The Nome nugget., 1924-12-13
ASSOCIATE JUSTICE PITNEY
 DIES AFTER LONG ILLNESS

Associate Justice Mahlon Pitney forced b! illness to retire from the United States Supreme Court at the height of his usefulness Enthusiast and tireless in devotion to duty, he unstintingl! drew upon his strength until seemingl. sound and vigorous constitution was undermined and the collapse came without warning to his asso cates upon the bench or the public generally.
 The stroke fell while he visiting Philadelphia to join with Chief Justice Taft and other members of the Supreme Court in the rededication of the room in Independence Hall where the court held its first sessions There blood clot formed on his brain. but prompt medical attendance enabled him to return to Washington. By careful nursing he remained upon the bench throughout the remainder of the term. few suspecting his real condition. He delivered three opinions after his afction those in attendance atributing his hucky voice and thick enunciation to temporary bronchial trouble instead of semi-parayss of the vocal cords
 Hope that he would he sufficiently restored dur ing the to permit him to resume his judicial duties when the court reconvened in October was dissipated by a second stroke in August, 1922 Then his family advised by attending physi- c;ans that the genial Justice. widely admired for his ability and kind disposition, doomed to
 
 eytable and rendered his resignation take effect December 31 1922 He was succeeded upon the bench by Justice Edward T Sanford
 Congress promptly authorized his retirement. Although he had served upon the Supreme bench nearly II years he not eligible for retirement unde rthe usual regulation because only GA years of age. the law contemplating active service until the age of seventy
 He was appointed to the Supreme Court by William Howard Taft who later joined him on the bench He brought into the court ripe ex- per;ence obtained by service in Congress in his State Senate and as chancellor, Born at Morris town. N J.. February 5, 1858, he was graduated form Princeton at the of 21. and took up the study of law in his fathers office. being admitted to the bar three years later without having attend ed law school After practicing law twelve years he elected to the 54th congres as republican, live issue he entered with characteristic thor oughness into the subject So excellent his preparation as a member of the house committee which had the subject in charge. that he chos- en to present the committee report to the house. represent the committee in the floor proceedings
 Like the late Chief Justice White Justice Pitney proud of the right to dissent and dld not hesitate to avail himself of it. although to do so increased materially the amount of study and prep aration necessary on his part. In more than one case his concisely worded dissent pointed out defects in legislation in such way to enable the law-making bodies to correct them.
 His two service in the artillery during the world war one as Captain in France. where he wounded. After discharge from the army the elder son entered upon the practice of law in Newark, N. j., and the younger having reached the rank Lieutenant the military service. returned to his studies at Harvard The Justice had one daughter who introduced to society shortly after his retirement fromthebench
 Justice Pitney of the few men to read their own obituary in the newspapers. In com menting the incident he aughingly remarked that he was "the only living for whom the flag over the House of Representatives at Washington had been placed at half mast" The incident occurred shortly after his resignation from the House, when upon submitting to slight surgical operation r-port of his death was circulated.