The Washington times., 1922-09-04
CLARKE TO
QUIT j. {.
.H|CHC0(JRT
Submits Resignation Effective
Sept. 1s-Geo. Sutherland
r. Named Successor.
by InsrrDationai News Service.


John Hessin Clarke, Associate
Justice of the Supreme Court, has
resigned from the bench, effective
September 18, it was officially
announced at the White House
today.
Coincident with the announce
ment that Justice Clarke had sub
mitted his resignation, President
Harding announced that it has
been accepted, and that former
United States Senator George
Sutherland of Utah will be ap-
pointed to fill the vacancy thus
created.
Clarke Chafed By Restraint.
II was reported today that Justice
Clarke's retirement was not wholly
due to the fact that he Is reaching
the age of sixty-five on September IS.
According to his friends. Justice
Clarke has frequently chafed at the
restraint of the supreme court,
particularly as II affects the in
dividual utterance Of supreme court
justices, and has long desired to re.
turn to the freedom Of private lie,
where his activities would not be
confined to the narrow limits of the
bench.
Within recent months, Justice
Clarke made a speech in Cleveland,
advocating cancellation of war debts,
which attracted wide attention and
comment.
The appointment Of former Sena-
tor Sutherland will give the court
a nf l.
cans and two Democrats, as COM
pared with five Republicans and
four Democrats two years ago.
The Democrats on the court after
Clarke's f. retirement will be Justices
McReyno1ds and Brandeis.
The two vacancies during the
present Administration have been
by Democrats, and both have been
filled by Republicans.
Near Age Of Retirement.
Justice Clarke's reason for resign
ing from the highest bench was set
forth in his letter Of resignation.
sent to the President from Youngs.
town. Ohio, where the justice is
spending the summer recess.
On September IS, Justice Clarke
said, he would be sixty-five years
old. the age of retirement, and his
resignation was prompted by his
philosophy of life" that when a man
reaches the age Of sixty-five he
should give way to a younger man.
Justice Clarke Is the youngest
member of the Supreme Court in
point Of service. He was appointed
to the Supreme Bench from Ohio by
Woodrow Wilson on July II, 1915,
was confirmed by the Senate ten
days later, and took the oath Of Of
flee on August l.
Harding Makes Statement.
Announcement Of the Clarke reslg.
nation and the forthcoming Suther.
land appointment was made by Pres
ident Harding himself to the news.
papermen at the White House. He
called them into his office and gave
them a brief statement written III
his own longhand, which stated:
THE President today received the
resignation OF Justice John II.
Clarke, an Associate Justice Of the
United States Supreme Court bench,
effective September Is. Justice
Clarke addressed the President from
his home in Youngstown, Ohio. He
explained that he reaches the age OF
sixty-five on September Is and de-
sires to retire In order to conform
with his own philosophy OF life and
to serve his neighbors and some pub.
lic causes in q way that he cannot
serve while holding an important
office.
The President announced that he
would accept the resignation In &C
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