Every evening, Wilmington daily commercial., 1921-05-19
CHIEF JUSTICE DEAD;
SERVED 27 YEARS ON
THE SUPREME BENCH
Continued from page !

niecs Miss Ann Montgomery and Miss
Mary Lee Broussard and the Reverend
Father s. j. Creeden, of Georgetown
University. who had administered the
last sacrament during the early even
ing.
Funeral on Saturday.
According to tentative funeral arr
rangements announced today by Frank
X Green. marshal of the Supreme Court
who has taken charge, interment VIII
take place here in Oak Hill cemetery
following simple services under the
Catholic ritual to be held at st. Mat
thew,s Church at 10 o'clock Saturday
morning. The body was removed to hia
local residence today from the hospital
where he died.
A Physical and Intellectual Giant
Chief Justice White who was mas
sive figure. had been described as lne
intellectual as we'll as the physical
giant of the bench One of the great
est privileges of his position, he often
said, was that of dissent. and he fre-
auently used that preroEative WITH
great force and clarity.
Unswerving in his devotion to duty,
the chief justice was constantly IN at
tendance at all sessions. His physi-
clans helu In8t lflIS htSh tth''tfs -
dutv nerhaps hastened his death. They
advised him four months ago that ne
was not well and should leave his work
for rest and treatment, but his reply
was that he would rather die than for
sake the bench at q time when 80 many
important cases We're before the cou.t.
Nemherry Opinion His Last.
Six weeks ago the venerable Chief
Justice developed severe cold which
made it necessary for him to absent
himself from the court but he returned
within two weeks. and on May ue-
liyeI-ed n vigorous dissenting opinion
in the Newberry case. This was the
last opinion he delivered and u also
was his last appearance In court on
decision day, for before the next de-
cision day came last Monday he haa
found ii necessary TO submit to an
operation.
As recently as the Newberry case
tho chief Justice departed from the
us,ial judicial tenor of the bench TO
warn against attack upon the Federal
power. He declared that the proposi-
ton that Congress could not regulate
the election of United States senators
was "a suicidal one" and he predicted
that legislation to cover the point would |
be enacted.
Opinions Were Extemporaneous.
By far the majority OF Mr.. Whites |
opinions were extemporaneous. He was
said hy competent authorities To have
been uneuualed I'm his ability to analyze |
orally and without notes an Intricate |
legal proposition. quoting precept and |
precedent with absolute accuracy as TO
his citations. Frequently after having
prepared a formal opinion upon an inn
uortant case the Chief Justice would |
neglect to pick il up, and talking to the
always large assemblage of distinguished
LAWYERS in the chamber, as might
teacher to his class, would deliver an
entirely different opinion as TO Ian
guage. interspersed with flashes of
vigorous expressions not TO be found
in the prepared copy.
Thus. in denouncing the form In
which the Lever act was drawn. he de-
clared that the statute was "as broad
as human imagination" and left to
each separate jury "the determination
of the degree of guilt" of any alleged
violator.
Passed on Many Momentuous Questions
Occupying place in the court for
u years MIR. White participated in
judgments which decided the fate OF the
income tax, direct primary, prohibition
and woman suffrage amendments, as
well as the issues of the tremendous
legal battles which grew out of the an
ti-trust and commerce regulation laws.
With the opening of the World War
the court was called upon to decide the
validity of the selective service and
espionage acts and of many others
adopted in the period of national crisis.
In international affairs Mr.. Whites
influence was felt in the arbitral award
determining the boundary line between
Costa Rica and Panama. Called upon
in 1911 TO complete the work begun by
President Loubet of France in fixing a
boundary between the two countries,
he arrived at decision which the Amer
lean government now is insisting Pan
anna shall accept.
Devoted to Study; Spurned Exercise.
During recent years Mr.. White in
dulged in no exercise except walking.
His vacations spent in Maine or Canada,
were devoted largely to reading in prep
aration for the next terms work.
Some years ago he attempted to master
the intricacies of bicycling as means,
he said, of reducing weight, but he gave
UP the venture after a few trials and
returned TO the mental exercise of his
remarkable library.
President Formally Notified
Justice McKenna, as senior associate
member of the Supreme Court, formally
notified President Harding, Vice-Presi-
dent Coolidge and Speaker Gillett today
of the death of Chief Justice White.
Following the courts custom in such
cases the news was sent in a letter
inscribed upon black bordered parch-
ment and enclosed in an envelope deeply
edged in black.
Il am directed by the Supreme Court
Of the United States to notify the SEN
ate through you that the Chief Justice
of the United States. died this morning
at a. n.," Justice McKenna's note 10
Vice President Coolidge said
The eight members of the court will
act as honorary pail bearers if the
family agrees TO the suggestion that an
official funeral be held.
Edward Douglass White was born in
the parish of Lafourche, Louisiana, No
vember 8, 1845. He came of family
of lawyers. his father and his paternal
grandfather having both been judges
His forbears had been for several gen.
eratfons Roman Catholics and the fu-