The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-11-22
FORMER JUDGE
OF us. SUPREME
COURT is DEAD
joseph Mckenna. Attorney
General Under President
Mckinley. Sl,ccun,hs
QUIT BENCH IN 1926
Death Comes Sunday nj
WashingtOn--F'uneral Serv-
ices Will BE Tuesday

/ Washington, Nov. 22.- up Funer-
al services will be held here tomor-
row for Joseph Mckenna, former us-
sociate justice of the supreme court
Of the United States, who died here
early Sunday. lnterment will be
in Mount Olive Cemetery here.
Mr.. Mckenna retired from the su-
preme bench January &, 1926.
Path Led to Rench
Beaten paths led Joseph Mckenna
to the United States supreme court,
where he became by length Of service
senior associate justice. Like some
Of his colleagues and predecessors. he
had served upon lower federal
bench, and like others he had occu-
pied the office Of attorney general Of
the United States, but his elevation
to place on the nations highest
judicial body was generally attribut-
ed to friendship formed in con-
gress.
President Mckinley, with whom he
had served in the house Of represen-
tatives, called him from q United
States circuit court to his cabinet,
and nine months later, when his ad-
ministratiOn as law officer Of the
government had not been complete
success. placed him upon the bench
OF the supreme court to succeed an
other westerner, Justice Stephen X.
Field Of California.
While regarded by his friends as
possessing an engaging personality,
and held by them in the highest es-
TEEN, the general demeanor of Jus
tice Mckenna was austere, severe
and distant. Even while occupying
the political office Of representative
in congress he maintained an atmos-
phere Of reserve and restr4lnt, and
when he ascended the bench his
judicial robes magnified the impress
sion of exclusiveness which his ma
tural characteristics Of reticence and
retirement had created.
Was Tempermentsl
On the supreme court bench he was
tcmpermental ut times during the
argument Of counsel, showing what
some lawyers considered impatience
and harshness in propounding in
quiries and in commenting upon
cases under conside ration, but attor-
neys practicing before the court soon
learned that these mannerisms were
not true index to the man himself.
When brought into unofficial con-
tact with him off the bench, they
found under the veneer a most kind
ly consideration, joined with that
degree of courteous and painstaking
conventionality commonly associated
with the old school of colonial aristo-
Gratis. He at all times unstintingly
devoted himself to the business be-
fore the court, and frequently ignor-
ed his own personal convenience to
give patient attention to those who
sought him.
When he was named by President
Mckinley to place on the supreme
court, numerous protests. were filed
with the senate judiciary committee;
some charging that while serving as
attorney general he had excluded
himself even to those having highly
important business with the office.
and others setting forth that he had
not shown sufficient ability while on
the circuit court bench to qualify
him for the higher post. Upon in
vestigation. it was found that none
Of the charges was of sufficient
gravity to warrant rejection Of his
CONTINUED on page eight.)