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Monday, March 12, 1877. us so closely to you may never be broken, we The court has received through the Chief Jus- subscribe ourselves, very sincerely, your friends, tice a letter from Mr. Justice Davis announcing M. R. WAITE, STEPHEN J. FIELD, bis resignation of bis office as one of the Asso- NATHAN CLIFFORD, W. STRONG, ciate Justices, and have transmitted to him a N. H. SWAYNE, Joseph P. BRADLEY, letter expressing their feelings on the occasion ; SAM. F. MILLER, WARD HUNT. and direct that both letters be entered upon the The Honorable David Davis. minutes—which are in the words and figures fol.

Monday, March 19, 1877. lowing, to wit: Washington, March 5, 1877.

Retirement of Mr. Justice Davis. My Dear Brethren: – My official connection

Mr. Attorney-General Devens presented the with the Supreme Court of the United States resolutions of the Bar, adopted at a meeting closes to-day.

held in the Court Room on the 17th instant, and I have determined to accept a seat in the Sen- made the following remarks: ate with which I have been honored by the Gen

"I ask but a single moment's delay in the busieral Assembly of the State of Illinois. Having ness of the court, that I may, on behalf of the passed all the years of my active life at the Bar Bar, present to Your Honors certain resolutions, or on the Bench, it is not without serious mis- expressive of their respect for the Hon. David givings that I enter upon a new sphere of pub- Davis

, late an Associate Justice, and of their lic service; but I have not felt at liberty to de- regret at his retirement from the duties of the cline the honorable position to which I have been high office which he has so long and ably filled.

If these resolutions shall in any way be found invited. In severing the relations which have existed they err on the side of too much repression.

obnoxious to just criticism, it will be because between us for so many years, I beg leave to The Bar have preferred this, rather than it bear my testimony to the eminent learning, abil- should he said that there has been any exaggerity and integrity which have characterized your ation in their expressions of respect for him, or judicial labors. From the organization of the regret for his departure to other fields of labor Government, the Supreme Court has been com and duty. They are quite well aware that the posed of able and upright judges. In my judg. 1 time for the full consideration of his many ment, it is now as worthy of the confidence of claims upon their respect and gratitude, and of the American people as it ever has been at any his just eulogy, has not arrived; and they earnperiod of its history. Since I was invited to its estly hope that the hour for this may be long councils by President Lincoln, six of its mem- postponed. But they are unwilling to part from bers bave been numbered with the dead. I take him in the chamber where he has so long listengreat satisfaction in the reflection that my re-led with patience and decided with justice, withlations with them, and all my associates, bave out an assurance on their part that they apprebeen uniformly kind and cordial.

ciate his industry, fidelity and ability, in the In offering you my parting salutations, I beg many harassing, grave and important matters you to be assured of the respect and sincere good which have been passed upon by this Court wishes with which I remain your friend and while he was one of the associate justices. servant,

DAVID DAVIS. The monument of his reputation is to be found To the Chief Justice and the Associate Justices in the volumes of reports which have followed of the Supreme Court of the United States. the time of his appointment, and which are to

stand permanently. To discharge the duties of Supreme Court of the United States, a magistrate of this Court, to the considerate acMarch 10, 1877.

ceptance of those who have conducted the conDear Brother Davis :-We have received, with troversies before it, is no easy task. The fame sincere regret, your letter announcing that year which is embodied only in our somewhat shabby official connection with us is closed. During the sheep-skin volumes seems but a dusty immortalfifteen years in which you have been a member ity. There is nothing to please the ear like the of this court, questions of the gravest charac triumphs of eloquence in the halls of debate, or ter have come before it for adjudication, and you delight the eye like the victories of martial globare borne your full share of the labor and re- ry, in these calm, closely reasoned judgments. sponsibility which their decision involved. We Little read although they may be by the masses shall miss in the conference room your wise of the people, yet they reach every man in bis judgment and your just appreciation of facts; property, his life, and everything that life holds Rod in the reception room, your uniformly kind dear. And we would willingly believe that the and courteous greetings.

fame won by an upright and able judge is equalWith the hope that your life in the future may ly honorable and dignified with that which can be as useful as it has been in the past, and that anywhere be won by faithful public service. the ties of personal friendship which now bind Conscious of the purity and ability of Mr. Justice Davis in the great task which he has been Resolved, That they desire to record their bigth heretofore called upon to perform, the Bar have sense of the learning, ability, love of justice and desired to place upon record their sense of obli- fearless independence which he brought to the gation to him, and to express their anxiety that discharge of his judicial duties, and their gratehis large capacity for service may prove equal-ful appreciation of the courtesy which he haly agreeable to himself and useful to our coun- bitually extended to them. try, where he has deemed it his duty to trans- Resolved, That the chairman of the meeting fer it.

be requested to communicate these resolutions to I offer, may it please Your Honors, the fol- Judge Davis, and that the Attorney-General be lowing

requested to present them to the Court, and ask Resolutions :

that they may be entered upon its minutes. Resolved, That the members of the Bar of the Mr. Chief Justice Waite responded and die Supreme Court of the United States have learn- rected that the remarks of the Attorney-General ed with deep regret of the resignation of Mr. together with the resolutions of the Bar be con Justice Dario

terod apon the minuten



VOLUMES 94, 95, 96, 97.

A. Ackley, Chicago, M. & St. P. R. R. Co. v. Adams v. Nashville... Etna los. Co. v. Boon. Etoa Life Ins. Co. v. France. Agnese, T'he, v. Curtis.. Alabama, Boyd v... Alexandria, City Council of, v. Fairfax. Allis v. N. W. Mut. L. Ins. Co.. Allore v. Jewell. Alvord, Davis v.. Alrord v. United States. American Bridge Co. v. Heidelbach. American Emigrant Co. v. County of

Wright Ames y. Quimby. Amory v. Amory, Exr.. Anderson, McMillen v.... Anderson, Terry v.... Anthony, Comr. v. Bk. of Commerce of

Avery, Exr., The Wapata v..
Arnson, Murphy, Coll. v....
Arthur, Coll., Davies v....
Arthur, Coll. v. Davies.
Arthur, Coll. v. Goddard.
Arthur, Coll. v. Herman.
Arthur, Coll. v. Homer.
Arthur, Coll. v. Lahey.
Arthur, Coll. v. Moller..
Arthur, Coll. v. Morrison.
Arthur, Coll., Movius v..
Arthur, Coll. v. Rheims.
Arthur, Coll. v. Stepliani.
Arthur, Coll. v. Sussfield.
Arthur, Coll. v. Unkart.
Arthur, Coll. v. Zimmerman.
Ashcroft v. Boston & L. R. R. Co.....
Atebison, T. &. S. F. R. R. Co., United

States v....
Atberton, Exr, v. Fowler.
Atlantic Delaine Co. v. James, Admrx..
Atlantic & P. R. R. Co. v. Hopkins.

Babbitt. United States v...
Baird, Exr. v. United States.
Baker, N. J. Mut. L. Ins. Co. v..
Balt. & Potomac R. R. Co. v. Jones.
"Bank of Commerce, Commissioners v."..
Bank of Commerce of Ricbmond, Anthony,

Comr. v.
Bank, Eliot Nat., Hayward v..
Bank, Farmers & Mech. Nat., Hill v..
Bank, First Nat. of Cin. v. Cook...

B. 99 Bank, First Nat. of Kansas City, v. Hart. 369 F. Ins. Co.....

583 395 Bank, First Nat. of Monmouth, Grant, 287 Assignee v..

971 890 Bank, First Nat. of N. Y. v. Shoemaker, 1100 302 Bank, First Nat. of Omaha, v. Omaha... 881 583 Bank, First Nat. of Washington v. Whit1008 man, Admr..

229 260 Bank, Louisiana Nat., Selma & Meridian 283 R. R. Co. V.....

32 414 | Bank, Mech. Nat. of Trenton, Nat. Bk. 144 of N. Y. City v......

176 Bank, Merch. Nat. of Cin. v. Cook, Trustee, 412 912 Bank, Metrop. Nat. of N. Y. v. Conn. Mut. 035 L. Ils. Co....

1011 428 Bank, Nat. of N. Y. City v. Mech. Nat. 335 Bk. of Trenton..

176 365 Bank, Nat. Park of N. Y., Casey, Receiver V.......

789 1060 Bank, Nat. Sav. of Dist. of Col., Hunt461 ington, Admrx. V..

777 773 Bank, Rocky Mountain Nat., Union Gold 758 Min. Co. v..

648 810 | Bank, State Nat. of Boston, United States 814 V.

647 812

Bank, State Nat. of Keokuk, Pitts. L. & 811 C. Works V.....

270 706

Bank, Tenth Nat. of N. Y. V. Warren, 1046 Assignee

640 764 Bank, Union Nat. of Pittsburgh, Wheel420

833 813 Bank, Warren County v...

982 771

Bank, West Phila. v. Dickson, Assignee, 407 772

Bank, West St. Louis Sav. v. Parmalee, 490 768

Barnes, Comrs. of Leavenworth Co. V..... 63 770 Barnes, San Antonio v....

818 982 Barney v. City of Keokuk.

224 Barney v. Dolph..

1063 757 Bartlett, Biirdette v....

534 732 Bates v. Clark .

471 112 Bates County v. Winters.

933 48 Beall y. White..

173 Beard v. Burts.

485 480 Beasley, Township of Burlington v.. 161 703 | Beckwith v. Talbot...

496 268 Beecher, Assignee, Clark v...

705 506 Beecher, Exrx. v. Wetherby.

440 1000 | Benner, Van Norden v.....

247 Bergdoll v. Pollock, Coll..

512 1060 Bill, Trustee, Shaw v...

333 855 Bissell v. Heyward...

678 1051 Bissell, Meister, Exrx. V...

826 916 | Blake, Howland V..




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C. Blake v. Robertson... 245 “Cawood Patent”.

238 Blake, Winona & St. P. R. R. Co. v.. 99 Cease, Robertson V....

1057 Blanchard, Gray v...

1108 Centennial Board of Fin., Eyster, Asst. Bliss, The Margaret v..

Treas., V......

188 Blount v. Windley.

424 Cent. Col. Improv't Co. v. Comrs. of Pueblo Board of Co. Coinrs. of Dodge Co. v.


495 Chandler 625 Central R. R. Co. of Ia., Sage v..

641 Board of Co. Comrs. of Douglas Co. v. Chaboya v. Umbarger..

893 Bolles

46 Chandler, Comrs. of Dodge County v.. 625 Board of Co. Comrs. of Johnson Co. v. Charleston, Jenkins v.....

764 January 110 Charleston, Murray v..

760 Board of Co. Comrs. of Johnson Co. v.

Charter Oak Life Ins. Co. v. Rodel.

433 Thayer 133 Chase, Bowen v.....

184 Board of Co. Comrs. of Leavenworth Co. Chesapeake & Ohio Can. Co., Corcoran v. 190 v. Barnes....

63 Chesapeake & Ohio Can. Co., Mackall v. 161 Board of Co. Comrs. of Marion Co. v. Chesapeake & Ohio R. R. Co. v. Virginia 310 Clark

59 Chicago & Alton R. R. Co., Morgan v.... 743 Bolles, Comrs. of Douglas County v.. 46 Chicago & Alton R. R. Co v. Turrill. 238 Bolton, Van Reynegan v...

351 Chicago B. & Q. R. R. Co. v. Cutts, AttyBonnafon, United States v.. 907 Gen.

94 Boon, Ætna Ins. Co. v...... 395 "C. B. & Q. R. R. Co. v. Iowa".

94 Boston Beer Company v. Massachusetts, 989 Chicago, B. & Q. R. R. Co. v. Turrill... 238 Boston & L. R. R. Co., Ashcroft v.... 982 Chicago, M. & St. P. R. R. Co. v. Ackley 99 Bostwick, Admrx., v. United States. 65 Chicago & N. W. Ry. Co., Peik v...

97 Bowen v. Chase...

184 Chicago & N. W. Ry. Co. v. Sayles. 1053 Boyd v. Alabama..

302 Chicago, R. I. & P. R. R. Co. v. Houston 542 Brame, Mobile Life Ins. Co. v.. 580 Chilson, United States v.......

118 Brawley v. United States... 622 Chorpenning v. United States.

126 Bridge Co., American, v. Heidelbach. 144 Chouteau v. United States.

371 Bridge Co. v. Iron Co.... 344 Chubb v. Upton, Assignee.

523 Briggs, Davie, v..... 1086 City of Hartford, The, v. Rideout.

930 “Briges v. Sperry". 390 City of Hartford, The, v. Robinson.

930 Brine v. Hartford F. Ins. Co.. 838 Claflin, United States v..

1082 Bringier v. United States.. 952 Clampitt, Kerr V.....

493 Brooklyn Life Ins. Co. v. Dutcher. 410 Clapp, Coll., v. Mason.

212 Brown v. Buena Vista County. 422 Clark, Bates V.......

471 Brown, City of Memphis v.. .244, 924 Clark v. Beecher, Assignee.

705 Brown, Davis, Receiver, V.... 204 Clark, Coll., Keith v...

1071 Brown v. Spofford. 508 Clark, Comrs. of Marion County v..

59 Bruffy, Admr., Williams v.....

716 Clark County Court, United States v. 545, 628 “Brune's Assignee, Insurance Company Clark, Jefferson City Gas Light Co. V.... 521 v." 737 Clark v. Hancock.

146 Buena Vista County, Brown v.. 422 "Clark, Neal v."..

586 Buffington v. Harvey, Assignee. 381 “Clark, New Orleans v.".

521 Bugbey, Natoma Water & Mining Co.... 621 Clark v. United States..

518 Burbank v. Conrad. 731 Clark, United States v..

. 67, 696 Burdette v. Bartlett. 534 Cochrane v. Deener..

139, 514 Burgess, Coll., v. Salmon.. 1104 Coddington, Hatch 1.....

339 Burkhardt, Laflin & Rand Powder Co. v. 973 Coleman, Mcllrath, Receiver, etc., V...... 102 Burlington, Township of, v. Beasley... 161 Coleman, Nimick v....

447 Burnstine, Conn. Gen. L. Ins. Co. v.. 706 Coleman v. Tennessee.

1118 Burts, Beard v...... 485 “Collector, Railroad Company v.'

825 Butler, Herbert V..... 958 Collins v. Gilbert....

170 Butler, Thompson V...

540 “Colorado Company v. Commissioners". 495 Butler, Yeatman v.....

591 “Commissioners v. Bank of Commerce".. 1060

"Commissioners, Colorado Company v.". 405 C.

Commissioners of Dodge Co. v. Chandler 625 Cairo & Fulton R. R. Co. v. Hecht..... 423 Commissioners of Douglas Co. v. Bolles... 46 Calhoun, Kelly v...

544 Commissioners of Johnson County v. JanCalifornia, People of, Hagar v...


110 Cambuston, Exrx., v. United States. 448 Commissioners of Johnson Co. v. Thayer 133 Cammeyer v. Newton.

72 Commissioners of Leavenworth Co. v. Campbell, Corry v....


63 Casey, Receiver, v. Cavaroc.

779 Commissioners of Marion Co. v. Clark. 59 Casey, Receiver, v. Galli..

168, 307 Commissioners of Taxes etc., People of N. Casey, Receiver, v. Nat. Park Bk. of N. Y. 789

164 Casey, Receiver, v. Schneider, Exrx.. 790 Connecticut Gen. L. Ins. Co. v. Burnstine 708 Casey, Receiver, v. Schuchardt.

790 Continental Improvement Co. v. Stead.... 403 Cass County v. Johnston.

416 Connecticut Mut. L. Ins. Co., Metrop. Nat. Cass County v. Jordan. 419 Bk. of N. Y. V....

1011 Cass County v. Shores.

419 Connecticut Mut. L. Ins. Co. v. Schaefer 251 Cavarac, Casey, Receiver, V...

779 Connecticut Mut. L. Ins. Co. v. Schwenk 294

Y. v.

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