Evening star., 1932-01-12
JUSTICE HOLMES,
NEAR 81, TO QUIT
SUPREME COURT
Hoover LaudS Service to
u. S. Since Civil War
in Acceptance.
CONDITION OF HEALTH
is GIVEN AS REASON
Retirement Makes Third Vacancy
to Occur During Present
Administration.

Oliver Wendell Holmes, 80 years old,
who has been a member Of the United
States Supreme Court since 1902, re-
signed today. The Justice, in a letter
to the President dated January IL, said
the condition of his health made the
move necessary and that the time
has come when must bow to the
inevitable"
In accepting the jurist's resignation
President Hoover expressed his apprecia-
ton OF Justice Holmes service, not only
as jurist but as an officer in the Civil
War.
In making public the resignation to-
day President Hoover gave no indica-
ton that he has any intention of filling
the place at once or that he has any
one in mind for it. The resignation
of the jurist, who will be 81 on March
8, had been generally expected.
Letter of Resignation.
Justice Holmes letter of resignation
TO the President follows:
aCCCTQdICe Will ILlt pION1SlOu "a
the judicial code as amended section
260-title %, United States code 375,
tender my resignation as justice of the
Supreme Court of the United States of
America. The condition of my health
makes it a duty to break off connec-
tions that I cannot leave without deep
regret after the affectionate relations
of many years and the absorbing in
terestS that have filled my life. But
the time has come and l now bow TO
the inevitable. have nothing but kind
ness to remember from you and from
my brethren. My last words should
be ones of grateful thanks With great
respect, your obedient servant, Oliver
Wendell Holmes"
President Hoover's reply Of accept
ance follows:
MY Dear Mr. Justice:
IT am in receipt of your letter OF
January u, rendering your resignation
from the Supreme Court Of the United
States must, Of course, accept it. No
appreciation could express would even
feebly represent the gratitude of the
American people for your whole life OF
wonderful public service, from the time
you were an officer in the Civil War to
this day-near your 9lst anniversary.
know Of no American retiring from
public service with such sense Of
affection and devotion Of the whole
people.
"Yours faithfully,
HERBERT HOOVER"
Is Third Vacancy.
Justice Holmes retirement from the
bench of the highest tribunal makes
she third time Mr.. Hoover since Presi-
dent has been called upon to make an
appointment to that bench, one of these
sncluding the appointment of Charles
Evans Hughes as Chief Justice to sue
eeed the late William Howard Taft
5he other occasion was the appoint
Snent of owen Roberts to succeed the
late Justice Sanford
In discussing Justice Holmes sue
EeSSor il was recalled at the Capitol
that Newton D. Baker, Secretary Of
war in the Wilson cabinet, had been
recommended for previous vacancies
even by Republican leaders. President
Hoover is known to have high regard
for Mr.. Baker.
The strength of Mr. Holmes has been
markedly leSSening in late months.
His step became somewhat enfeebled
at times and he has become stopped.
He frequently required the help OF
court pages or or his fellow justices
to take his seat and rise after the ses-
court.
Aided by Hughes.
It was noticeable yesterday that
Chief Justice Hughes held a firm hand
on the aged Justice Holmes arm as he
took his seat.
Although his speech has at times been
hating cough more pronounced, jus
tice Holmes has delivered his share OF
opinions in the brief period of this
term He delivered one only yesterday
his last
Justice Holmes was named to the
bench by President Roosevelt on De-
cember 4, 1902.
The son of Oliver Wendell Holmes
noted New England wit and author, he
had already made name for himself
as a justice on the Massachusetts, Su-
preme Court and his liberal trend was
pronounced then.
He has continued ii through the
years in flashing dissenting opinions
differing with the more conservative
members Of the court-and his words
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