I OCTOBER TERM, 1961 STATISTICS Original Appellate Miscella- Total neous Number of cases on dockets 13 1, 062 1, 510 2, 585 Cases disposed of 0 860 1, 297 2, 157 Remaining on dockets 13 202 213 428 Cases disposed of—Appellate Docket: By written opinions 100 By per curiam opinions or orders 95 By motion to dismiss or per stipulation (merits cases) 0 By denial or dismissal of petitions for certiorari 665 Cases disposed of—Miscellaneous Docket: By written opinions 0 By denial or dismissal of petitions for certiorari 1, 093 By denial or withdrawal of other applications 120 By granting of " other applications" 1 By per curiam dismissal of appeals 44 By other per curiam opinions or orders 24 By transfer to Appellate Docket 15 Number of written opinions 85 Number of printed per curiam opinions 17 Number of petitions for certiorari granted 141 Number of appeals in which jurisdiction was noted or post- poned 38 Number of admissions to bar 1, 983 REFERENCE INDEX Page Court convened October 2, 1961 and adjourned June 25, 1962. Court announced change in hours of sessions meeting there- after from 10 a.m. to noon with luncheon recess from 12 noon to 12:30 p.m. and adjournment at 2:30 p.rn 1 Court met for first time at 10 a.m. under amended rule (Octo- ber 9, 1961) 4 IT Page Black, J., Remarks by Solicitor General and response by Chief Justice on occasion of completion of 25 full terms as Associ- ate Justice (June 25, 1962) 328 Whittaker, J., Announcement of retirement (April 1, 1962) and correspondence thereon (April 2, 1962) 226 White, J., Commission read and oaths taken (April 16, 1962) (President Kennedy attended ceremony) 245 Reed, J., Designated and assigned to U.S. Court of Appeals for the District of Columbia Circuit 2 Designated and assigned to U.S. Court of Claims 2 Burton, J., Designated and assigned to U.S. Court of Appeals for the District of Columbia Circuit 2 Samuel Rayburn, Speaker of the House of Representatives, Chief Justice announced death and Court adjourned out of respect 99 Allotment orders 235, 254 John F. Davis appointed Clerk (October 23, 1961) 72 Edmund P. Cullinan appointed Chief Deputy Clerk (December 11, 1961) 124 Rodolph deB. Waggaman appointed Deputy Clerk (February 19, 1962) 181 Clerk's bond approved 83 RULES: Rule 4(1) fixing hours of sessions, amended 2 APPEALS: Dismissed for want of a substantial federal question by per curiam opinion after argument (30) 73 Appeal from District Court dismissed. Papers treated as petition for certiorari and certiorari granted (84) 219 Case certified to this Court under 18 U.S.C. 3731, by Court of Appeals. (No Jurisdictional Statement filed.) Motion to remand denied and probable jurisdiction noted (735) 231 Jurisdiction postponed and counsel requested to brief and argue, in addition to merits, question of Court's juris- diction on direct appeal (794) 293 Motion of appellee to dismiss under Rule 14(2) granted and appeal dismissed (No. — Homestead Hospital v. Bobcik) 302 ARGUMENTS: Pro hac vice (2-3, 158) 128, 182 Postponement sua sponte (5-43) 7 Postponement granted on motion (142) 239 Ill ARGUMENTS—Continued Pag. Advancement denied on motions (257-583, 959, 799, 1037) 165,323,336 Amicus curiae: By special leave of Court (61, 6, 66, 87, 42, 2-3, 242) _ 8, 44, 52, 68, 128, 158 By consent of counsel (15, 282, 604) 50, 182, 269 Motion for leave to argue as amicus curiae denied (532) __ 206 Reargument set (20, 19, 44, 70, 76, 90, 91, 173, 255, 256, 264, 278, 8 Orig., 479, 476, 477) 230, 231, 310, 336 Cases on regular calendar placed on summary calendar when companion cases were granted (21, 469, 366, 606) _ 10, 316, 337 Removed from summary calendar on motion (74) 68 Time allotted (2-3) 68 Joint request for allotment and division of time for argu- ment approved (8 Orig.) 75 Portion of case set for reargument, other portion decided by opinion (20) 230 No appearance or brief for respondents (37) 98 Submitted on brief without argument by one party where other parties argued (61) 126 Briefs accelerated and cases set for early hearing on motion (2-3) 75 Argument commenced by party other than plaintiff below in " cross-petition cases" by agreement of counsel (36-55) _ 83 Motions of two appellees in one case that separate hear- ings be held, granted (439) 147 Sixteen hours allowed for original argument and six hours allowed on reargument (8 Orig.) 75, 310 Counsel directed to argue, in addition to merits, question of Court's jurisdiction on direct appeal (239) 147 Arguments held on Monday and Tuesday (April 2 and 3) and again on Monday and Tuesday (April 9 and 10) resulting in a total of 5 weeks of argument during a six week period. ATTORNEYS: Appearances withdrawn on motion (10, 46, 26, 27, 28, 32, 85, 86, 248, 71, 84, 315, 244, 394, 867 Misc.) 7, 68, 76, 119, 206, 353 Counsel appointed on motion (1011) 336 Counsel appointed sua sponte (158, 479) 8, 158 Motion for appointment of counsel denied (476) 91 IV ATTORNEYS—Continued Palfe Disbarment (Lowell M. Birrell), following suspension and show cause order, resignation was submitted and ac- cepted by Court (740 Misc.) 101, 166 Disbarment (Jules Chopak) suspension and show cause order issued (1273 Misc.) 249 Resignation accepted (Henry R. Shields) (No. —, In the Matter of Henry R. Shields) 310 BRIEFS: Motion of Governor of State for leave to file amicus curiae brief, granted (6) 7 Merits briefs accelerated on motion (2-3) 75 Motion (appeal) for acceleration of filing motions denied (643) ..1 147 Separate briefs ordered filed on motion by separate appellees in same case (439) 147 Solicitor General invited to file briefs expressing views of the United States (659, 89) 206, 219 Motion to strike respondent's brief denied (1038 Misc.)__ 354 Amicus curiae briefs. Court granted approximately 33 motions and denied approximately 4 such motions. CERTIORARI: Limited grant and denied "in all other respects" (242) 11 Limited grant with directions to brief and argue jurisdic- tion (839) 294 Consideration deferred to accord petitioner opportunity to secure certificate from State Supreme Court as to basis of opinion below (80) 89 Dismissed as improvidently granted (58, 234, 288, 396) __ 106, 204, 230, 321 Dismissed as to deceased respondent (in opinion) (101) 273 "Denial", meaning of, Memo of two Justices (864 Misc.)_ 201 Denied in light of representations by State Attorney General as to adequacy of state remedies (21 Misc., 709 Misc.) 38, 353 Denied in light of representations by State Attorney General that State Court would consider and pass upon a proper petition for furnishing a record without pre- payment of costs (880 Misc.) 353 Denied without prejudice to pending habeas corpus pro- ceedings in USDC (494 Misc.) 82 V CERTIORARI—Continued Paffe Denied without prejudice to future certiorari proceedings to review further actions of courts below on petitioner's application to appeal his conviction in forma pauperis as suggested by Solicitor General (125 Misc.) 151 Denied when court not in session in capital cases in view of imminent death sentences (629 Misc., 1084 Misc., 853) 65, 193,244 Denied in per curiam opinion (584 Misc.) 281 Before judgment. Appeal from USDC dismissed and papers treated as petition for certiorari before judgment and granted (84) 219 Petition directed to two courts denied (660) 219 COSTS AND DAMAGES: Motion for damages denied (289) 23 EXTRAORDINARY WRITS: Habeas corpus—Motion for leave to file in federal case denied but papers treated as petition for certiorari to USCA and granted (1073 Misc.) 187 Habeas corpus—Motion for leave to file petition trans- ferred to USDC pursuant to 28 U.S.C. 2241(b) and Rule 31(5) Revised Rules (602 Misc.) 288 Habeas corpus—Motion for leave to file denied but papers treated as petition for certiorari. Certiorari granted and case transferred to USDC (928 Misc.) 354 Injunction—Motion for issuance to stay state criminal proceedings denied for want of standing and other considerations (No. Bailey v. Patterson) 131 — , Mandamus—Motion for leave to file granted and case argued and decided with ancillary certiorari proceeding. In view of opinion, no further action was required on the mandamus feature (180 Misc.) 10, 332 JUDGMENTS, OPINIONS AND MANDATES: Judgments: Affirmed by equally divided Court (124) 309 Affirmed as to Counts I and III and reversed as to Count II with remand to USDC (430-434) 320 Announced (46, 123, 242, 481) 279,330 Motion to recall and amend or correct denied (47) 199 Order of USDC dismissing complaint modified to pro- vide that proceedings are remanded to ICC with directions to vacate and set aside its order (41) 130 657008—62 2 VI JUDGMENTS, OPINIONS AND MANDATES—Continued Judgments—Continued p»*e Reversed (State) on confession of error and examina- tion of record (66 Misc.) 6 Reversed (CA) with remand to that Court with direc- tions to enter judgment affirming and enforcing order of NLRB (37) 130 Reversed (CA) with directions that judgment be en- tered affirming and enforcing order of NLRB (35, 38, 39) 146 Reversed (CA) with instructions to enforce order of NLRB (222) 292 Reversed (CA) with directions that judgment be en- tered enforcing the order of NLRB in its entirety (464) 301 Reversed (CA) with remand to USDC with instruc- tions to dismiss indictment (75) 130 Reversed (CA) with instructions to affirm order of FTC (74) 145 Reversed (CA) with remand of case to separate USDC's wherein they arose (83) 199 Reversed (CA) with remand to that Court for further proceedings including resolution of any questions CA might have left unanswered on assumption that there was no liability