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SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1905.

MONDAY, MAY 28, 1906.

It is ordered that the following correspondence be spread upon the record:

SUPREME COURT OF THE UNITED STATES.

May 28, 1906.

DEAR BROTHER BROWN: We cannot allow your active participation in the work of the court to terminate with the adjournment of to-day without the expression of our sincere regret.

You came here with high reputation, justly deserved by a distinguished career of many years as a district judge of the United States, to which you have added in the fruits of over fifteen years of eminent judicial labors in this place.

Of those who were on this bench when you took your seat, Bradley, and Lamar, and Blatchford, and Field, and Gray have passed on, and you have witnessed the coming and the going of Shiras and Jackson, one of whom happily survives.

In a certain sense, what shadows we are, and what shadows we pursue, but not in every sense; for what has been worthily accomplished will still live and the memory of the just judge will not perish.

We assure you that those of us who have been longest with you, as well as those of a briefer association, alike concur in that affectionate regard and that deep respect which your amiable disposition and the great assistance in the administration of justice which your experience, learning, and ability have enabled you to render have inspired.

We hope that the light which has come to pass at the eveningtime of a well spent life may long shine upon you, and that our fraternal intercourse may be continued for many years. Very cordially, yours,

MELVILLE W. FULLER,

JOHN M. HARLAN,
DAVID J. BREWER,

E. D. WHITE,

R. W. PECKHAM,

JOSEPH MCKENNA,

OLIVER WENDELL HOLMES,

WILLIAM R. DAY.

SUPREME COURT OF THE UNITED STATES,

WASHINGTON, D. C., May 28, 1906. MY DEAR BRETHREN: I thank you for your graceful and generous expressions of esteem. One of the most delightful experiences of my life has been the cultivation of the friendly companionships of the last fifteen years, which I would gladly continue, were it not that impaired eyesight and the inertia which comes with three score and ten admonish me that my duty to the country, to you, and to myself demands a relinquishment of the burden I have borne for thirty-one years, half of which have been spent in your company. While my resignation necessitates a severance of our official relations, I hope these relations may continue socially so long as our lives are spared to us.

I rejoice that I am leaving the court at a time when it has never stood higher in the estimation of the people, nor when more important cases have been, and still are being, presented for its consideration. The antagonisms, sometimes almost fierce, which were developed during the earliest decades of its history, and at one time threatened to impair its usefulness, are happily forgotten; and the now universal acquiescence in its decisions, though sometimes reached by a bare majority of its members, is a magnificent tribute to that respect for the law inherent in the Anglo-Saxon race, and contains within itself the strongest assurance of the stability of

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our institutions. The services rendered by the Supreme Court

in this connection have been of incalculable value.

Again thanking you for your kindly interest in my welfare, I remain, with profound respect,

Most sincerely, yours,

HENRY B. BROWN.

SUPREME COURT OF THE UNITED STATES.

CHIEF JUSTICE'S CHAMBERS.

May 29, A. D. 1906.

By reason of a vacancy occurring on the final adjournment of the October Term, A. D. 1905, a new allotment having become necessary in vacation:

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 act of Congress in such case made and provided, and that such allotment be entered of record, viz.:

For the First Circuit, Oliver Wendell Holmes, Associate Justice;
For the Second Circuit, Rufus W. Peckham, Associate Justice;
For the Third Circuit, Edward D. White, Associate Justice;
For the Fourth Circuit, Melville W. Fuller, Chief Justice;
For the Fifth Circuit, Edward D. White, Associate Justice;
For the Sixth Circuit, John M. Harlan, Associate Justice;
For the Seventh Circuit, William R. Day, Associate Justice;
For the Eighth Circuit, David J. Brewer, Associate Justice;
For the Ninth Circuit, Joseph McKenna, Associate Justice.
MELVILLA W. FULLER,

Chief Justice.

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