Evening star., 1932-01-12
HOLMES RESIGNS
| FROM COURT At 90
Famous Jurist Bows "to the
Inevitable" e"-H0over
Lauds Service.
Continued From First Page.)

indicated with deep feeling that he re-
allied that his strength was failing.
THE work is never done while the
power to work remains" he said, but
he ended with:
And so I end with the line from a
Latin poet who uttered the message
more than 1,500 years ago
| Death pluckS my ear and says:
| Live am coming.
/ Chief Justice Hughes was one of
those who participated in the cere-
monies paying tribute to Holmes that
night. Stately and dignified, Hughes
sat in the Office of broadcasting COM
pany and listened to Holmes voice
Visibly affected, the Chief Justice
shook his head
II hope he lives many years longer"
he commented to those around him.
I'VE need men like him"
Justice Holmes has been failing in
health rapidly since the beginning of
the present term in october. He had
been anxious to remain on the bench to
celebrate his e1st birthday anniversary
next March, but his strength has been
waning fast
| While he has struggled with the same
| determination and grit that he demon
strated during the Civil War, when he
was seriously wounded three times, his
colleagues on the bench have been con-
scious for some time of. the fact that
the end of his active service was rap
| lily approaching.
Aided by Brandeis.
| All the last week Justice Brandeis,
bis old friend, has been personally aid
ing him on going on and coming off the
bench. which required the ascending
and descending of few steps.
Since the death of his wife q few
years ago, Holmes-Save for his regular
visits to the .court-Spent most of his
time within his red brick home, 1920
| street
He never went out at night and was
alone save for his secretary-chosen
yearly from among the honor students
of his alma mater, Harvard-and the
servants
When Justice Holmes left the court
room at the adjournment of the court
| yesterday afternoon, he announced he
| would remain at home today and his
failure to appear when the court as
sembled this morning caused no par
ticular comment.
Vacation Suggested.
Owing to his pronounced feebleness
1t had been suggested that he would
probably take protracted vacation,
and 60 South in search OF more favor
able weather
Some of his predecessors, on reaching
advanced age, had remained actively as
members of the court for months with
out discharging any official duties or
| in attending its sessions. 1t was
thought Justice Holmes might do so.
Several years ago he announced his
intention to remain in harness as long
as health would permit, and this term
he had been hoping that he would be
able to keep up the fight until after
his 91st birthday anniversary.
| The court was in session when the
resignation was announced.
Justice Brandeis, Holmes closest as
sociate, was confined to his home by
slight cold. ..-
The physical condition of Justice
Holmes caused expressions of sympathy
from all who noticed the great difficulty
he has been experiencing for months.
He has during the present term
handed down number of decisions, but
all of them have been Of minor conse-
quence, and have been delivered only
after unusual effort to whip them into
form acceptable to his associates.
Opinion Delivery Difficult.
When in his prime, he had no diff
Guilty in quickly writing most important
decisions in a style of exquisite beauty
and he was forceful in their delivery
Recently, however, it has been difficult
for him to deliver the opinions IN oper
court even when reading from printed
copy.
Yesterday the decision he rendered
was in prohibition nuisance case from
California. His voice could not be
heard at distance OF feet. His
words were thick His associates or
the bench were aware that the time
was near at hand when he would nc
longer be able to discharge his Judicia
duties.
Opposed Conservatives.
; For years the views of Holmes anc
Brandeis and Harlan Fiske Stone have
differed on many fundamental legal is
sues with those of the more conserva'
tive members of the bench.
The late Chief Justice Taft and Jus.
tice Edward Terry Sanford consistent.
ly agreed with Justices Butler, McReyn'
olds, Van Deventer and Sutherland.
The accession of Hughes, however, al
, Chief Justice and Owen j. Roberts
brought change.
| lnPN SlUeQ WIFI 11OlllltS dllOSlo dlll
Stone on such important cases last tern
as the Indiana chain store tax, holding
the heavy levy on the chains legal, anc
combined to kill Minnesota news
, paper law which had been used to sup.
press weekly.
This Supreme Court term is young
but already Holmes and his two col
i leagues have dissented four times. II
, addition there. was another case II
) which Holmes and Brandeis dissentec
! without Stone objecting to the verdict.
None Of these cases, however, are re-
. garded as presenting the clearly defined
' lines as those of last term, which at.
tracted Nationwide attention.
Stopped Rumor of Quitting.
! Some years ago period of bad health
led to reports that Holmes intended tt
quit. He stopped this speculation with
letter to friend in which he sale
that he would 60 on as long as hi
strength permitted.
There would be nothing left for me
to do but die if quit" he once whimsi.
cally commented to friend after the
death of his wife, land I'm not particu-
, larly keen about dying"
Expressions Of admiration for him a!
a man and a iuriSt Immediately began
coming as word of the resignation
spread this afternoon. One of the first
to speak, Chairman Summers of the
House Judiciary Committee, said. He
has had a remarkable and illustrious
career, adding much to the dignity and
standing of the court. not only in the
United States, but throughout the
= world"
S Majority Leader Rainey of the House
I said His resignation is a distinct loss
I am sorry conditions compelled it."
Born in Boston, March s, 1841, Jus.
! tice Holmes attended the common
!, schools before entering Harvard, where
he was about to graduate when the
= Civil War broke out. He at once vol.
! unteered writing his class poem In
E camp and receiving his degree later.
: At Balls Bluff, near Washington, lie
was shot through the chest. On the
| ++iassII As.tiata,,a ar,era VS.