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UNITED STATES REPORT

VOLUME 370

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1961

MAY 28 THROUGH JUNE 26, 1962

(END OF TERM)

WALTER WYATT
REPORTER OF DECISIONS

LAW LIORAT

AUG 1 | 1983

UNIVERSITY OF CALIFORNIA
UNITED STATES

DAVIS
GOVERNMENT PRINTING OFFICE

WASHINGTON : 1962

For sale by the Superintendent of Documents, U S. (oernmem Printing Othce

Washington 25, D.C. · Price $3.50 (Buckram)

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EARL WARREN, CHIEF JUSTICE.
HUGO L. BLACK, ASSOCIATE JUSTICE.
FELIX FRANKFURTER, ASSOCIATE JUSTICE.
WILLIAM O. DOUGLAS, ASSOCIATE JUSTICE.
TOM C. CLARK, ASSOCIATE JUSTICE.
JOHN M. HARLAN, ASSOCIATE JUSTICE.
WILLIAM J. BRENNAN, JR., ASSOCIATE JUSTICE.
POTTER STEWART, ASSOCIATE JUSTICE.
BYRON R. WHITE, ASSOCIATE JUSTICE.

RETIRED

STANLEY REED, ASSOCIATE JUSTICE.
HAROLD H. BURTON, ASSOCIATE JUSTICE.
SHERMAN MINTON, ASSOCIATE JUSTICE.
CHARLES E. WHITTAKER, ASSOCIATE JUSTICE.

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ROBERT F. KENNEDY, ATTORNEY GENERAL. ARCHIBALD COX, SOLICITOR GENERAL. JOHN F. DAVIS, CLERK. WALTER WYATT, REPORTER OF DECISIONS. T. PERRY LIPPITT, MARSHAL. HELEN NEWMAN, LIBRARIAN. *MR. JUSTICE FRANKFURTER was absent from the bench because of illness, and he took no part in the decision of any case reported in this volume.

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, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, viz:

For the District of Columbia Circuit, EARL WARREN, Chief Justice.

For the First Circuit, FELIX FRANKFURTER, Associate Justice.

For the Second Circuit, John M. HARLAN, Associate Justice.

For the Third Circuit, WILLIAM J. BRENNAN, JR., Associate Justice.

For the Fourth Circuit, EARL WARREN, Chief Justice.

For the Fifth Circuit, HUGO L. BLACK, Associate Justice.

For the Sixth Circuit, POTTER STEWART, Associate Justice.

For the Seventh Circuit, Tom C. CLARK, Associate Justice.

For the Eighth Circuit, BYRON R. WHITE, Associate Justice.

For the Ninth Circuit, WILLIAM O. DOUGLAS, Associate Justice.

For the Tenth Circuit, BYRON R. WHITE, Associate Justice.

April 16, 1962.

(For next previous allotment, see 369 U.S., p. v.)

IV

2

TRIBUTE TO MR. JUSTICE BLACK.

SUPREME COURT OF THE UNITED STATES.

MONDAY, JUNE 25, 1962.

Present: MR. CHIEF JUSTICE WARREN, MR. JUSTICE BLACK, MR. JUSTICE DOUGLAS, MR. JUSTICE CLARK, MR. JUSTICE HARLAN, MR. JUSTICE BRENNAN, MR. JUSTICE STEWART and MR. JUSTICE WHITE.

Mr. Solicitor General Cox addressed the Court as follows:

Mr. Chief Justice and may it please the Court: As the current Term closes, Mr. Justice Black will have completed 25 full Terms as an Associate Justice of this Court. This is a rare event in the Court's history. Although it would be inappropriate to speak at length, the members of the Bar would wish me to call attention to the event and to mention Mr. Justice Black's extraordinarily great contributions during those 25 Terms to the country, to the law, and to the Court. May I add two other things on behalf of the entire Bar: first, that we have always enjoyed, and will always value, the opportunity to appear before him and thus join in the common enterprise of administering justice for all; second, that we wish him health and good fortune to serve for many Terms to come.

THE CHIEF JUSTICE said:

Mr. Solicitor General: This is, indeed, a significant event in the life of the Court, and it is highly appropriate that you, Mr. Solicitor General, as a leader of the Bar, should initiate its recordation in today's proceedings.

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