New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-08-12
PRICE THREE CENTS.
JUSTICE GRAY RETIRES
OLIVER WENDELL HOLMES TO
SUCCEED Hin.
PRESIDENT ROOSEVELT ANNOUNCES a
CHANGE IN THE UNITED STATES
SUPREME COURT.
[BY TELEGRAPH TO The rR1sUSE-I

Oyster Bay, \. Y, Aug. 11.-President Roose-
welt announced to-day the retirement Of Horace
Gray. Associate Justice Of the United States
Supreme Court. Oliver Wendell Holmes or
Massachusetts,. son Of DR. Oliver wendell
Holmes. the poet has been selected to succeed
him. Justice Holmes is the Presiding Justice OF
the Supreme Court Of Massachusetts and lives
in Boston The retirement Of Justice Gray vas
due to i'll health. In the last few months ne has
suffered two severe strokes Of apoplexy. Vhlcn
rendered him incapable of continuing MS ser
vices in the United States Supreme Court
where for twenty years his opinions have taken
high rank The retirement Of Justice cray
has been expected for year or more
Oliver Wendell Holmes, as has been Indicated
in The Tribune's Washington dispatches, has
been foremost in the Presidents mind for seat
On the bench Of the nations highest tribunal
II was inttnnated when Justice Gray was crltt-
caIIy i'll last winter that there was likely 20 oe
vacancy in the Supreme Court in President
RooseveIt's administration and that Justice
Holmes would be appointed TO I'll IL
Senator John c. Spooner, ofWisconsin. has been
prominently mentioned for a justiceship if the
appointee should be selected from the West But
il is said that Mr. Spooner could not have af-
forded to accent the office had it been rendered
10 him
II is possible that other vacancies IN the
Supreme Court will be caused by the retire
nent of members who are old enough 70 reIlfe
on full pay before the close OF this adr1llnls-
tration. If so. the appointee will prooaoly come
from the West and Ohio, not having been repre-
eented in the court for a good many years Is
1,lA1v TO demand such representation Justice
Harlan the senior member in point Of service.
and Chief Justice Fuller will be seventy years
old in 1908 and Justice Shiras has just passed
threescore and ten Justice Gray is seventy
four and was the oldest member OF the court.
Justice Gray's custom, when the court was IN
session was TO walk up PennsyIvania-ave- from
1be CapitoI TO his home, and his stalwart frame
and distinguished carriage became familiar TO
the citizens of Washington. Immediately after
the court adjourned ne would start with Justices
Harlan. Brown and Brewer for daily walk a
wear ago he became too feeble to walk with his
colleagues
The selection of Justice Holmes TO succeed
Justice Gray is the first change made IN the
Supreme Court since the appointment OF Justice
l1cKenna. of California. in President McKinleys
first administration There are three Democratic
members of the court-Chief Justice Melville W.
Fuller. of Illinois; Justices Edward Douglass
White of Louisiana. and Rufus w Peckhanl. OF
New-York They were appointed by Presl-
dent Cleveland Justice Harlan and White repre-
sent the South, Justices Fuller, Brown. Brewer
and McKenna the West and Justices Peek
ham. Shiras and Hoirres the East. With the ap-
Harvard men on the Supreme Court bench viii
main three. at present
President Roosevelt has held the resignation
of Justice Gray for a month lie offered the
place Immediately to Judge Holmes. and pub
IicIy announced the appointment to-day. after
he had received Justice Holiness acceptance
Justice Holmes viii be sworn into Office II the
earliest possible opportunity
Justice Gray has been at Nahant, Mass his
He *
ably exact and deliberate in his methods. and
spent considerable time in the preparation Of
his decisions His specially was viii cases. al
though he took part in the consideration or
many OF the most important issues which came
before the court He with the majority or
the court in the decisions fI the income tax
cases and the irsular test suits Another I'M
pOrtant case Of recent date was that growing
out Of the Spanish-Amercan War. IN which Jus
tica Gray decided against the right OF the gov
ernrent TO seize certain fishing srnacks- the
property of Cubans. which the United states
authorities believed were giving aid and as
sistance to the enemy Justice Gray was al
vays an ardent Republican Like his successor
in office he was Chief Justice Of the Supreme
Court of Massachusetts before his apPOlntmenE
rO United States Supreme Court