UNITED STATES REPORTS VOLUME 303 CASES ADJUDGED IN THE SUPREME COURT AT OCTOBER TERM, 1937 FROM JANUARY 18, 1938, TO AND INCLUDING APRIL 11, 1938 For sale by the Superintendent of Documents, Washington, D. C. RETIREMENT OF MR. JUSTICE SUTHERLAND. On January 7, 1938, it was ordered by the Court that the accompanying correspondence between members of the Court and Mr. Justice Sutherland be spread upon the minutes and that it also be printed in the reports of the Court. SUPREME COURT OF THE UNITED STATES WASHINGTON, D. C. My dear Justice SUTHERLAND: JANUARY 6, 1938. Upon your retirement from regular active service on the bench, we wish to give you renewed assurance of our warm affection and of our high appreciation of the distinguished ability and unremitting devotion which have characterized your long participation in the work of the Court. Not only have you brought to our deliberations learning and dialectical skill, a wide knowledge of affairs enriched by varied and eminent public, service, and a habit of thoroughness and precision, but you have matched tenacity of purpose with an unvarying kindliness and have mellowed our deliberations with unfailing humor. We keenly regret the loss of this companionship which will ever remain a delightful memory. We trust that in your retirement from the constant labor of active service you will find fresh vigor and the abiding satisfaction which comes from the consciousness of arduous duties performed with complete fidelity. Faithfully yours, CHARLES E. HUGHES. HARLAN F. STONE. OWEN J. ROBERTS. HUGO L. BLACK, MR. Justice SUTHERLAND. SUPREME COURT OF THE UNITED STATES WASHINGTON, D. C. My dear BRETHREN: JANUARY 7, 1938. I have read your letter, and make my reply to it with mingled emotions of gratitude for the more than generous things you say, and sorrow that these amenities end the completeness of that close, and affectionate comradeship which reaches back so many years. It is very hard for me to step out of this circle, where I have taken comfort for so long. I leave the Court with keen regret. I have loved the work in which we have been engaged together; and only a definite conviction that the time has come reconciles me to the unwelcome thought of laying it down. The memory of our association will remain; but this, although very dear, will not compensate me for the loss of the reality. May health and happiness attend you all throughout the coming years. Very sincerely yours, The CHIEF JUSTICE. Mr. Justice MCREYNOLDS. Mr. Justice BRANDEIS. Mr. Justice BUTLER. Mr. Justice STONE. Mr. Justice ROBERTS. Mr. Justice CARDOZO. Mr. Justice BLACK. GEO. SUTHERLAND. VII .. For allotment of the Chief Justice and Associate Justices among the several circuits, see next page. 'MR. JUSTICE CARDOZO was absent from the bench, on account of illness, during the period covered by this volume. 'MR. STANLEY REED, of Kentucky, was nominated to be Associate Justice by President Roosevelt on January 15, 1938; the nomination was confirmed by the Senate on January 25; the commission issued January-27; and he took the constitutional and judicial oaths and was seated on January 31. MR. JUSTICE SUTHERLAND, by letter to the President of January 5th, communicated his intention to retire on the 18th of that month, as authorized by Act of March 1, 1937, c. 21, 50 Stat. 24. See p. VI. "MR. ROBERT H. JACKSON, of New York, was nominated to be Solicitor General by President Roosevelt on January 27, 1938; the nomination was confirmed by the Senate March 4; and he was commissioned and took the oath of office March 5. IV SUPREME COURT OF THE UNITED STATES. ALLOTMENT OF JUSTICES It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, agreeably to the acts of Congress in such case made and provided, and that such allotment be entered of record, viz: For the First Circuit, Louis D. Brandeis, Associate Justice. For the Second Circuit, Harlan F. Stone, Associate Justice. For the Third Circuit, Owen J. Roberts, Associate Justice. For the Fourth Circuit, Charles Evans Hughes, Chief Justice. For the Fifth Circuit, Hugo L. Black, Associate Justice. For the Sixth Circuit, James C. McReynolds, Associate Justice. For the Seventh Circuit, Benjamin N. Cardozo, Associate Justice. For the Eighth Circuit, Pierce Butler, Associate Justice. For the Ninth Circuit, Stanley Reed, Associate Justice. For the Tenth Circuit, Pierce Butler, Associate Justice. February 7, 1938. (For next previous allotment, November 8, 1937, see 302 U. S., p. IV.) |