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VOLUME 234

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1913

CHARLES HENRY BUTLER

REPORTER

THE BANKS LAW PUBLISHING CO.

NEW YORK

1914

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The price of this volume is fixed by statute (§ 226, Judicial Code, 36
U. S. Statutes at Large, 1153) at one dollar and seventy-five cents.
Cash must accompany the order. The purchaser must pay the cost
of delivery.

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JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS.1

EDWARD DOUGLASS WHITE, CHIEF JUSTICE.
JOSEPH MCKENNA, ASSOCIATE JUSTICE.

OLIVER WENDELL HOLMES, ASSOCIATE JUSTICE.
WILLIAM R. DAY, AssoCIATE JUSTICE.

HORACE HARMON LURTON, ASSOCIATE JUSTICE. CHARLES EVANS HUGHES, ASSOCIATE JUSTICE. WILLIS VAN DEVANTER, ASSOCIATE JUSTICE. JOSEPH RUCKER LAMAR, ASSOCIATE JUSTICE. MAHLON PITNEY, ASSOCIATE JUSTICE.

JAMES C. MCREYNOLDS, ATTORNEY GENERAL.
JOHN WILLIAM DAVIS, SOLICITOR GENERAL.
JAMES D. MAHER, CLERK.

JOHN MONTGOMERY WRIGHT, MARSHAL.

1 For allotment of THE CHIEF JUSTICE and Associate Justices among the several circuits see next page.

2 Mr. Justice Lurton was absent from the bench on account of illness from December 3, 1913, until April 6, 1914, and took no part in the decisions of cases argued and submitted during that period. He was on the bench from April 6, until the adjournment of the Term June 22. He died during vacation on July 12, 1914, at Atlantic City, New Jersey. Further reference to Mr. Justice Lurton will appear in a later volume. During vacation President Wilson appointed, and the Senate confirmed, James Clark McReynolds, of Tennessee, as Associate Justice to succeed Mr. Justice Lurton; he took his seat on the bench on the opening of October Term 1914.

SUPREME COURT OF THE UNITED STATES.

ALLOTMENT OF JUSTICES, MARCH 18, 1912.1

ORDER: There having been an Associate Justice of this court appointed since the commencement of this term,

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, Charles E. Hughes, Associate Justice.

For the Third Circuit, Mahlon Pitney, Associate Justice. For the Fourth Circuit, Edward D. White, Chief Justice. For the Fifth Circuit, Joseph R. Lamar, Associate Justice.

For the Sixth Circuit, William R. Day, Associate Justice. For the Seventh Circuit, Horace H. Lurton, Associate Justice.

For the Eighth Circuit, Willis Van Devanter, Associate Justice.

For the Ninth Circuit, Joseph McKenna, Associate Justice.

For previous allotment see 222 U. S., p. iv. At the opening of October Term 1914 a new allotment was announced which was the same as the above except that Mr. Justice McReynolds was allotted for the Seventh Circuit in place of Mr. Justice Lurton, deceased.

TABLE OF CONTENTS.

TABLE OF CASES REPORTED.

Adams Express Company v. Windolph, to the use of
Weiner

Alabama & Vicksburg Railway Company v. Morris
American Ice Company, Petitioner, v. Porreca
American Tie & Timber Co., Ltd., Texas & Pacific
Railway Company v.

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PAGE

768

766

760

138

74

294

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