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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, his resignation of his 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 cioses 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 giving 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 bave 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 have been numbered with the dead. I take him in the chamber where he has so long listengreat satisfaction in the reflection that my re-ed 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 ac

March 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 immortal. fifteen 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 glohave 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 his judgment and your just appreciation of facts ; property, his life, and everything that life holds and 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 friendsbip which now bind Conscious of the purity and ability of Mr. Jus

tice 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 bim, 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 Waito 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 Darle

tered upon the minuten.



VOLUMES 94, 95, 96, 97.


Ackley, Chicago, M. & St. P. R. R. Co. v. 99 | Bank, First Nat. of Kansas City, v. Hart.
Adams v. Nashville...
369 F. Ins. Co....

583 Etna Ins. Co. v. Boon..

395 Bank, First Nat. of Monmouth, Grant, Etna Life Ins. Co. v. France. 287 Assignee v..

971 Agnese, The, v. Curtis..

890 Bank, First Nat. of N. Y. v. Shoemaker, 1100 Alabama, Boyd v..

302 Bank, First Nat, of Omaha, v. Omaha... 881 Alexandria, City Council of, v. Fairfax. 583 Bank, First Nat. of Washington v. WhitAllis v. N. W. Mut. L. Ins. Co..

man, Admr..

229 Allore v. Jewell.

260 Bank, Louisiana Nat., Selma & Meridian Alvord. Davis V.. 283 R. R. Co. v..

32 Alrord v. United States..

414 | Bank, Mech. Nat. of Trenton, Nat. Bk. American Bridge Co. v. Heidelbach.. 144 of N. Y. City v..

176 American Emigrant Co. v. County of Bank, Merch. Nat. of Cin, v. Cook, Trustee, 412 Wright

912 Bank, Metrop. Nat. of N. Y. v. Conn. Mut. Ames v. Quimby..

L. Ius. Co..

1011 Amory v. Amory, Exr..

428 Bank, Nat. of N. Y. City v. Mech. Nat. Anderson, McMillen v....

Bk. of Trenton...

176 Anderson, Terry V.....

365 Bank, Nat. Park of N. Y., Casey, ReAnthony, Comr. v. Bk. of Commerce of

ceiver y.....

789 Richmond

1060 Bank, Nat. Sav. of Dist. of Col., HuntAvery, Exr., The Wapata v..

ington, Admrx. v..

777 Arnson, Murphy, Coll. v...

773 Bank, Rocky Mountain Nat., Union Gold Arthur, Coll., Davies v... 758 Min. Co. V.....

648 Arthur, Coll. v. Davies.

810 Bank, State Nat. of Boston, United States Artbur, Coll. v. Goddard.


647 Arthur, Coll. v. Herman.

812 Bank, State Nat. of Keokuk, Pitts. L. & Arthur, Coll. v. Homer.

C. Works v....

270 Arthur, Coll. v. Lahey.

766 Bank, Tenth Nat. of N. Y. V. Warren, Arthur, Coll. v. Moller..


640 Arthur, Coll. v. Morrison.

764 Bank, Union Nat. of Pittsburgh, WheelArthur, Coll., Movius v..

er v.....

833 Arthur, Coll. v. Rheims. 813 Bank, Warren County v....

982 Arthur, Coll. y. Stephani.


Bank, West Phila. v. Dickson, Assignee, 407 Arthur, Coll. v. Sussfield.


Bank, West St. Louis Sav. v. Parmalee, 490 Arthur, Coll. v. Unkart...

768 Barnes, Comrs. of Leavenworth Co. v.. 63 Arthur, Coll. v. Zimmerman.

Barnes, San Antonio v...

818 Ashcroft v. Boston & L. R. R. Co... 982 Barney v. City of Keokuk.

224 Atchison, T. & S. F. R. R. Co., United

Barney v. Dolph..

1063 States v.....

Bartlett, Burdette v.....

534 Atherton, Exr. v. Fowler.

Bates v. Clark .....

471 Atlantic Delaine Co. v. James, Admrx.. 112

933 Atlantic & P. R. R. Co. v. Hopkins...

Bates County v. Winters.
Beall y. White.....

Beard v. Burts.

485 Babbitt, United States v..

480 | Beasley, Township of Burlington v.. 161 Baird, Exr. v. United States.. 703 Beckwith v. Talbot....

496 Baker, N. J. Mut. L. Ins. Co. v.. 268 Beecher, Assignee, Clark v..

705 Balt. & Potomac R. R. Co. v. Jones. 506 Beecher, Exrx. v. Wetherby.

440 "Bank of Commerce, Commissioners v.".. 1060 Benner, Van Norden v...

247 Bapk of Commerce of Richmond, Anthony, Bergdoll v. Pollock, Coll..

512 Comr. v. 1060 Bill, Trustee, Shaw v..

333 Bank, Eliot Nat., Hayward v. 855 Bissell v. Heyward.

678 Bank, Farmers & Mech. Nat., Hill v.. 1051 Bissell, Meister, Exrx. v.

826 Bapk, First Nat. of Cin. v. Cook. 916 | Blake, Howland v......




O. Bl>ke 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.... 146 Treas.,

188 Blount v. Windley....

424 Cent. Col. Improv't Co. v. Comrs. of Pueblo Board of Co. Coirs. 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 y...

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... 521 737 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 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 v...

339 Burkhardt, Laflin & Rand Powder Co. v. 973 Coleman, McIlrath, 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. Campbell, Corry v... 926 Barnes

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

Y. v.

164 Casey, Receiver, v. Schneider, Exrx.. 790 Connecticut Gen. L. Ins. Co. v. Burnstine 706 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

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