The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-01-12
HOLMES QUITS
HIGH COURT,
HEALTH FAILS
Patriarch of U. S. Bench to
End Long Service With
Supreme Tribunal.
VOICES DEEP REGRET
Hoover Praises Beloved
Justice as He Goes to
Private Life.
By United Press

By United Press
WASHINGTON, Jan. 12-Justics
Oliver Wendell Holmes today re-
signed as a member OF the United
States supreme court.
The resignation has been ac-
cepted.
President Hoover announced the
retirement of the patriarch of the
American bench at noon today.
The aged justice, in a letter to
Mr.. Hoover, said he left the SUI
preme court with deep regret. but
that the condition of his health
made his resignation necessary.
In letter of acceptance, Mr..
Hoover expressed appreciation for
Holmes long and honorable service
on the bench. He knew of no
American who had inspired such
respect and devotion.
Reads Last Opinion
Justice Holmes read his last
opinion in the supreme court Mon
day. 1t was one upholding the
legality of a conviction in a liquor
case from Eureka, Cal, although 1t
was shown that the defendant had
not had possession of liquor him
self. 1t was a particularly COM
plicated case.
The justice appeared to be labor
ing under difficulty as he read the
opinion. Court was delayed for
three minutes at the opening while
he was assisted to the bench.
He read in a voice even louder
and more firm than usual and those
who heard him commented on the
heroic figure he presented, his white
mustache bristling and head shak-
ing, as he emphasized his points.
Ill Last Summer
The 90-year-old justice was i'll
for a long time last summer while
the court was in recess. He suf-
fered for a time with a, severe cold,
in his New England home, But he
recovered with speed which
caused comment from physicians.
who considered his age such as TO
make any illness serious.
Since his return to Washington
for the winter session of the court
it had been evident that his health
was failing. He was given assist
ance frequently as he left his home
for the court, but he was at his
work regularly, porting over cases
which were assigned to him and
taking an equal share Of the work
with the younger members of the.
court. His associates on the SUI
preme bench marveled at his tenac-
ity. When he read an opinion they
listened and watched intently.
Justice Brandeis has been with
him much Of the time recently. The
two come and go from court to-
gether.
Letter of Resignation Read
The President, in making public
the resignation of Justice Holmes.
personally read to newspaper men
the following letter of resignation:
Mr.. President-In accordance
with the provision of the judicial
code as amended Section $50. title
% United States Code 375, I tender
my resignation as justice of the SUI
preme court of the United States OF
America.
THE condition of my health
makes it duty to break off con-
nections that I can not leave with
out deep regret, after the affection
ate relation Of many years and the
absorbing interests that have filed
my life.
But the time has come and I
bow to the inevitable. I have Moth
ing but kindness to remember from
you and by my brethren. My last
word should be one of grateful
thanks.
With great respect, your obedient
servant,
OLIVER WENDELL HOLMES"
Holmes, dean of the American
bench, is the oldest man ever to sit
on the supreme bench. He will be
81 next March 8.
Wounded in Civil War
He was the only surviving Owl
war veteran in high official life.
Born in Boston, the son of the
famous "Autocrat of the Breakfast
Table" Of the same name, Holmes
fought through the Civil wars
bloodiest battles and thrice was
wounded.
He has served on supreme courts
for nearly half century. He was
appointed to the Massachusetts,
supreme judicial court in 1885. In
1899, he was made chief Justice Of
that court, and in 1902 Presidents
Roosevelt chose him for the fed
eral supreme court.
The resignation marks the end
of one of the most remarkable
figures known in modern history,
Holmes has said repeatedly that
only incapacity would force him to
leave his beloved work, the law.
which has been practically his en-