Omaha daily bee., 1902-08-12
III Health Causes Latter 70 Give Up PO-
sition and Seek Rest.
ApPOINTEE SON OF LATE Or HOLMES
Was on Supreme Bench Of Bay State and
Attracted Marked Attention.
WILL AWAIT CONFIRMATION OF SENATE
Justice Gray VIII Hold Position for
some Time in Accordance win
Former custona In sim-
liar Gases.

Roosevelt late this afternoon announced
that he had appointed 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
70 ill-health Several months ago he
suffered a stroke Of apopIexy. which some
time later was followed by another. He
has not appeared on the bench since he
was stricken the nrst time. His advanced
age-74 years--toid against his recovery
with serious force. Realizing that he prob
ably never would be able again to assume
the place which he 80 long had filled with
distinguished ability and honor. be decided
short time ago TO tender his resignation
20 the president.
With the exception Of Mt. Justice Har-
Ian, he served on the bench Of the United
States supreme court longer than any Of
his preaept colleagues. He was appointed
an associate Justice by President Arthur
on December 10. 1881, his service extending
therefore through period OF nearly
twcnty-one years. Judge Holmes, whom
the president has selected as Mr.. Justice
0ray's successor, Is one Of the most dis
tingulshed lawyers and jurists Of Massa-
chusetts. His career on the bench, par
ticstRrly as chief justice OF the Massachu-
sets supreme court has httracted wide at
tention. Like Justice Gray. he is q native
Of Massachusetts He is a son and name
sake Of the. late DIT. Holiness the poet and
essayist.
Resienasion Not Unexpected.
WASHINGTON. Aug. 11-Justice Gray's
E~siguatiOn nOt aitogetavF un5zTssssssss. -
II was recognized that he would be unable
to resume his duties on the bench and the
general impression wss that he would re-
align At or before the beginning Of the next
term Of court in October. His successor,
II ID said will not take his place on the
bench until after his confirmation by the
senate This is the unwritten practice in
the case Of appointments to the supreme
court
Justice Gray has been at Nahant. Mass.
Eis summer home, for some time. During
his long career on the bench of the SUI
preme court Justice Gray delivered a num-
Der Of important opinions. He was re-
markably exact and deliberate and fire.
quently spent considerable time in the
preparation OF his decisions. His speciality
was will cases. although he participated
IN the decision Of many important cases
before the court Justice Gray was with
the majority Of the court In the decisions
In the income tax case and the insular
cases. Another case 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 GER
tain fishing smacks. the property OF Gu
bans, which the United States authorities
claimed were giving aid and assistance to
the enemy. Justice Gray was always an
ardent republican.
Judge Holmes Does Not Talk.
BEVERLY, Mass. Aug. 1l.-chief Jus
tice oliver Wendell Holmes was informed
Of his appointment to the supreme bench
by the Associated Press at his summer
home at Beverly Farms tonight. He said:
81 do nit like TO be interviewed and have
nothing to say except the Associated Press
q the frst 10 inform me Of my appoint
ment"
He was asked II he would accept. ana he
replied: "oh, yes shall no doubt ac-
cept."
Further than this he did not care to
talk. He did add that he was greatly
pleased that the appointment should come
70 him.
sketch of Judge Holmes.
BOSTON. Aug. 11.--Judge Holmes, who
has been honored by appointment to the
United States court bench. was born in
Boston In M-rch. 1871. and graduated from
Harvard university In 1851.
He served in the Twentieth Afassaehu-
eette regiment IN the civil war, rising to
the rank Of lieutenant colonel. Later he
served as aide 70 Brigadler General H. O.
Wright. commanding the first division,
Sixth army corps. IN December. 1865 he
became a law student IN the ONCE OF P. NJ.
Morse, and graduated from Harvard Law
school In 1885 He was admitted TO the
Suffolk bar IN 1857 and afterwards began
active practice OF law with his only brother.
Edward Jackson Holmes. On December s.
1sa2. Governor Long appointed him an as
ncciate justice OF the supreme sicial
court Of Massachusetts In place Of Judge
Otis P. Lord resigned. On July rs. 1899.
the late Governor Wolcott appointed him
chief Justice Of the Massachusetts, supreme
court to succeed Hon waibfidge d. Field.
deceased
Judge Holmes, In addition TO hie eminence
IN law practice has achieved lrominonce
a. = writer and lecturer on legal subjects,
upon which In many instances he Is a rec.
Ognized authority. At Harvard university he
taught constitutional law in 1870 aud 1871
and was university lecturer on jurispru-
dence in 1871 and ls7A He received the
degree OF LID. from Yale end from Har-
ward In 1885. On June ~. 1879, Chief Justice
Holmes married Miss Fanny Dlxwell,
daughtsF Of Epes Sargent Dixwell Of Cam
bridge
-.