Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-08-12
JUSTICE GRAY R[IRES
Resigns From Supreme Bench
and PresidentAppoints Oliver
Wendell Holmes.
New Justice is Son Of Noted
Author A Massachusetts
Jurist Since 1882.
Justice Gray Retires on Full
Pay Because OF Ill
Health.

"9Snl0gIOU. AuS. l-.---I nv l'lGSAQSiAA
has accepted the resignation of Associ-
ate Justice OF the Supreme Court Hor-
ace Gray, which has been in his hands
for about a month and a, the sa1ne
Sine appointed Oliver Wendell Holmes
chief justice Of the supreme court OF
Massachusetts TO the vacancy Justice
Holmes when seen at his summer home
IL Beverly Farms last night said that
he would accept.
President Roosevelt made the an
nouncement of the appointment this 81
ternoon. The resignation of Jusice
Gray was due to i'll health. Several
months ago lie suffered stroke of
apoplexy which some time later WIS
followed by another. He has not app
feared on the bench since he was
stricken the first time. His advanced
age-.i years-told against his reeov-
cry With serious force. Realizing that
he probably rever would be able again
&c assume the place which he so long
had filled with distinguished ability and
honor, he decided short time ago to
tender his resignation to the president.
With the exception of Justice Harlan,
he served on the bench of the United
States supreme court longer than any
OF his present colleagues. He was APP
pointed an associate judge by President
Arthur on Dec. 10, 1881. his service eX-
tending, therefore, thru period OF
nearly twenty one years.
Justice Gray's resignation was not
altogether unexpected 1t was recog-
l.ized that he would be unable to re-
sumo his duties on the bench and the
general impression was that he would
resign at or before the beginning of the
next term of court in October His sue
eessor it is said, will not take his place
on the bench until after his confirma-
lion by the senate. This is the unwrit-
ten practice in the case of appoint-
ments 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 supreme court Justice Gray deliv-
cred a number of important opinions.
He was remarkably exact and deliber-
ate. and Frequently spent considerable
time in the preparation of his decisions.
His specially was will eases, altho he
participated in the consideration of
many of the important issues which
came before the court. Justice Gray
WAS the majority 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 Cubans.
which the United States authorities be-
lieved We're 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 SUI
creme court of Massachusetts before
his appointment to the United States
supreme court
Justice Holmes an Able Man.
The new justice, was not himself an
intimate friend of the president, but he
was high in the estimation of the circle
of Massachusetts politicians and states
men with wnom the president has been
most identified. Senator Lodge and
those who move with him in public af
fairs in and about Boston have always
been known to regard Mr.. Holmes as
the leading jurist of his generation.
The president was greatly pleased
when the acceptance of the place came
into his hands from Mr.. Holmes. The
resignation of Mr.. Justice Gray was to
take effect at the presidents conyen-
fence, and has been thus delayed by the
decree of the president to make an ap-
tp "a hapc n
that would be satisfactory from every
possible point of view. Inasmuch as
Mr.. Justice Gray was appointed from
Massachusetts. it was altogether fitting
that the leading jurist of Massachusetts
should succeed him.
Justice Oliver Wendell Holmes is
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 gradua-
ton from Harvard he enlisted in the
Twelfth Massachusetts regiment, and
was wounded in Antietam and again at
Fredericksburg, where he was mustered
out as brevet lieutenant colonel.
He took up the law after the war and
edited the twelfth edition of "kents
Commentaries and for three years
was editor of the American Law Re
view He was for time one of the law
faculty at Harvard. He served as as
sociate justice of the supreme court UNI
til 1899, when he was made chief JUS
tice.
Retires on Full Salary.
Mr.. Justice Gray retires on his full
salary, $4,000. Under the law he
might have retired at any time during
the last two years, as he is "a years of
age. There are three other men on the
supreme court bench whose privilege it
is to retire voluntarily on full pay. They
are Chief Justice Fuller and Justices
Harlan and Shiras. The patriotism and
devotion to duty are generally recog-
nized. but the feeble health of several
justices of the highest United States
courts has made it extremely gratifying
to many that AN opportunity has come
to infuse into the court the strength
and renewed energy which comes with
the appointment of new and active
justice.
One of the most prominent lawyers
practicing before the supreme court
said not long ago that while the newt
abble retirement of MIR. Justice Gray
was to be deplored and regretted, it
was a compromising advantage that
new blood would be brought into the