The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-08-12
Succeeded in Supreme Court by
Oliver Mellddss!I Holmes
I'LL HEALTH CAUSED ACTION
Judge Holmes, Whom President Has
Appointed, Is Chief Justice of Mass
achusetts Supreme Court and
q Distinguished Jurist.

Oyster Bay, August 11.-President
Roosevelt late today announced that he
had appointed the Hon. Oliver Wendell
Holmes chief justice of the supreme court
of Massachusetts,. to be an associate JUS
tice of the supreme court of the United
States, vice Mr. Justice Gray. resigned
The resignation of Justice Gray was
due to i'll health. Several months ago he
suffered a stroke of apoplexy, which
some time later was followed by another.
He has not appeared on the bench since
he was stricken the first time. His ad-
vanced age--74 years-told against his
recovery with serious force. Realizing
that he probably never would be able
again to assume the place which he so
long had filled with distinguished ability
and honor he decided a short time ago to
tender his resignation to the President
With the exception of Mr.. Justice Harlan
he has served on the bench of the United
States supreme court longer than any
of his present colleagues. He was ap-
pointed an associate justice by President
Arthur on December 10, 1881, his service
extending therefore through period of
nearly twenty-one years.
Judge Holmes, whom the President has
selected as Mr.. Justice Gray's successor,
is one of the most distinguished lawyers
and jurists of Massachusetts. His career
on the bench, particularly as chief JUS
tice of the Massachusetts, supreme court,
has attracted wide attention. Like JUS
tice Gray, he is native of Massachu
sets. He is a son and namesake of the
late DIR. Holmes, the poet and essayist.
Was Not Unexpected.
Washington, August 11.-Justice Gray's
resignation was not altogether uneK-
pected It was recognized that he would
not be able to resume his duties on the
bench, and the general impression was
that he would resign at or before the be-
ginning of the next term of court in Oc-
tober. His successor, 1t is said, will not
take his place on the bench before his
confirmation by the senate. This is the
unwritten practice in appointments to
the supreme court
Justice Gray has been at Nahant Mass,
his summer home, for some time During
his long career on the bench of the SUI
preme court Justice Gray delivered a
number of important opinions. He was
remarkably exact and deliberate, and
frequently spent considerable time In the
preparations of his decisions. His special
ty was will cases, although he partici-
pated in the consideration of many Of the
important issues which came before the
court Jussice Gray was with the ma
jority of the court in the decisions in the
income tax cases and the insular cases.
Another important case of recent date
was that growing out Of the Spanish
American war, in which Justice Gray
decided against the right Of the govern
ment to seize certain fishing smacks, the
property of Cubans, which the United
States authorities believed were giving
aid and assistance to the enemy Judge
GRAY was always an ardent Republican.
Like his successor In office, he was chief
justice of the supreme court of Massa-
chusetts before his appointment to the
United States supreme court.