UNITED STATES REPORTS

VOLUME 338

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1948

AND

OCTOBER TERM, 1949

OPINIONS OF JUNE 27, 1949, CONCLUDED (END OF 1948 TERM)

DECISIONS FROM BEGINNING OF 1949 TERM

THROUGH FEBRUARY 13, 1950

WALTER WYATT

REPORTER

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1950

For sale by the Superintendent of Documents, U. S. Government Printing Office
Washington 25, D. C. - Price $3.00 (Buckram)

copy 2

ERRATA.

305 U. S. 362, line 32. "§ 21 (n)" should be "§ 23 (n)". 337 U. S. 923. In No. 746, the citation should be "171 F. 2d 964."

II

JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS.*

FRED M. VINSON, CHIEF JUSTICE.
HUGO L. BLACK, ASSOCIATE JUSTICE.

STANLEY REED, ASSOCIATE JUSTICE.
FELIX FRANKFURTER, ASSOCIATE JUSTICE.
WILLIAM O. DOUGLAS, ASSOCIATE JUSTICE.
FRANK MURPHY, ASSOCIATE JUSTICE.1
ROBERT H. JACKSON, ASSOCIATE JUSTICE.
WILEY RUTLEDGE, ASSOCIATE JUSTICE.2
HAROLD H. BURTON, ASSOCIATE JUSTICE.
TOM C. CLARK, ASSOCIATE JUSTICE.3
SHERMAN MINTON, ASSOCIATE JUSTICE.1

TOM C. CLARK, ATTORNEY GENERAL.3

J. HOWARD MCGRATH, ATTORNEY GENERAL.5 PHILIP B. PERLMAN, SOLICITOR GENERAL. CHARLES ELMORE CROPLEY, CLERK.

WALTER WYATT, REPORTER.

THOMAS ENNALLS WAGGAMAN, MARSHAL. HELEN NEWMAN, LIBRARIAN.

*Notes on p. IV.

NOTES.

1 Mr. Justice Murphy died at Detroit, Michigan, on July 19, 1949; funeral services were held in Our Lady of Lake Huron Church, and interment was in Rock Falls Cemetery, Harbor Beach, Michigan, on July 22, 1949. See post, p. VII.

2 Mr. Justice Rutledge died at York, Maine, on September 10, 1949; funeral services were held in All Souls Unitarian Church, Washington, D. C., on September 14, 1949. See post, p. VII.

3 The Honorable Tom C. Clark, of Texas, Attorney General of the United States, was nominated by President Truman on August 2, 1949, to be an Associate Justice; the nomination was confirmed by the Senate on August 18, 1949; he was commissioned August 19, 1949; took the oaths of office on August 24, 1949; and took his seat October 3, 1949. See post, p. ix

The Honorable Sherman Minton, of Indiana, Judge of the United States Court of Appeals for the Seventh Circuit, was nominated by President Truman on September 15, 1949, to be an Associate Justice; the nomination was confirmed by the Senate on October 4, 1949; he was commissioned October 5, 1949, and took the oaths of office and his seat on October 12, 1949. See post, p. xi.

5 The Honorable J. Howard McGrath, United States Senator from Rhode Island, was nominated by President Truman on August 2, 1949, to be Attorney General; the nomination was confirmed by the Senate on August 18, 1949; he was commissioned August 19, 1949; and he took the oath and entered on duty August 24, 1949.

IV