xt7msb3wtd0h_22 https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/mets.xml https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/72m2.dao.xml unknown 166 Cubic Feet 381 document boxes, seven textile items, three map folders, one artwork archival material 72m2 English University of Kentucky The physical rights to the materials in this collection are held by the University of Kentucky Special Collections Research Center. Contact the Special Collections Research Center for information regarding rights and use of this collection. Frederick Moore Vinson papers Economic stabilization. Elections -- United States -- Congresses. Judges -- Correspondence. Judges -- United States. Judicial opinions Judicial process -- United States Legislators -- Correspondence. New Deal, 1933-1939. World War, 1914-1918 -- Veterans. World War, 1939-1945. Conference - general text Conference - general 2019 https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/72m2/Box_164/Folder_8/Multipage2746.pdf 1946-1949 1949 1946-1949 section false xt7msb3wtd0h_22 xt7msb3wtd0h V'LS' ‘ PI BL ISHI\(I ( ()\IP\VY'

IA 4"“- I; () () Ii S REPORTERS AND DIGESTS

HOMER P CLARK. u ‘
HENRY In ASMUS::N. E 1,.5‘ STATE 8. FEDERAL UNITS
W 2AM , ., w. A e v - ~ U scone ANNOTATED
:Hmis was t _ _ _ 0 KEY NUHBERSYSTEH aggggATED STATE sTATUTEs
HA—VOLD W SCHWARTEN - ‘19— ”5' _‘ AND PHRASES
CYCLOPEDIAS AND LEGAL TEXTS
LAW SCHOOL BOOKS:DICTIONARIES

AARVEY T.REIDEDITORIA:‘:;73= 1N rH-:.— ‘I ~r_‘ ) n .9 ‘ ~. v v-- V x 5v
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wENQVJ.EF’ANDT,
JAMES C.CAH‘LL.
WAYNEA.DAWES,
:‘liLLlAMJ.MiLLSI
LAFAYETTE S.MERCER, 5-:

June 27, 1946

Hon. Fred M. Vinson
Chief Justice, Supreme Court of the

United States
Washington, D. C.

Dear Mr. Chief Justice Vinson:

We are pleased to note your up ointment and confirmation as Chief
Justice of the United States. Please accept our congratulations.

The opinions of the United States Supreme Court are published by us
in the Supreme Court Reporter, first in advance sheets each two weeks during
the term of the court and subsequently in a single bound volume for the term.

We expend every possible effort to make an entirely accurate report
of the court's Opinions and will appreciate your cooperation with us in having
your secretary advise us of any errors made and also any changes or corrections
which may be desired made in your Opinions, so that they will be published in
the permanent bound volume edition exactly as you desire them.

The Federal Reporter and the Federal Supplement, published by us, are the
official organs in which are published United States Circuit Court of Appeals
and United States District Court opinions. Also, there are included the
opinions of the United States Court of Customs and Patent Appeals, United

f States Court of Appeals for the District of Columbia and the Court of Claims.

5 We enjoy the no at cordial cooperation with all the members of the
judiciary whose opinions we publish in the matter of securing complete accuracy,

gand hence we are accustomed to evidence our apprecistion by furnishing with our

.5 compliments the advance sheets and the bound volumes, as issued, of the United

f States Supreme Court Reporter, Fedexal Reporter, Federal Supplement and the

2 Federal Rules Decisions.
;;

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Therefore, we will be pleased to have you accept these with our
compliments, for your personal use. Will you please advise us as to the address

to which you desire the books sent?

With high personal regards, we are
Very truly yours,

WEST PUBLISHING CO.

By ﬁKf i)

Editorial Cetnsel

HOMER P C_ARK.

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KEY NUMBER SYSTEM

REPORTERS AND DTGESTS

STATE 8‘ FEDERAL UNITS
U S.CODE ANNOTATED
ANNOTATED STATE STATUTES
WORDS AND PHRASES
CYCLOPEDTAS AND LEGAL TEXTS
LAW SCHOOL BOOKSZDICTTONARIES

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TENTATIVE PROGRAM FOR THE COURT SESSION

Monday, October 7th.

Announcement of the appointment of the Chief Justice
and direction that his Commission and oaths

be recorded will be made by Mr. Justice Black.

The Chief Justice will make an announcement re-

specting the death of Mr. Justice McReynolds.

The Chief Justice will ask for admissions to the
Bar. (List of names of candidates and their
sponsors will be placed on the Chief Justice's
desk. From a duplicate list, the Clerk will
call the names of the candidates.) Where a
sponsor has more than one candidate, the
names will be called for a single motion.

When each motion is made, the Chief Justice
will direct the candidate to pass to the

Clerk's desk and take the oath.

The Chief Justice will ask the Bar "Are there any

motions?"

The Chief Justice will ask the Clerk for motions.
(There are 2. Motion by petitioner to dis-
miss the petition for certiorari in No. 2A6,
and Motion by Appellants to dismiss the appeal
in No. th. These both are pro forma and
should be granted. The usual form would be
for the Chief Justice in each instance to

say: "Let it be dismissed.")

The Chief Justice will nod to the Cryer indicating
that adjournment until Monday, October lhth,

is to be announced by the Cryer.

- Cropley, Clerk.

(M)

TENTATIVE PROGRAM FOR THE COURT SESSION

1. ORDER LIST.
1mg the
headingo

Monday, October lath,

If the Chief Juetioe adopts the custom of read-
are ouriam Opinions (List pages 1 and 2), the
one can be omitted and the Court's

action summarized for oral announcement thusal

(A) Hoe. 213)
211)
212)
276

296

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(B) Nos. 518
338
57h
nah

(G) No; 220

The motions to affirm
are granted and the 4
judgments are affirmeds

on authorities cited.

The motions to dismiss
are granted and the

appeals are dismissed,

on authorities cited.

.1.» , . “17"?" - VM"

Read 1R full.

ﬁx:2::;5§3 The Chief Justice will then atete~ “The other orders

of the Court appear upon the list certified by the Chief
Justice and filed with the Clerk and will not be an-
nounced orally.“

2. The Chief Justice will then call for admissions to the Bar.

3. The chief Justice will inquire if there are any motions
from the Bar.

A. The Chief Justice will ask the-Clerk for motions.

5, THE-CALL. The Chief Justice will'call by number and title

, the ten eases appearing on the day call, pausing after
each case to permit the Clerk to respond respecting the
status of the case. At the conclusion of the call, the
Chief Justice will again call the first case and the
Clerk will report ”Counsel are present“. Argument of
the case will then proceed.

6. At the conclusion of argument of any case, the Chief
Justice will call the following case on the list by
number and title and the presence of counsel will be
reported by the Clerk.

- CROPLEY, Clerk.

ootober 1h, 19h6.

APPLICANTS FOR ADMISSION, OCTOBER 1A, 19%.

SPONSORS

WILLIAM E. WATKINS

JOHN J. MC SHANE

WILBUR DUBERSTEIN

WILLIAM J. NEALE

CHARLES HENRY QUIMBY, III

WALKER W. LOWRY

HENRY J. LONGEELLOW

CLARENCE 0. MC KAY

RICHARD f. WHITELEY

FRANK H. MYERS

CHARLES P. SWINDLER

THOMAS L. MEAD, JR.

WILLIAM F. SCHARNIKOW

EUGENE H. BeHAGE

CHARLES M. DAVISON, JR.

EDWARD S. DUVALL, JR.

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CHAMBERS OF

THE CHIEF JUSTICE

November 25th, 1947.

ngORANDUM
FOR: The Members of the Court.

FROM: The Chief Justicee

The Court has been invited to visit the
Freedom Train, joining the President and the Cabinet,
on Friday, November 28th, at 11:00 AM.

Please advise whether you can be on hand or

ice.

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Justice Rutledge....
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CHAMBERS OF

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FIFTIETH ANNIVERSARY
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of Cuba.

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Upon the Occasion Of the

F iftieth Annivarsary
Of the Liberation Of Cuba

7896’ * fﬁéoo

AT A JOINT SESSION OF CONGRESS
IN THE
HOUSE OF REPRESENTATIVES
AT

TWELVE O’CLOOK NOON

Washington, D. C. * April 19th, 1948

The Joint Committee on Arrangements

EDWARD MARTIN, Chairman

For the Senate

EDWARD MARTIN

of Pennsylvania

C. 'WAYLAND BROOKS
of Illinois

TOM CONNALLY

of Texas

THEODORE FRANCIS GREEN
of Rhode leand

For the Home

EARL C. MICHENER

of AIIz'chigan

JAMES E. VAN ZANDT

of Pennxylvania

BERNARD W. KEARNEY

of New York

THOMAS J. LANE

of I'Ifasxac/zusctls

Summary of Events Which led to the Passage by the
Congress of the United States of a joint Resolution,
April I9, 1898, recognizing the right of the people of
Cuba to be free and independent. ﬁr ii? if?

UBA’S struggle for liberation from Spanish rule, which was
led by Jose Marti and other outstanding Cuban patriots,
aroused widespread sympathy from the people of the United
States. After three years of Cuban insurrection against the
Spanish colonial administration, conditions on the island early in
1898 had deteriorated to such an extent that it seemed almost
inevitable that United States neutrality could no longer be main-
tained. The sinking of the United States battleship Maine in
Habana harbor on February I5 under mysterious circumstances,
had the effect of crystallizing sentiment in the United States in
favor of joining forces with the Cuban patriots in achieving their
aspirations for self-rule. Further developments prompted the
Congress of the United States to pass a joint resolution which
reads in part as follows:

(a) “. . . That the people of the Island of Cuba are, and of
right ought to be, free and independent”

(b) “. . . That the United States hereby disclaims any disposi-
tion or intention to exercise sovereignty, jurisdiction or
control over said Island except for the paciﬁcation thereof,
and asserts its determination when that is accomplished,
to leave the government and control of the Island to its
people.”

A formal declaration of war was made against Spain on April
25, 1898, and four months later, as United States forces strove
side by side with the valiant Cuban patriots for the liberation of
the island, Spain sought peace. A treaty with Spain which was
concluded at Paris on December 10, 1898, formally terminated
Spanish rule in Cuba.

[2]

The Program for the Joint Session

PRELUDE—United States Marine Band Orchestra,
Major William F. Santelmann, Leader.

PRESIDING OFFICER——
The Speaker, Honorable Joseph W. Martin, Jr.

Medley of Songs of the Spanish—American War Period.
Presenting the Colors.

INVOCATION—Rev. James Shera Montgomery, D. D.,
The Chaplain of the House of Representatives.

READING OF JOINT RESOLUTION—
The Honorable Edward Martin, Chairman,

7oint Committee on Arrangements.

The National Anthem of the Republic of Cuba,
.Miss Emma Otero.

ADDRESS—The President of the United States.
RESPONSE—His Excellency Guillermo Belt, Ambassador of Cuba.

The National Anthem of the United States,
Miss Hollace Shaw, Columbia Concerts.

BENEDICTION—Very Rev. Ignatius Smith, 0. P.,
Dean of School of Philosophy, C. U.

Retiring of the Colors.

The guests in the galleries will remain in their seats until the
President of the United States and the other guests have retired.

[3]

Order of Arrangements and Program

ADMISSION

The House Wing of the Capitol will remain closed on the
morning of the 19th day of April 1948 until 10 o’clock a. m.,
to all persons except Members, ofﬁcers, and employees of the
Congress.

At 10 o’clock a. m. the House Wing of the Capitol will be
open to those to whom invitations have been extended under
the concurrent resolution of Congress and to those who hold
tickets of admission issued by the Doorkeeper of the House of
Representatives under the direction of the Joint Committee on
Arrangements.

The United States Marine Band Orchestra, under the direction
of Major William F. Santelrnann, will be in attendance at 1 1
o’clock a. m. in the Speaker’s Lobby.

TIME OF CONVENING

The Senate and the House of Representatives will convene in
their respective chambers not later than 11:30 o’clock a. m. on
Monday, April 19, 1948.

RECEPTION ROOMS

The President of the United States and the members of his
Cabinet will meet in the ofﬁce of the Speaker of the House.

The Chief Justice and Associate Justices of the Supreme Court
will meet at 1 1:30 o’clock in the Ways and Means Committee
room, number P15, in the House side of the Capitol.

The Ambassadors, Ministers, and Chargés d’AfTaires will meet
at 11 :30 o’clock in the Committee on Appropriations room, num-
ber P3, on the principal ﬂoor of the Capitol.

[5]

The General of the Armies, the Chief of Staff to the Com—
mander in Chief, the Chief of Staff of the Air Force, the Chief
of Naval Operations, the Chief of Staff of the Army, the Com-
mandant of the Marine Corps, and the Commandant of the
Coast Guard will meet at 11:30 o’clock a. m. in the Ways and
Means Committee room, number P15, in the Capitol.

The Commander in Chief of the United Spanish-American
War Veterans and staff will meet at 11:30 o’clock a. m. in the
Ways and Means Committee room, number P15, in the Capitol.

SEATING

The guests of the Congress who have admission cards for the
galleries are requested to occupy their seats before 11 :45 o’clock
a. m.

Representatives in Congress will occupy the seats on the east
and west side of the main aisle in the rear of the Members of the
Senate.

The following ofﬁcials and guests of honor will be announced
by the Doorkeeper and escorted to the seats assigned to them, in
the following order:

The Senators will occupy seats in front of the Representatives
on the east and west side of the main aisle.

The Chief Justice and Associate Justices of the Supreme Court
will occupy seats on the right of the rostrum.

The Ambassadors, Ministers, and Chargés d’Affaires of foreign
governments will occupy seats assigned them on the floor.

Members of the President’s Cabinet will occupy seats in front
of and on the left of the rostrum.

The General of the Armies, the Chief of Staff to the Com-
mander in Chief, the Chief of Staff of the Air Force, the
Chief of Naval Operations, the Chief of Staff of the Army, the
Commandant of the Marine Corps, and the Commandant of the
Coast Guard will occupy the seats assigned them on the floor.

[6]

The Commander in Chief of the United Spanish-American
War Veterans and staff will occupy seats assigned them on the
ﬂoor.

The Members of the Committee on Arrangements will occupy
the seats provided for them on the floor.

The President Pro Tempore of the Senate will occupy a chair
to the left of the Speaker.

The Speaker of the House will preside and will occupy a seat
to the right of the President Pro Tempore of the Senate.

The Secretary of the Senate and the Clerk of the House will
occupy seats assigned them on the ﬂoor.

The President of the United States escorted by the Joint Com-
mittee on Arrangements.

RETIREMENT

The Speaker of the House of Representatives will then declare
the joint session dissolved. The assemblage will kindly remain
seated until the distinguished guests have retired.

The Joint Congressional Committee on Arrangements will
escort the President of the United States and the members of
his Cabinet from the Hall of the House.

The Doorkeeper will escort the invited guests from the Hall
of the House in the following order:

The Chief Justice and the Associate Justices of the Supreme
Court of the United States.

The Ambassadors and the Ministers of foreign governments.

The General of the Armies, the Chief of Staff of the Com-
mander in Chief, the Chief of Staff of the Air Force, the
Chief of Naval Operations, the Chief of Staff of the Army, the
Commandant of the Marine Corps, and the Commandant of the
Coast Guard.

The Commander in Chief of the United Spanish‘American
War Veterans and other invited guests.

[7]

Upon the retirement of the guests, the Senate will return to
its Chamber.

The House of Representatives will resume its regular session.

At the conclusion of the program the guests in the galleries are
requested to retain their seats until the President of the United
States and the other guests have retired.

Q)ffiu‘ of the Alien-51ml,
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lllatslginghmjl U: R EC E, VED

M13 H 28 AH ’48

w; :;~'CHA?JIBERSOFWE
* ”“"‘.CHIEFJUSTICE‘

THEW. H.ANDERSON COMPANY

LAW BOOK PUBLISHERS

524- .j‘mz'n :S‘h'cel‘” / E C’l’lzcz’nnuli /. 0/21'0
A

Dayton, Ohio

April 29, 19A8

The Hon. Frederick M. Vinson
Chief Justice

Supreme Court of the United States
Washington, D. C.

Dear Mr. Chief Justice:

My attention has been called to a matter which deeply concerns me
and my company.

I refer to the practice of some of the Justices in citing Throck—
morton‘s Ohio General Code to the exclusion of Page's Annotated Ohio
General Code, Lifetime Edition. See, for example, the recent case of

Winters V. State of New York
68 S.Ct. 665, at page 67A

The opinion was written by Justice Reed, but the reference to
Section 13035 of the Throckmorton Code is in the dissenting opinion by
Justice Frankfurter.

As you know, both Codes are based on the Official Code of 1910 and
the section numbers are identical. Consequently, it is not necessary to
cite either edition by name.

I dislike to bother you with a matter of this kind but it does mean
a lot to us and I am sure you would not want the court to discriminate
against us.

With kind personal regards and best wishes, I am

Very sincerely yours,
THE W. H. ANDERSON COMPANY
cWM/Z/ M «w

H. w. Folger, Chairman

New 21,1916 \

ur- He we F0183”;

The We He M0380!) Guam,
52h ram Street,
Cinchmti 1, Ohio. ~r ‘

Deer Hr. Folger:

. I received your letter or April 29th, relative to the
practice or some of the Justices in citing Throelmorton'e
Ohio General Code to the exclusion of Page's muted 0115.0
General Goa, Lifetime Edition, end cirmkted must the
membere of the Court. .

I feel certain that there is no intent?» dimrheinete,‘ '
andhopetlmt itullnot happen ageing ~

With kind regards, ;

Meade, . ;.(;¢ me ‘x 113-7101;

M:MCH

Supreme Court of the United States;

Memorandum.

35m- ‘Gmferenﬁg this week: Will be held on Fridays,

:Iﬂina-llth.

= The Chief Justice“:

MCKENNEY, FLANNERY & (TRAIGIIILL

11113135 BUILDING,V'Asurxn'rox 3,1)‘(1
FREDERIC D. MCKENNEY

JOHN SPALDlNG FLANNERY
G,EO\NDOLN CRAIGHILL
CAESAR LA‘ELLO

JOHN ELAPSON
A.MURPAY PRESTON
G.BOWDOIN CPA‘GHILL,JR.
LLEWELLYN C.THOMAS

June 22nd, 19489

My dear Mr. Chief Justice:

I am informed by Mr. Waggaman that the Court has
made suitable provision for the display and protection of
the Lincoln Manuscript which I tendered to you sometime ago,
and as I am leaving on June 50th, I have handed Mro Waggaman,
for delivery to you, the original Manuscript, the photographic
negatives which Mr. Krock had made and from which further copies
may be stricken off, and a copy of Mr. Krock‘s article in the
New York Times of February 12th last, which gives an excellent
description of the document and the history of the case in which

it was used.

As I told you, this Manuscript, wholly in the hand-

writing of Abraham Lincoln, is an outline of his argument in

the case of Lewis for use of Longworth vso Lewis, Administrator,
which he argued at the December Term 1848, and in which Chief
Justice Taney rendered the decision on March 15th, 1849. From
an examination of the records of the Court, it appears to have
been the rnzy ergument ever made by Mr. Lincoln in the Supreme
Court. This Manuscript was sent to me by Mrs. Robert To

Lincoln after her husband’s death. I had prepared for him

a deed of gift depositing his father’s papers in the Library

of Congress, but this unique memento of his father he

retained in his own possession0

I also am handing Mr. Waggaman an unusually fine
framed etching, on parchment, of President Lincoln made by
Nuytens, the well known Belgian etcher, from whom I obtained

it some years agoa

I also am delivering to Mr. Waggaman the following
unusual volumes which I hope you will find worthy of pre~
servation in the Supreme Court Library:

10 The ”Doomsday Book" of Mr. Justice Holmes,
presented to me by the late John G. Palfrey, the
Justice's Executor, after we had completed the ad-
ministration of his estate;

2. The original Commonplace Book of Sir Samuel
Romilly, the great English Jurist and Law Reformer;

5. A copy of the third edition of the Reporters
presented by the author, Mr. Wallace, to Judge Green,
of Staunton, Virginia, to Whom it was dedicated, con-
taining Judge Green's revision and original notes used
by Mr. Wallace in the fourth edition, which is bound
with the third. This unusual book came to me from
Mr, William A. Maury, an uncle of Mrs. Flannery, who
for many years was Assistant Attorney General of the
United StateSe

Cordiadi; yours,

Honorable Fred M. Vinson,
Chief Justice of the United States,
Washington, D. C.

JSF:M

NEW YORK TIE‘IES, Fetiruary 1°,

Lincoln’s Clear Legal Mind Shown

By ARTHUR KROCK

Special to Tu: .‘Jew Yum TIMES.

\VASHINGTON. Feb. ll—The
complete text~lntherto unpub-
lished~of notes written in his Own
hand by Abraham Lincoln. to
guide his oral argument in the
only case in which he ever ap—
peared before the Supreme Court
of the United States, is herewith
‘repi'oduced from the original for
publication on the 139th anni-
versary of Lincoln's birth.

The document was lent to THE
NEW YORK TIMES for this purpose
by its owner, J. Spalding Flan-
inery, a distinguished member of
the bar of the District of Columbia.
[t was presented by Mrs Robert
Todd Lincoln, widow of the elder
son of the War President. to Mr.
Flannery, who was her husband’s
personal attorney. and
him the decd of gift whereby the
Lincoln papers. recently opened by
the terms of that deed. were con—
Veyed to the Library of Congress.

It is Mr. Flannery’s purpose to
give the original of this rare docu-

drew for

I
I
l
l

ment to the Chief Justiceof the
United States, Fred M. Vinson, as
part of the historical exhibit
which he hopes the court will
establish in “some safe and suit-
able repository.”

The text. according to the few!
who have inspected it, reveals Lin-
00111 as a lawyer of great skill and
competence, which some biogra-
phers have slighted and some have
denied. ’ ,

The decision of the High Court
was adverse to the cause of the
young Illinois lawyer and was
written by Roger B. Taney, thel
Chief Justice whOSe Dred Scott
decision set in motion a. train of
events that helped greatly to car—
ry Lincoln to the Presidency and
bring on the War Between the
States.

The case Lincoln argued was en-

Continued on Page 4, Column4

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194

NE‘V YORK TIMES. THURSDAY, FEBRUARY 12, 1948.

Rarﬂncoln Data. Show Legal Skill

iR. Cropley. Clerk of the Supreme
ICourt, made a Search with this re-

the first time. Hill was granted

Continued From Page 1

titled Lewis v. Lewis
Court Reports 46-49.

pages 773-

783). His notes show that he iii-E

tended to make the argument at
the December session of the court
in 1848, a hundred years ago. And
in 7 Howard (Supreme Court Re-
ports) he is listed as one of the at-
torneys admitted to practice at
that term. But according to “Lin-
coln—Day By Day Activities." by
Benjamin P. Thomas.
lished in 1936 by the Abraham

Lincoln Association of Springfield.‘

Illinois, the future President, then
the only VYhig member of the
House' of Representatives from
Illinois. was admitted to practice
before the court and made his
argument in this case on the same
day March 7, 1819. concluding it
on March 8. All authorities, how-
ever, agree that the Chief Justice
rendered his unfavorable decision
on March 13, 1819.

Admitted with Lincoln to court
practice in the December term. ac-
cording to Howard, were other
notable persons: Hannibal Hamlin
of Maine, who was to be elected

lVice President of the United States

on the ticket with Lincoln in 1860;
Albert Pike, the famous Free-
inason, lawyer and explorer of the
Southwest (pardoned by Andrew
Johnson for his Confederate activi-
ties yet tried for treason after-

wards): Joseph P. Bradley, whose

vote on the Electoral Commission
in 1877 gave the Presidency to
Hayes over Tilden; and Judah P.
Benjamin of Louisiana, celebrated
Confederate statesman and later
the leader of the parliamentary bar

of Great Britain.

The case of Lewis v. Lewis in~
volved a very technical point of
law. and, at the request of this cor-
respondent, a most eminent legal
authority here today analyzed the
issue and commented on Lincoln’s
notes as follows:

In 1819. Broadwell conveyed
to [William] Lewis a tract of
land in Ohio by warranty deed.
In 1825, a. third party recovered
100 acres of the land from Lewis
in an ejectment action. Eighteen
years later, in 1843, Lewis
brought suit for breach of war-
ranty against the administrator,
of Broadwell’s estate in the Fed-
eral Circuit Court for the Dis-
trict of Illinois. The administra-
tor [Thomas Lewis, whom
Lincoln represented], relying
upon the Illinois statutes of limi-
tation. pleaded that the suit was
barred by the passage of time.

In 1827, the Illinois Legisla-

, ture had enacted a statute pro-

viding that suits of the sort in-
volved here must be commenced

=, within sixteen years after the
i cause of action has accrued. The

l s'tatute,

however, contained a
savings clause which stated that.
with respect to persons beyond
the limits of the state when the
cause of action came into exist-
ence, the sixteen-year period
should begin to run only when
such person should come into the
state. The plaintiff had not. been
in Illinois until he filed suit in
1843. But in 1837, the Illinois
Legislature had repealed the
savings clause. The issue thus
became whether the sixteen-year
period of limitation should be
held to run from the date the
cause of action came into being
or from the date of the repeal
of the savings clause. If the for-
mer construction were made,
this suit would be barred. But if
the latter were accepted, the suit
could be maintained. The case
came before the Supreme Court
of the United States upon a cer-
tificate of division in opinion be-
tween the judges of the circuit
court.

Opinion of Chief Justice

The Supreme Court, through
Mr. Chief Justice Taney, held
that the sixteen-year limitation
period ran from the date of the
repeal of the savings clause and,
hence, that the suit was not
barred by passage of time. The
opinion points out that with the
repeal of the savings clause in
1837, the cause of action in this
case was for the first time sub-
jected to the operation of the
statute. If the plaintiff had come
into the state the day before the
savings clause was repealed, he
would have been afforded six-
teen years thereafter in which to
bring suit. The court, relying
upon its decision in Ross et al. v.
Dzwal, 13 Peters 57, concluded
that the Illinois Legislature in
enacting the repeal statute had
placed out—of—state plaintiffs in
the same position they would
have occupied under the 1827
statute if they had come into
the state on the date of passage
of the 1837 act.

Mr. Justice McLean entered
a vigorous dissent, contending
that Ross v. Diwal. in which he
had written the opinion of the
court ten years earlier, did not
support the position of the ma-
jority and was, in effect, being
overruled.

«Supreme:

and pub-j

sult, as narrated in his letter to
Mr. Flannery under date of Feb.
23-1. 1934;

I traced the case through the
original dockets and the con-
densed dockets to identify, so
far as shown there, what papers
were filed: and then sent to our
file rooms in the Senate Office
Building for everything connect—
ed with the case which could be
found. You will recall that a
fire in the Capitol in 1898 de-
stroyed a large number of the
Clerk’s files. In sorting out those
which survived the fire it was
the practice to tie up with the
record such correspondence and
manuscript briefs as escaped de-
struction.

A thorough search failed to
produce a file in the case and I
turned to the record in the hope
that I might find some of the
salvaged papers tied with it.
The record itself shows evidence
of having been in contact with
the fire and there are no papers
with it except the original judg-
ment of this court. This leaves
me to conclude that the entire
file in the case was destroyed.
Very small space has been given

in Lincoln biographies to Lewis v.
Lewis. Frederick.Trevor Hill in
his book “Lincoln the Lawyer”
(Century, 1906) had a few lines
about it and reproduced the first
page of the text of the notes
which is here published in full for
m

this permission by Robert T. Lin-
coln some years before the, entire
paper was presented to Mr. Flan-
nery. He wrote that “the briefs
are still in existence today." but
Mr. Cropley's letter indicates that
on this point Hill was misinformed.

In authorizing this publication
Mr. Flannery wrote. under date if
Feb. 3. 1938:

On many occasions during the
years I represented Mr. Robert
T. Lincoln he told me that he
had a paper of his father which
he had laid aside for me, but
that he had mislaid it and Would
give it to me when he found it.
After his death. Mr. Lincoln’s
persona] attorney brought me
this manuscript and I was sur—
prised and delighted to find it
was the outline of his argument
in the case of Lewis. etc.

Please carefully preserve and
promptly return the manuscript
and any photographic plates
which you may have made, so
that I may deposit the original
in the. Supreme Court of the
United States whenever that
court designates a safe and
suitable repository for its many
valuable, historical archives.
This unique manuscript belongs
to the Nation and to the Bar
of this country and I am anxious
to have it carefully preserved in
the proper custody.

The text of Lincoln’s notes for
the oral argument, exactly as he

. - 1_1_,wrote it in long-hand. is as follows:

. In the Supreme Court of the United States
. December Term A. D. 1848
Lewxs for use of Longworth
On division of opinion
vs.
from the District of Illinois—

Lewis. adni. of Broadwell
History of the case, and the