: : OCTOBER TERM, 1950 STATISTICS Miscel- C\t\ (Tin o 1 X O tjdil laneous Number of cases on dockets _ 13 783 539 1,335 Cases disposed of _ _ 5 687 524 1, 216 Remaining on dockets 8 96 15 119 Cases disposed of—Appellate Docket By written opinions 114 By per curiam opinions 74 By motion to dismiss or per stipulation (merit cases) 4 By denial or dismissal of petitions for certiorari 495 Cases disposed of—Miscellaneous Docket By written opinions 0 By per curiam opinions 3 By denial or dismissal of petitions for certiorari 386 By denial or withdrawal of other applications 121 By transfer to Appellate Docket 14 Number of written opinions 91 Number of petitions for certiorari granted 106 Number of appeals in which jurisdiction was noted or post- poned 28 Number of admissions to bar (including 531 at Special Term) _ 1, 339 REFERENCE INDEX Page Murphy, J., resolutions of the bar presented 140 Kutledge, J., resolutions of the bar presented 175 Special term held September 20th, during meeting of American Bar Association, as a convenience to attorneys desiring to avail themselves of opportunity to be admitted 1 Conference room sessions 69, 134, 196 Attorney—Motion for a member of the English Bar to partici- pate in oral argument, pro hac vice, granted. (He did not appear.) Motion to postpone argument denied. An indi- vidual statement was filed by one of the Justices (336) . See 340 U. S. 887 72 Attorney—Withdrawal of membership (John Locke Green) __ 236 908025—51 73 : II reference index—continued Page Disbarment—In the matter of Lewis E. Barnes 214 Counsel appointed (642-respondent) (707) 217,228 Rules of Civil Procedure Par. 7 of Rule 81 (a) abrogated. Rule 71A for condemnation cases promulgated. Forms 28 and 29 approved 208 Original Docket—Cases ordered stricken from docket (5 and 7 Orig.) 3 Per curiam order amended—two Justices wanted it shown that they had voted to hear argument in cases affirmed on con- sideration of jurisdictional statements. Rehearing subse- quently denied (844-7 O. T. 1949) 4, 37 Decree amended pursuant to joint motion (8 Orig.) 46 Opinions amended (13 Orig., 37, 46-8, 209) 36,105,124,156 Opinion by an individual Justice entitled "Dubitante" (565) — 227 Opinion by an individual Justice "reserving judgment" (96 and 205) 115 Judgment entered nunc pro tunc due to death of party (14) 70 Judgments announced—no opinions of the Court (26, 8, 7, 71, 168, 336) 198,204,205,234 Judgments affirmed by equally divided Court (19, 5, 170, 49) (229, on consideration of petition for certiorari) 45, 64, 89, 205, 212 Judgment state court vacated, on consideration of petition for certiorari, and case remanded for reconsideration in light of subsequent decisions of this Court (145) 33 Judgments vacated, on consideration of petitions for certiorari, and cases remanded to Courts of Appeals for further con- sideration or reconsideration in light of recent decisions (294 Misc., 538, 586) 156,234 Judgment state court vacated, on consideration of petition for certiorari, and case remanded for clarification to show, in light of cited cases, whether judgment rested on state or federal ground (493) 199 Judgments vacated on joint motion and case remanded to Dis- trict Court for consideration of recent act of Congress and with leave to present further evidence (292) 64 Judgment vacated, on consideration of petition for certiorari, and case remanded to Court of Appeals for further consid- eration, in view of concession of Government (406) 96 Judgment vacated "upon consideration of record and confes- sion of error by the Solicitor General" and case remanded to District Court for resentencing (447 Misc.) Cf. 531 Misc. p. 242 235 Ill reference index—continued Page Judgments vacated and cases remanded to District Court with directions to vacate and dismiss as moot ( 195, civil contempt of grand jury term of which expired prior to action on pe- tition for certiorari; 345, citing cases; 426; 423; 567; 89, habeas corpus proceeding where petitioner, held by Immi- gration Officials, was paroled in custody of husband and attorney by Attorne}^ General ; Cf . petition from state court denied as moot, No. 676, p. 229) 89, 96, 118, 170, 135 Judgment state court reversed, on consideration of petition for certiorari, with two Justices of the view that judgment of highest court of a state should not be reversed without a hearing (181 Misc.) 65 Judgments reversed on consideration of jurisdictional state- ments (483, 660) 234 Amicus curiae brief—motion to file granted (first and only motion granted since amendment of Nov. 14, 1949) (87) 97 Argument—motion to postpone denied (336,352) 72,156 Argument—pro hac vice (336, 146) 72, 130 Court called upon respondent to open argument and when he had concluded declined to hear further argument (600) 203 Case assigned for hearing two weeks after jurisdiction noted without motion to expedite having been filed (election case) (577) 162 Hearing—motion to advance and expedite hearing of appeal in election case denied by memorandum with three Justices joining in a dissenting memorandum—Maryland Subversive Activities Act (371). Appeal later dismissed as moot 48,64 Keargument ordered (132, 318, reargued two days later) 97, 104 Case continued following argument to enable counsel to apply to state courts for certificate or expression as to basis of deci- sions; see opinion (421) 161,227 Costs—motion of respondent to tax costs including brief and attorneys' fees denied (261) 66 Fees—motion to refund Clerk's fees denied (69) 104 In forma pauperis—motion for leave to proceed denied where affidavit was that of counsel rather than the party (606) 228 Bail—motion for bail in habeas corpus proceeding referred to Court by individual Justice and release from custody ordered (703) (see Eule 45, pars. 2 and 4) 205 Stay granted (565) 167 Stays in capital cases denied (253 Misc. ; 321 Misc.) 69, 113 Stays denied—had been referred to court by the Chief Justice (Nos. — ) 161, 196 : IV REFEEENCE INDEX Continued. Page Stay—motion to vacate stay, theretofore granted by the Chief Justice, denied, see per curiam (Sawyer v. Dollar) 235 Mandate—motion to include provision for retention of jurisdic- tion by District Court denied ( 136, 395) 236 Mandate—motion to stay denied (136, 395) 236 Motion to dispense with printing part of record, granted ( 565 ) _ 136 Appeal dismissed with three Justices voting to postpone juris- diction and to hear argument (293) 45 Appeal dismissed in part and judgment affirmed in part (304) 52 Certiorari Writs dismissed, on motion of petitioners, in tort claims cases which had been settled following reference of pro- posed settlement to District Court (2 and 3) 4 Writ dismissed as improvidently granted (421) 227 Granted by memorandum opinion (697 and 702) 235 Denied with notation that one Justice has "filed a memoran- dum respecting the denial." Dissenting memorandum was later filed by two other Justices (59 Misc.) 26 Denied for reason application not made within time pro- vided by law (412) 98 Petition dismissed for failure to comply with rules (414) 158 Denied with three Justices noting disqualification (520) 158 Denied with three Justices voting to grant (303 Misc.) 194 Denied with two Justices voting to grant (last of the cases of German war criminals condemned to death) (643) 200 Denied without prejudice, etc. (Illinois order) (385 Misc.) _ 165 Denied for want of a final judgment (380 Misc.) 208 Denied without prejudice to application to District Court for resentencing (531 Misc.) (Cf. 447 Misc.) In 531 Misc. there was a question as to timeliness of the petition. 242 Denied in a state court case as moot, no longer in respond- ent's custody (676) 229 Motion to amend petition granted where purpose was to change court to which writ was asked to be directed, re- spondent having raised a question as to the proper court (99) _> 16 Petition directed to two courts to review two orders on one record (421) 110 Eecess from Jan. 15 to Feb. 26 (six weeks) 113 Order suspending call of docket—entered April 23; argu- ments completed April 25 201 Order fixing adjournment date 215 Order as to sessions amended 220 Final order 242 U. S. GOVERNMENT PRINTING OFFICE: 1951 ;;; WEDNESDAY, SEPTEMBER 20, 195 0 1 SUPREME COURT OF THE UNITED STATES The Court met in Special Term pursuant to a call by the Chief Justice having the approval of all the Associate Justices present. Present: The Chief Justice, Mr. Justice Black, Mr. Justice Reed, Mr. Justice Jackson, Mr. Justice Burton, Mr. Justice Clark, and Mr. Justice Minton. Harold B. Tanner, of Providence, E. I. ; Samuel Safronoff , of Mer- L. rick, N. Y. ; Burton E. Robinson, of Cincinnati, Ohio; Harold Tallahassee, Fla. Joseph L. Breen, of Providence, R. I. Sebring, of ; Arthur J. Levy, of Providence, R. I. ; Raoul Archambault, of Provi- dence, R. I. ; Grafton Dulany Rogers, of Baltimore, Md. : Luster M. Merriman, of Vero Beach, Fla. George W. Thames, of Jacksonville, ; Fla. Frnka, of Austin, Tex. ; Thomas E. Griffin, of Monroe, ; Joseph V. Mich. ; T. H. Goheen, of Calmar, Iowa ; Bernard Moritz, of Michigan City, Ind. ; William M. North, Jr., of Mitchell, S. Dak. ; Arthur J. Hass, of Detroit, Mich. ; Carson Gray Frailey, of Washington, D. C. Allen E. Barrow, of Tulsa, Okla. ; Earl T. Thomas, of Jackson, Miss. Marvin D. Brown, of New York City Hilary W. Costello. of Wash- ; ington, D. C. ; Otis M. Buckner, of Chicago, 111. ; Morris E. White, ; Phoenix, Ariz. Meyer Fix, of of Tampa, Fla. Francis J. Ryley, of ; Rochester, ; P. Showers, of Los Angeles, Calif. Spauld- N. Y.