The New York herald., 1922-09-05
Continued from First Page.

may al leaSt DE u paftlal redilzdtlon
of this philosophy of my later life,
/ hereby resign as of September IS,
1922, the office of Associate Justice
of the Supreme Court of the United
States, which i have held during
the past six years. With grateful
appreciation, my dear Mr.. Presi-
dent, of the many services you have
shown me through many years, |
am sincerely your,
"JoHN II. CLARKE"
Mr.. Clarke was appointed to the
Supreme Court in 1916. succeeding
Charles +. Hughes. now Secretary of
State, who withdrew on his nomina-
ton for President by the Republican
party.
| at the time of his appointment
Justice Clarke was Federal Judge for
the northern district OF Ohio. While
he represented many large corpora
tions his political activities generally
We're viewed as of a progressive order.
once Newspaper Editor.
Before entering the law he edited a
newspaper and achieved celebrity as
an editorial writer in Ohio. His course
on the Supreme Court bench. while
less liberal than that ascribed to
Justice Brandeis. another Wilson ap-
pointee. was characterized by inde-
pcNdence OF views. He wrote dissent
il opinions on one or two phases OF
tie Eighteenth Amendment. which
were hailed by the critics of that in
strument as reflecting doubt as TO the
! constitutional soundness of it,
Justice Clarke is regarded as a stu
dious and most painstaking jurist and
I is extremely popular with his asso-
| ciates His tendency toward liberal
| ism" is attributed by some of them to
his earlier associations with the late
Mayor Tom Johnson of Cleveland and
Newton Baker. former Secretary of
1 War. Mr.. Baker was credited with
having induced President Wilson to
| appoint Mr.. Clarke TO the post on the
/ bench The two mea belong TO the
same liberal school in politics.
Mr.. Clarke favored the election of
4 United States Senators by direct vote
I of the people and played leading
\ part III fighting for a reduction OF
railroad fares. He consistently ia
vored the grant of independence to
the people OF the Philippines. The
only office for which he ever was nom
mated was for the Senate. The late
| Mark Hanna defeated him.
/ The nomination of Mr.. Sutherland
/ to the Supreme Court bench was not
only expected by Republican leaders,
but will prove most gratifying. There
is little, IL anything. to suggest alien
| birth in the appearance or character
istics OF the new Justice. He is a
thin. wry man with close cropped
mixed gray brown beard, extremely
energetic, and would be properly ap-
praised as good mixer"
All traces of foreign birth was eradi-
Gated by his education in the Univer-
! sity of Michigan, in which State he
settled on coming from England in
1873. After his graduation Mr. Suth-
erland went to Utah and began the
| practice OF law at Salt Lake. lie en-
tered politics after a few years and
was elected to the state Senate. He
was a delegate TO the national Repub-
lican conventions in 1900, 1904 and
:. 1908.
Mr.. Sutherland was elected TO the
lower House of Congress in the Fifty
seventh Congress and served two
terms. In 1904 he was elected to the
TEitod States Senate and reelected in
1911. He was defeated for a third term
| by w. H. King, Democrat. the present
Senator: was a member of the For
cien Relations and Judiciary commit
tees, and during his service IN the
Senate was regarded as one of the best
constitutional lawyers in that body
He collaborlted with Islihu Root In
the preparation and analysis of some
OF the most important legislation that
engaged tho attention or the Senate
In which constitutional questions were
raised
Intimacy with President.
After his defeat by Mr.. King Mr.
Sutherland engaged i'm the practice OF
law at Washington. He and Mr.. Har
ding became intimate friends during
their association in the Senate. When
Mr.. Harding was nominated for Presi-
dent Mr.. Sutherland offered his SER
vices and was invited to become O
member OF tho candidates personal
staff. He spent most Of his time as
tho guest OF Mr. Harding al Marion
during the campaign. Their intimacy
has since continued without Interrupt
tion or impairment.
When Mr. Harding organized tho
armament conference. III which eight
foreign Powers were associated with
the United States. Mr.. Sutherland was
appointed chairman OF the advisory
committee Of the American delegation
He is credited with having rendered
conspicuous service IN working out the
details of tho naval and four Power
treaties. His most recent public SER
vice was as the representative of this