205 U.S. Cases Disposed of Without Consideration by the Court.

No. 701. Ex parte: IN THE MATTER OF JOHN JOHNSON, APPELLANT. Appeal from the Circuit Court of the United States for the Southern District of New York. April 17, 1907. Docketed and dismissed on motion of Mr. Alford W. Cooley in behalf of counsel. No one opposing.

No. 515. NEW ORLEANS GREAT NORTHERN RAILROAD COMPANY, APPELLANT, V. THE MISSISSIPPI RAILROAD COMMISSION ET AL. Appeal from the Circuit Court of the United States for the Southern District of Mississippi. April 22, 1907. Decree reversed at the cost of appellant on confession of error, and cause remanded to be proceeded in according to law, on motion of Mr. Marcellus Green for the appellant. Mr. Marcellus Green for appellant. Mr. R. V. Fletcher and Mr. C. H. Alexander for appellees.

No. 638. MAGGIE MYERS, APPELLANT, v. ANDREW P. WYMORE, LATE SHERIFF, ETC., ET AL. Appeal from the District Court of the United States for the Western District of Missouri. April 22, 1907. Dismissed with costs, pursuant to the tenth rule. Mr. James S. Easby-Smith, Mr. W. E. Fowler and Mr. R. B. Ruff for appellant. Mr. Herbert S. Hadley for appellees.

No. 290. ISAAC BERKSON ET AL., APPELLANTS, v. Samuel H. MARCUSE, TESTAMENTARY EXECUTOR, ETC. Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. April 24, 1907. Dismissed with costs, pursuant to the tenth rule. Mr. Henry L. Lazarus for appellants. No appearance for appellees.

IN THE

SUPREME COURT OF THE UNITED STATES

APRIL 29, 1907.

PRESENTATION OF RESOLUTIONS IN COMMEMORATION OF J. HUBLEY ASHTON.

Hon. Henry M. Hoyt, Solicitor General: May it please the court, on behalf of the Bar Association of this District, and in the name of the Attorney General, I have the honor to present to the Court the resolutions adopted by the Bar Association in commemoration of the late Mr. J. Hubley Ashton, whose distinguished official and personal career at this bar is well known to the Court; and I beg to ask that the court will direct that an appropriate minute be made of those proceedings upon its record.

The Chief Justice: The Court recognizes that the long and eminent labors of Mr. Ashton, and particularly while connected with the Department of Justice, justify the Court in making this an exception to the general rule, and render it eminently proper that the request of the Bar Association be granted. The resolutions, therefore, will be placed on the files of this Court.

The resolutions are as follows:

WASHINGTON, D. C.

We hereby certify the following to be a true copy of the minute and resolutions adopted at a meeting of the Bar of the District of Columbia held on the twenty-ninth day of March, in the year 1907, in memory of the late J. Hubley Ashton.

A. B. HAGNER,
Chairman.

Attest:

PERCIVAL M. BROWN,

Secretary.

MINUTE AND RESOLUTIONS.

The Bar of the District of Columbia have met to give expression to their sorrow and to their sensibility of the loss occasioned to them and to the profession by the death of J. Hubley Ashton, and to pay a tribute to his eminent abilities and virtues.

Mr. Ashton was admitted to the Bar of the Supreme Court of the United States in December, 1864, and to this Bar in the month of October, 1869.

He was Assistant Attorney General of the United States from May, 1864, continuously, with the exception of a few months, until his resignation in April, 1869.

During that period he argued on behalf of the Government a great number of important causes, more than seventy in all, which originated in the events of the Civil War and in the execution of the laws and policy relating to reconstruction and which involved grave questions of constitutional and international law. Many of these cases as they are reported in volumes 2 to 8 of Wallace related to the law of prize, and his arguments therein greatly contributed to the establishment of the doctrines enunciated by the Court. He served under and was associated with Attorneys General Bates, Speed, Stanbery, Evarts and Hoar, and was several times appointed Acting Attorney General.

From the time he was admitted to this Bar to the day of his death his home was in Washington, and until recently he was actively engaged in the practice of his profession.

After he severed his connection with the Law Department, he was frequently employed by the Government in litigation involving great responsibility and in matters relating to international intercourse and obligation.

He seldom appeared in the local courts. His practice continued to be in the Supreme Court of the United States, and he was also the adviser of many corporations and had professional charge of important business interests.

Mr. Ashton's long career made conspicuous his varied learning and professional knowledge of the fundamental principles

of jurisprudence, his intellectual vigor, alertness and acumen, his power in legal controversy, and his capacity for persuasive and convincing argument and exposition. His briefs were made of exceptional value and usefulness by his habit of exhaustive research and preparation and his faculty for lucid statement and logical reasoning.

The conduct of his professional life, as was his conduct in all the relations of life, was in conformity with the highest and most ennobling standards of duty, of rectitude and of honor.

His character and the simplicity, refinement and kindliness of his nature secured and firmly held the confidence, the respect and the sincere friendship of the Bench and of the members of the Bar.

Therefore, be it—

Resolved, That we bear testimony to and hold in honor the rare attainments of our deceased brother, his fidelity to justice and to law, his great services to the profession and to the community, and the nobility and purity of the spirit in which he devoted his great abilities to the duties and labors of his profession.

Resolved, That the unalterable purpose evinced by Mr. Ashton from the beginning to the end of his laborious life to accept and fully meet the moral responsibilities and obligations that devolve upon the Bar, as well as upon the Bench, deserves our special recognition and a permanent record of our remembrance, in the desire that the influence of his example may be thereby preserved, strengthened and extended.

Resolved, That the president of the Bar Association be requested to present this memorial and these resolutions to the Court of Appeals and the Supreme Court of the District of Columbia, with the request that they be entered on its minutes, and that a copy be communicated to the family of the deceased with the expression of the sincere svmpathy of the members of the Bar.