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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, FRED M. VINSON, Chief Justice.

For the First Circuit, Felix FRANKFURTER, Associate Justice.

For the Second Circuit, ROBERT H. JACKSON, Associate Justice.

For the Third Circuit, Harold H. BURTON, Associate Justice.

For the Fourth Circuit, FRED M. VINSON, Chief Justice. For the Fifth Circuit, Hugo L. BLACK, Associate Justice. For the Sixth Circuit, STANLEY REED, Associate Justice.

For the Seventh Circuit, SHERMAN MINTON, Associate Justice.

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

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

For the Tenth Circuit, Tom C. CLARK, Associate Justice. October 14, 1949.

(For next previous allotment, see 337 U. S. p. iv.)

DEATHS OF MR. JUSTICE MURPHY AND

MR. JUSTICE RUTLEDGE.

SUPREME COURT OF THE UNITED STATES.

MONDAY, OCTOBER 3, 1949.

Present: MR. CHIEF JUSTICE VINSON, MR. JUSTICE BLACK, MR. JUSTICE REED, MR. JUSTICE FRANKFURTER, MR. JUSTICE JACKSON, MR. JUSTICE BURTON, and MR. JUSTICE CLARK.

THE CHIEF JUSTICE said:

Since last this Court convened we have been saddened by the untimely deaths of Mr. Justice Murphy and Mr. Justice Rutledge. These tragic losses to the Court and the Nation are the more keenly felt because our brothers were stricken in the fullness of their great powers of mind and spirit, which were ever applied with selfless devotion to the work of the Court. In addition, we must contemplate the end of personal associations made precious by the courtesy, warmth, and friendliness that marked their every word and deed.

Frank Murphy devoted his life to public service. Except for one three-year period, his career, from the time of his Army service during the first World War until his death 32 years later, was one of service to his City, State, and Nation. During that time he held the positions of Assistant United States Attorney, Judge of the Recorder's Court of the City of Detroit, Mayor of Detroit, Governor General and then United States High Commissioner of the Philippine Islands, Governor of Michigan, Attorney General of the United States, and Associate Justice of this Court. In each of these positions of high trust and honor, Mr. Justice Murphy displayed a tenacity of conviction and devotion to ideals that earned for him the respect and admiration of all. Though gentle and kindly of temperament, in defense of the fundamental rights of the accused and the underprivileged his spirit was that of a warrior. His passionate defense of the rights of minorities whose principles were anathema to him will stand as a monument to his honesty, integrity, and valor.

Wiley Blount Rutledge was a teacher until he took his seat on the bench. After conquering disease that early threatened his life, he taught successively at the law schools of the University of Colorado, Washington University at St. Louis, and the University of Iowa. At the two Universities last named, he assumed the additional burdens of the Deanship. He was appointed to serve on the United States Court of Appeals for the District of Columbia in 1939. In 1943 he took his seat on this bench. Beloved of his students, he became beloved of us all. His friendship was a source of great joy while he lived; it is a source of great pride now that he is gone. It was said of Mr. Justice Cardozo that he had a “passion for justice." No epitaph could be more fitting for Mr. Justice Rutledge, nor would he have wanted any other. His search for the right, the just, and the decent was unremitting. His devotion to this task so overtaxed his strength that he was taken from us in the prime of his years. But in our memories he remains-a revered teacher, a wise judge, and a faithful friend.

Saddened by our losses but inspired by the examples of devotion to duty which Mr. Justice Murphy and Mr. Justice Rutledge have provided for us, we turn to the work before us. At an appropriate time, the Court will receive the resolutions of the Bar in tribute to their memory.

APPOINTMENT OF MR. JUSTICE CLARK.

SUPREME COURT OF THE UNITED STATES.

MONDAY, OCTOBER 3, 1949.

Present: MR. CHIEF JUSTICE VINSON, MR. JUSTICE BLACK, MR. JUSTICE REED, MR. JUSTICE FRANKFURTER, MR. JUSTICE JACKSON, MR. JUSTICE BURTON, and MR. JUSTICE CLARK.

THE CHIEF JUSTICE said:

Since the adjournment of the Court in June the President has nominated and, with the advice and consent of the Senate, has appointed Attorney General Tom C. Clark, of Texas, to be an Associate Justice of this Court in succession to Associate Justice Frank Murphy, deceased. He has presented his commission and has taken the oaths prescribed by law. It is ordered that his commission be recorded and that his oaths be filed.

The commission of MR. JUSTICE CLARK is in the words and figures following, viz:

HARRY S. TRUMAN,

PRESIDENT OF THE UNITED STATES OF AMERICA,

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To all who shall see these Presents, Greeting:

Know YE; That reposing special trust and confidence in the Wisdom, Uprightness, and Learning of Tom C. Clark of Texas I have nominated, and, by and with the advice and consent of the Senate, do appoint him an Associate Justice of the Supreme Court of the United States, and do authorize and empower him to execute and

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