Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-05-18

CONTINUED From First Page.)
next following the adjournment Of the
present term Of the court.
Il have the honor to remain, very
respectfully yours.
"(SigneO WILLIS VAN DEVANTER.
1.-The President"
The act to which the justice referred
permits justices over 10 to retire 1T
full pay-$20,000 annually.
Has Served on Court Since 1911.
Van Devanter has been a member
of the court since 1911. Considered 4
conservative by the administration,
his departure from the bench will
give President Roosevelt an oppor-
tunity to select successor-his first
appointment to the bench.
There was instant speculation on
Capitol Hill over the effect Van De-
vanter's action would have on the
court fight. Administration leaders,
however, awaited word from the
White House.
The retirement created the first
vacancy on the court since 9l-year- old
Oliver Wendell Holmes resigned in
1882 after serving 80 years. He was
succeeded by Justice Benjamin N.
Cardozo.
Until the beginning Of the present
term of court last October, Van De-
vanter had voted against adminIstra-
finn QFfi0Y 1one 70 finnAe
it once in litigation before the tri-
bunal. The sole exception was the
Tennessee Valley Authority oontro-
versy and the decision did not involve
constitutionality Of the act.
Opposed Wagner Acts Application.
This term, however, he voted in line
with the administration nine times
and against it three times. Two of
the three votes were against appli-
cation Of the Wagner labor relations
act to the Associated Press and to
manufacturing concerns. The other
was against the administrations con-
tention that the congressional resolu-
ton abrogating payment OF obliga-
tons in gold applied to bullion as
we'll as to coin.
II q justice whose views were those
OF administration lawyers had been on
the bench instead of Van Devanter
since Mr.. Roosevelt was inaugurated in
1888, it would have changed the out
come of only three major cases.
These involved the New York law
establishing minimum wages for
women, the railway pension act and
the municipal bankruptcy statute-all
5-to-4 decisions. The court has since
reversed itself and upheld a Washing
ton State law fixing women's minimum
wages. Plans also are under way for
. revised railway pension measure.
Only IA justices in the history Of
the Nation have surpassed Van De-
vanter in length of service on the high
court. He was 4 member Of the tri-
bunal for 26 years. The record Of "a
years was established by Justice Field,
who served from 1853 to 1897. The
famed Chief Justice John Marshall,
who died in 1885, was beaten by .
few months.
Despite his age, Van Devanter ap-
peared to be in excellent health. He
delighted in tramping over farm he
recently bought in Maryland. And
he went duck hunting as often Is he
could.
Failed to Obtain License.
Only few months ago he received
considerable public attention Is q
result of his failure to obtain = 81
hunting license stamp before blazing
away at the canvasbacks along the
Potomac River in Virginia.
He was accosted by q game warden,
who asked to see the stamp The
Justice admitted he had none, and
pleaded ignorance of the law After
Rev. Re Barney Phillips, chaplain of
the Senate, had revealed Van De-
vanter's identity the warden departed
chuckling. A stamp Immediately was
procured.
Earlier he attracted attention BY
his refusal to accept benefit payments
under the agricultural adjustment act,
which he helped to hold unconstitu-
tional
His wife, who died in 1884, had
owned several Montana wheat farms
operated by tenants. When the
justice received the A. A. A. benefit
payments he promptly returned tho
money.
Because I voted for the invalida-
ton OF A. A. A." he explained, Il
do not feel I could accept the checks. +"
Served Three Chief Justices.
Van Devanter served under thre.
Chief Justices - White, Taft And
Hughes. Friends said 1t was the ell
derby jurists intention to make him.
self available for service on asstan-
ment by Chief Justice Hughes to one
OF the Circuit Courts Of Appeal. He
was expected by intimates to spend
most OF his time on his 78S-acre farm
near Baltimore.
The justice was considered the
courts authority on Federal turisdic-
ton, public lands and water rights
Whenever q case involving those ques-
lions was under argument, he took q
leading part In questioning the attor-
neys. His questions were SEARCHING
and directly to the point Of the con-
troversy. He sat 1T the right Of Chief
Justice Hughes.
During recent years he wrote fewer
opinions than any other justice. He
delivered only one opinion during the
term ending In June, 1885, and only
two the following year. He wrote
none during the 1867 term.