The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-09
FORMER HIGH
COURT JUSTICE
DIES AT HOME,
MahiOn Pitnev Forced to Re-
sign When iii Health Fol-
lowed Hard Work
INTERESTING CAREER
Former Justice Rose to Poll.
tical Triumphs Before
Getting on Bench
INTERESTING CAREER

Washington, Dec. 9.-Formcl Jus
ticc Mahlon Pitney Of the Supreme
Court died here early today.
Death occurred immediatly after
midnight.
i Justice Pitney was ii year. ord
and retired from the bench because
OF i'll health on December 81. lnl22.
Associate Justice Mahlon Pitncy
was forced by illness to retire from
the United States Supreme court ut
the heighth of his usefulness. En-
thuslastic and tiieless in devotion to
duty, he unStintingly drew upon his
reserve strength until Il seemingly
sound and vigorous constitution was
undCr nlined, and the collapse came
without warning to his associates
upon the bench or the public general
ly.
The stroke fell while he was Wis
itinc Philadelphia to join with Chief
Justice Taft and other membei> of
the Supreme Court in the rededica-
tion Of the room in independence
Hall where the court had held it's
first sessions. There Il blood-c -clot
formed in his brain. bu, prompt me-
dical attendance enabled him to re-
tuln |" Washington. By careful
nursing h." remained upon the bench
through the remainder of the term.
few >uSpccting his real condition. he
delivered th,cc opInions after his af-
flicuons those in attendance altii-
buting his husky voice and thick
enunciation I" temporary bronchi ial
trouble. instead Of semi paralysis Of
the vocal cords
Hone that he would be sufficiently
restol ed during the recess to permit
him to resume his judicial duties
: when the court reconveneh in OctO-
ber was dissipateu by Il second stroke
in August. 1922. Then his family was
advised by attending physicians that
the genial Justice, widely admired
for his ability and kindly disposition,
| was doomed to forced retirement. He
+, luctantly recognized the nevita-
BILE, and rendered his resignation to
! take effect December 81, 1922. He
| was succeeded upon the bench by
. Justice Edward +. Sanford.
Authorized Retirement
Congress promptly authorized mis-
retirement Although he had served
upon the Supreme bench nearly IL
years he was not eligible for retire
n,ent under the usual regulation be
cause only u years of age. the law
contemplating active service until
| the age Of seventy.
Medical certificates submitted to
, congressional committees i'm cOnnec-
! ton with the special retirement act
disclosed that since shortly after he
went upon the supreme Bench in
March 1912. he had been under treat
, ment for chronic Brisht's disease,
| which had slowly progressed, his con-
dition becoming precarlOus two years
before the public had warning. His
second stroke rendered him totally
incapable not only for further SER
vice upon the bench, but also for the
| management of his own private at
fairs.
To what extent the heavy burdens
he had imposed upon himself con-
tributed in Fastening total incapacity
must remain dcbatable, but his
friends were Of the opinion that he
had worked himself to a complete
collapse. He had offices at the Cap
itol, where the Supreme Court cham
bers are located, and there he re-
mained nearly every night until ten
o'clock or later. having his dinner
served there. denying himself not
only recreation hut also exercise. He
| usually reached his offices early in
the morning, putting i'm two or more
hours work before going on the
bench at noon. He was particularly
punctilious in attending the court, al
ways remaining throughout its four
hour sessions, and establishing a
high record for the number Of Opin-
ions he wrote. No member Of the
| court was more prompt than he in
preparing and rendering the courts
, decisions. and he earned for himself
recognition by his colleagues upon
the bench and by the bar Of the
court generally in all matters aris-
ing under equity laws.
Named BY Taft
1t was Mr.. Taft, who as. president,
appointed Justice Pitney to the high
est court where later they sat to-
gether. They had met at a dinner
given by the Governor of New Jer-
sey, where they occupied adjoining
seats. The future associate justice
was good story teller, humorous
and keen, and Mr.. Taft found in him
| a man after his own heart. They
snapped anecdotes and "reminiscences,
| and Mr. Taft carried with him from
! the dinner a profound impression Of
Mr.. Pitneys engaging personality
and ability. Golf was Justice Pit
| neys only source Of exercise, which
he enjoyed only during vacation per-
iods. He was engaged at the game
| when called from the links to receive
| d telephone message from Mrs. Pit
ney notifying him that President
| Taft had rendered him a place upon
the Supreme Bench.
! Continued on Dass y