Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1902-08-15
NEW JUSTICE NAMED.
President Roosevelt Fills Supreme
-s Bench Vacancy.
Justice Gray Resigns because of Ill
Health, and oliver Wendell Holmes,
of Mnssnchusctts, Picked as
His Successor.

Oyster Bay, Aug. 12.-President
Roosevelt late Monday afternoon an
nounced that he had appointed Hon.
Oliver Wendell Holmes chief justice
of the supreme court of Massachu-
setts, to be an associate justice of
the supreme court of the United
States, vice Mr.. Justice Gray, re-
signed.
Judge Holmes, whom the president
has selected as Mr.. Justice Gray's
successor, is one of the most dis
tinguished lawyers and jurists of
Massachusetts. His career on the
bench, particularly as chief justice
of the Massachusetts, supreme court,
has attracted wide attention. Like
Justice Gray, he is native of Mas
sachusetts.
Rcsignation of Justice Gray.
The resignation of Justice Gray
was due to i'll health. Several
months ago he suffered stroke of
apoplexy, which some time later was
followed by another. He has not ap-
peared on the bench since he was
stricken the first time. His advanced
age-74 years-told against his re-
covery with serious force. Realiz-
ing that he probably never would be
able again to assume the place which
he so long had filled with distin-
guished ability and honor, he de-
cided short time ago to tender his
resignation to the president. With
the exception of Mr.. Justice Harlan,
he served on the bench of the Unit
ed States supreme court longer than
any of his present colleagues. He
was appointed an associate justice
by President Arthur on December 10,
1881, his service extending, there
fore, through a period of nearly 21
years.
Justice Gray has been at Nahant,
Mass, his summer home, for some
time. During his long career on the
bench of the supreme court Justice
Gray delivered a number of important
opinions. He was remarkably exact
and deliberate, and frequently spent
considerable time in the preparation
of his decisions. His speciality was
will cases, although he participated in
the consideration of many of the i'm
portant issues which came before the
court. Justice Gray was with the ma
jority of the court in the decisions in
| the income tax cases and the insular
cases. Another important cause of
recent date was that growing out of
the Spanish-American war, in which
Justice Gray decided against the right
of the government to seize certain
fishing smacks, the property of Gu
bans, which the United States authori-
ties believed were giving aid and as
sistance to the enemy. Judge Gray
was always an ardent republican. Like
his successor in Office, he was chief
justice of the supreme court of Mas
sachusetts before his appointment to
| the United States supreme court.
The New Justice.
Justice Oliver Wendell Holmes is a
son of the author, Oliver Wendell
Holmes, and has been justice of the
Massachusetts supreme court since
1882. He was born in Boston in 1S41,
and was educated at the public schools
and Harvard college and Harvard law
school. Immediately after his gradu-
alton from Harvard he enlisted in the
| Twelfth Massachusetts regiment, and
was wounded at Antietam and again
at fredericksburg, where he was mus
tered out as brevet lieutenant colonel.
He took up the law after the war
and edited the twelfth edition of
"Kent's Commentaries" and for three
years was editor of the American Law
Review. He was for time one of the
law faculty at Harvard. He served as
associate justice of the supreme court
until 1899, when he was made chief JUS
tice.
| VIII Accept.
Beverly, Mass, Aug. 12.-Chief JUS
tice Oliver Wendell Holmes was in
formed of his appointment to the
United States supreme bench at his
summer home in Beverly Farms. Mon
day night. He was asked If ne would