A photograph of Supreme Court justice Horace Gray. Taken from here, it's labeled that the picture is from the Collection of the Supreme Court of the United States. Presumably it's by the federal government, or in the case it's not, the subject of the photography died in 1902, the photo must have been taken before that, and since it is before 1923 it is still in public domain.

	This work is in the public domain in the United States because it is a work prepared by an officer or employee of the United States Government as part of that person’s official duties under the terms of Title 17, Chapter 1, Section 105 of the US Code. Note: This only applies to original works of the Federal Government and not to the work of any individual U.S. state, territory, commonwealth, county, municipality, or any other subdivision. This template also does not apply to postage stamp designs published by the United States Postal Service since 1978. (See § 313.6(C)(1) of Compendium of U.S. Copyright Office Practices). It also does not apply to certain US coins; see The US Mint Terms of Use.
This file has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.

https://creativecommons.org/publicdomain/mark/1.0/PDMCreative Commons Public Domain Mark 1.0falsefalse