UNITED STATES REPORTS VOLUME 394 CASES ADJUDGED IN THE SUPREME COURT AT OCTOBER TERM, 1968 Opinions of March 3 (Concluded) Through May 12,1969 Orders of March 10 Through May 12, 1969 HENRY PUTZEL, jr. REPORTER OF DECISIONS UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1969 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 - Price $9 (Buckram) Errata. 20 Wall. 375 (title) and p. xx, lines 12 from top and 8 from bottom: “Ferris” should be “Perris.” 100 U. S. xni, line 10: “Kirkland” should be “Kirtland.” 101 U. S. x, lines 21 from top and 3 from bottom; and p. xm, line 22 from top: “Douglas” should be “Douglass.” 102 U. S. xn, line 11 from bottom; p. xv, line 19 from top; and p. 739, line 4 from top: “Tait” should be “Tate.” 103 U. S. xv, line 8 from bottom; p. xx, line 6 from top; and p. 851, line 4 from bottom: “Barber” should be “Barbour.” 237 U. S. 580, third line below title of case: “1914” should be “1915.” 237 U. S. 726, line 18 from bottom: “Troop” should be “Toop.” 365 U. S. 263, line 3 of footnote: “(1865)” should be “(1866).” 386 U. S. 969, date line under heading “ORDERS”: “March 13, 1967” should be “March 13, 20, 1967,” and the following should appear below the last entry on the page: “March 20, 1967. “Miscellaneous Orders. “No. 1040. Quinault Tribe of Indians v. Gallagher, Sheriff, et al. C. A. 9th Cir. The Solicitor General is invited to file a brief expressing the views of the United States.” 'i n JUSTICES OF THE SUPREME COURT DURING THE TIME OF THESE REPORTS. EARL WARREN, Chief Justice. HUGO L. BLACK, Associate Justice. WILLIAM 0. DOUGLAS, Associate Justice. JOHN M. HARLAN, Associate Justice. WILLIAM J. BRENNAN, Jr., Associate Justice. POTTER STEWART, Associate Justice. BYRON R. WHITE, Associate Justice. ABE FORT AS, Associate Justice. THURGOOD MARSHALL, Associate Justice. retired. STANLEY REED, Associate Justice. TOM C. CLARK, Associate Justice. JOHN N. MITCHELL, Attorney General. ERWIN N. GRISWOLD, Solicitor General. JOHN F. DAVIS, Clerk. HENRY PUTZEL, jr., Reporter of Decisions. T. PERRY LIPPITT, Marshal. HENRY CHARLES HALLAM, Jr., Librarian. hi 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, Abe Fortas, 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, Thurgood Marshall, 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. October 9, 1967. (For next previous allotment, see 382 U. S., p. v.) IV DEATH OF GENERAL DWIGHT D. EISENHOWER. Supreme Court of the United States. MONDAY, MARCH 31, 1969. Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice White, Mr. Justice Fortas, and Mr. Justice Marshall. The Chief Justice said: The Court meets this morning for the sole purpose of paying tribute to the memory of Dwight D. Eisenhower, the thirty-fourth President of the United States. The passing of General Dwight D. Eisenhower closes an illustrious chapter of world history. His accomplishments in war and peace distinguish him as one of the great men of this century. As Supreme Military Commander of the forces of the free world during the greatest crisis in world history, he made possible one more opportunity for honorable and lasting universal peace. As a civilian statesman, his dedication was to that cause, and as President of the United States that became his preoccupation. He was a civilian at heart and espoused the simple virtues of American life. He was generous in spirit and action and endowed with a cheerful and understanding nature that endeared him to people everywhere without regard to politics or divisive issues. General Eisenhower’s passing will be mourned by people of good will throughout the world. Out of respect for his memory, the Court will stand adjourned until ten o’clock tomorrow morning. v TRIBUTE TO MR. JUSTICE DOUGLAS. Supreme Court of the United States. MONDAY, APRIL 21, 1969. Present: Mr. Chief Justice Warren, Mr. Justice Black, Mr. Justice Douglas, Mr. Justice Harlan, Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice White, Mr. Justice Fortas, and Mr. Justice Marshall. The Chief Justice said: We will pause a moment to record orally the passing of a notable event in the history of the Court. Since our last session, Mr. Justice Douglas passed an important milestone in his judicial career. On April 17th, he completed thirty years of distinguished service on this Court. Only nine others in the long history of the Court have achieved that distinction—John Marshall, Bushrod Washington, Joseph Story, William Johnson, John McLean, James M. Wayne, Stephen J. Field, John M. Harlan, and Hugo L. Black. Of these 10, only Justice Douglas and Justice Black were appointed in this century. When Justice Douglas came to the Court, Volume 306 of the United States Reports was being written. We are now working on Volume 394, which indicates his work is to be found in almost one-fourth of all the Volumes of our Reports. He has written on almost every conceivable issue, and in this dynamic era he has contributed greatly to the jurisprudence of the Court. We wish him years of continued success and happiness in his service to the Court. VII TABLE OF CASES REPORTED Note: All undesignated references herein to the United States Code are to the 1964 edition. Cases reported before page 901 are those decided with opinions of the Court or decisions per curiam. Cases reported on page 901 et seq. are those in which orders were entered. Page Aadal v. United States................................... 1008 Abex Corp. v. New York, N. H. & H. R. Co. Trustees...... 999 Abney; Evans v........................................... 1012 Abrams v. Wiethe........................................... 213 Aceves v. California....................................... 946 Acuff v. Papermakers & Paperworkers........................ 987 Adams, In re.............................................. 956 Adams v. Brenner.......................................... 965 Adams v. Cameron.......................................... 948 Adickes v. S. H. Kress & Co.............................. 1011 Aetna Casualty