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ASSISTANT ATTORNEYS GENERAL

(Charged with the defense of the Government)

JOHN F. SONNETT
SEWALL KEY 1

A. DEVITT VANECH

THERON LAMAR CAUDLE"

1 Designated Acting Head, Tax Division, effective October 9, 1946. 'Appointed Assistant Attorney General, Tax Division, July 23, 1947.

VI

ORDER OF THE COURT RELATING TO THE RETIREMENT OF CHIEF JUSTICE RICHARD SMITH WHALEY

OCTOBER 6, 1947.

The retirement of the Chief Justice, who has devoted 22 years to the service of the Court of Claims, calls for a formal acknowledgment by the Court.

On January 16, 1947, Chief Justice Richard Smith Whaley submitted to President Truman his notice of retirement under the provisions of the statute, and after January 31, 1947, he did not sit in the hearing and decision of cases.

Chief Justice Whaley had served for five years, from 1925 to 1930, as one of the Commissioners of the Court. Then he served for nine years as judge from 1930 to 1939. As Commissioner, he served under Chief Justice Campbell and as judge under Chief Justice Booth, upon whose retirement he was appointed Chief Justice by President Franklin D. Roosevelt.

Richard Smith Whaley was born in Charleston, S. C., July 15, 1874; son of William B. and Helen (Smith) W.; Episcopal High School, Alexandria, Va.; LL. B., University of Virginia, 1897; admitted to the bar of South Carolina in 1897; elected to the house of representatives of South Carolina, 1900, and reelected six times (speaker of house for 4 years); presiding officer of the Democratic State convention, 1910; delegate to Democratic National Convention, Baltimore, 1912, and San Francisco, 1920; elected to Sixty-third Congress (1913-15), First South Carolina District; reelected to Sixty-fourth, Sixty-fifth, and Sixty-sixth Congresses (1915-21); chairman, Rent Commission of the District of Columbia, 1923-25; commissioner, Court of Claims, 1925-30; judge of Court of Claims, June 4, 1930-39; chief justice of Court of Claims, June 28, 1939.

VII

ORDER OF THE COURT RELATING TO THE DEATH OF CHIEF JUSTICE FENTON W. BOOTH, RETIRED

OCTOBER 6, 1947.

The death of Chief Justice Fenton W. Booth, Retired, occurred on July 26, 1947. A few weeks before his death, which occurred in Indianapolis, he had come to Washington at the request of the Court to sit in a case in which two of the judges had disqualified themselves.

The Court desires to record its esteem and respect for its former presiding judge by placing upon the record a brief statement as to his services.

The seventh Chief Justice, Fenton Whitlock Booth, served on the Court of Claims for 35 years, 11 years as Chief Justice.

Born at Marshall, Illinois, May 12, 1869, he studied at DePauw University for three years, after graduation from Marshal High School, and he took his law degree at the University of Michigan in 1892. He was admitted to the Illinois bar in the same year. He served in the 40th General Assembly of Illinois.

In 1905 he was appointed judge of the Court of Claims by President Theodore Roosevelt to succeed Judge Francis M. Wright of Illinois, who had resigned, and in April 1928 he was appointed Chief Justice by President Coolidge, to succeed Chief Justice Campbell, who retired.

Having attained the age of retirement, 70 years, Chief Justice Booth retired June 15, 1939, and after a residence of 35 years in Washington went to Indianapolis to reside.

During his long service on the bench Judge Booth taught law for many years. He was one of the first teachers selected by the Y. M. C. A. in its organization of the law school which has developed into Southeastern University, teaching criminal law and procedure. He continued this work for 12 years. A few years after he began this work he was asked to become dean of the law school of Howard University. He accepted, and as Howard University is in part supported by the United States, he, as a Federal judge, could not accept remuneration from Government funds for

this work, which he continued for seven years. To the teaching in these two schools he devoted 4 nights a week. After resigning as dean of the Howard University law school, due to a change of policy in that institution, he became an instructor in the National University law school, teaching the subject of jurisprudence, and continued this work until he removed to Indianapolis.

Chief Justice Booth was twice married. His first wife, to whom he was married in 1893, was Miss Anna Harlan, who died in 1895. Of this marriage there was one daughter (Margaret), Mrs. Donald B. Jameson, who resides in Indianapolis.

In 1897 Chief Justice Booth was married to Miss Mabel Dana, who died in November 1946. Their children were (Virginia) Mrs. Harry Kylie, (Marian) Mrs. LeRoy B. Miller, both of Indianapolis, and (Louise) Mrs. Moyer, deceased. Chief Justice and Mrs. Booth adopted their grandson, Truman Moyer, the child of the deceased daughter.

ORDER OF THE COURT RELATING TO THE DEATH OF JUDGE WILLIAM RAYMOND GREEN, RETIRED

OCTOBER 6, 1947.

Judge William Raymond Green, retired, died June 11, 1947, at his summer home at Bellport, Long Island, and was buried June 16, 1947, in Rock Creek Cemetery, Washington, D. C. The interment was attended by the Chief Justice and Judges of the Court, the Chief Clerk, and many of the Commissioners and other officials of the Court. Chief Justice Booth, retired, was also present.

Judge Green was appointed to the Court of Claims March 31, 1928, by President Coolidge to succeed Judge James Hay, retired. Judge Green served until May 29, 1940, when he retired. After his retirement he was several times recalled to sit in the hearing and decision of certain cases when other judges were absent or disqualified.

William Raymond Green was born at Colchester, Connecticut, November 7, 1856, the son of Timothy Franklin and Sarah Maria (Raymond) Green. He graduated with the B. A. degree in 1879 from Oberlin College, which in 1927 conferred upon him the honorary degree of Doctor of Laws. In June 1887 he was married to Miss Luella Washington Brown of Creston, Iowa, who died in 1922, and is buried in Rock Creek Cemetery. Two children survive, William Raymond Green, Jr., of the New York bar, and Mrs. Courtney (Margaret) Campbell, also of New York City.

He began the practice of law in Dow City, Iowa, in 1882, later removing to Audubon, Iowa. He was judge of the Iowa District Court, 15th Judiciary district, from 1894 to 1911, resigning to represent Iowa's Ninth District in the 62nd Congress. He served in the House of Representatives continuously until 1928, resigning to accept appointment to the Court of Claims. He was chairman of the Ways and Means Committee from 1923 until his resignation. He was also chairman of the House-Senate Joint Committee on Internal Revenue from 1926 to 1928.

Judge Green, having during his congressional career given extensive study to tax matters, was author of "Theory and Practice of Modern Taxation"; "Tariff Facts and Fallacies," and numerous other articles on public and Governmental matters.

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