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UNITED STATES COURTS OF APPEALS REPORTS

VOLUME 19

CASES ADJUDGED

IN THE

UNITED STATES CIRCUIT COURT
OF APPEALS

FOR THE

EIGHTH CIRCUIT 4

AT

MAY AND DECEMBER TERMS, 1893, AND MAY TERM,
1894

SAMUEL A. BLATCHFORD

REPORTER

NEW YORK AND ALBANY

BANKS & BROTHERS, LAW PUBLISHERS

* 1895

COPYRIGHT, 1895,

BY BANKS & BROTHERS.

Aec. Oct 14,1895-

JUDGES

ENTITLED TO SIT IN THE

UNITED STATES CIRCUIT COURT OF APPEALS

FOR THE

EIGHTH CIRCUIT

UNDER THE PROVISIONS OF THE ACT OF CONGRESS OF MARCH 3, 1891, 26 STAT. 826, c. 517, DURING THE PERIOD COVERED BY THE CASES REPORTED IN FULL IN THIS VOLUME.

DAVID JOSIAH BREWER,1

ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES, ASSIGNED TO THE EIGHTH CIRCUIT.

(Commission dated December 18, 1889.)

CIRCUIT JUDGES FOR THE EIGHTH CIRCUIT.

HENRY CLAY CALDWELL,?
(Commission dated March 4, 1890.)

WALTER HENRY SANBORN.2
(Commission dated March 17, 1892.)

DISTRICT JUDGES WITHIN THE EIGHTH CIRCUIT.

RENSSELAER RUSSELL NELSON,

DISTRICT OF MINNESOTA.
(Commission dated May 20, 1858.)

1 Took part in the hearing and decision of the following cases reported in full in this volume, viz.: Smith and Davis Manufacturing Company v. Mellon, post, p. 239 and Atchison, Topeka and Santa Fé Railroad Company r. Reesman, post, p. 596.

Took part in the hearing and decision of many of the cases reported in full in this volume.

Names of Judges.

ELMER SAMUEL DUNDY,
DISTRICT OF NEBRASKA.
(Commission dated April 9, 1868.)

CASSIUS G. FOSTER,

DISTRICT OF KANSAS.

(Commission dated March 10, 1874.)

ISAAC CHARLES PARKER,
WESTERN DISTRICT OF ARKANSAS.
(Commission dated March 19, 1875.)

MOSES HALLETT,

DISTRICT OF COLORADO.
(Commission dated January 12, 1877.)

OLIVER PERRY SHIRAS,1
NORTHERN DISTRICT OF Iowa.
(Commission dated Aug. 4, 1882.)

AMOS MADDEN THAYER,2
EASTERN DISTRICT OF MISSOURI.
(Commission dated February 26, 1887.)

JOHN FINIS PHILIPS, WESTERN DISTRICT OF MISSOURI. (Commission dated June 25, 1888.)

ALONZO JAY EDGERTON,
DISTRICT OF SOUTH DAKOTA.
(Commission dated November 19, 1889.)

ALFRED DELAVAN THOMAS,
DISTRICT OF NORTH DAKOTA.
(Commission dated February 25, 1890.)

1 Assigned to sit in the court under an assignment published in 10 U. S. App. 720, and took part in the hearing and decision of one case only reported in full in this volume, viz.: United States v. Trans-Missouri Freight Association, post, p. 36.

2 Assigned to sit in the court under assignments published in 4 U. S. App. 707 and 12 U. S. App. 721, and took part in the hearing and decision of many of the cases reported in full in this volume.

Names of Officers.

JOHN A. WILLIAMS,

EASTERN DISTRICT OF ARKANSAS.
(Commission dated September 22, 1890.)

JOHN ALDEN RINER,

DISTRICT OF WYOMING.
(Commission dated September 22, 1890.)

JOHN SIMSON WOOLSON,
SOUTHERN DISTRICT OF Iowa.

(Commission on appointment, subject to confirmation by the Senate, dated August 14, 1891. Commission after confirmation dated January 11, 1892.)

ATTORNEY GENERAL.1

RICHARD OLNEY.

SOLICITOR GENERAL.1

LAWRENCE MAXWELL, JR.

JOHN DILLON JORDAN, CLERK.

FRANK BUCHANAN, MARSHAL.2

WALTER WELLS NALL, MARSHAL.?

JOHN EVERETT LYNCH, MARSHAL.

1 By section 359 of the Revised Statutes it is provided that the Attorney General may, whenever he deems it for the interest of the United States, either in person conduct and argue any case in any court of the United States in which the United States is interested, or may direct the Solicitor General, or any officer of the Department of Justice, to do so.

2 Acted as marshal of the Circuit Court of Appeals for the Eighth Circuit Court under the provisions of the act of Congress of July 16, 1892, 27 Stat. 183, 222, c. 196, at the sessions of the court held at St. Louis, Missouri, during a portion of the period covered by the cases reported in full in this volume, by virtue of his being during such time marshal of the United States in and for the Eastern District of Missouri.

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