The Waterbury Democrat., 1937-05-18

of the retirement, which will send Van Devanter into private life on retirement pay of 420,O00 annually, was expected to have an influence on the court fight.
 Named By Roosevelt
 Van DeVanter first was appointed to the federal judiciary by President Theodore Roosevelt, who named him to the eighth circuit court of appeals. On this bench he wrote the opinion holding the great Standard Oil combine 8 violation of the Sherman anti-trust act.
 On January 3, 1911, President William Howard Taft named Van Devanter to the supreme court, which approved his Standard Oil decision after he ascended the bench.
 Many Famous Opinions
 Van Devanter was author of many famous opinions while on the supreme court. One of the most out standing was the opinion upholding the validity or the Volstead act and the 18th amendment in the first Rhode Island test cases.
 The opinion, on SO highly con- troversial a subject, was widely cri- ticized. Even in legal circles and on the bench itself some fault was found because the court did not set down the reasoning which led to its various conclusions.
 Perhaps the best commentary on this dispute, however, was the fact that the court never again found itself obliged to pass on the basic question until 1881 in the Clarke case. At that time, with the person. mel of the court greatly changed, the decision was unanimously ap- proved.
 Only yesterday the supreme court announced that it would adjourn for the year on June l. Van De- vanter apparently had been wait ing only for the final decision on a court adjournment date in order to announce that he was quitting his court position.
 Letter. of Resignatio n
 His letter of resignation to MT. Roosevelt read:
 |
 Having held my commission as an associate justice of the supreme court of the United States and served in that court for 26 years and having come to 78 years of age, desire to avafl myself of the rights, privileges and judicial ser- vice specified in the act of March 1, 1887 entitled "An Act to Provide for Retirement of Justices of the Supreme Court" and to that end hereby retire from regular active service on the bench-this retire ment to be effective on and after the second day of June, 193Z that being the day next following the ad- journment of the present term of the court.
 q have the honor to remain
 "Very respectfully yours,
 WILLIS VAN DEVANTER."
 Senior in Years Van Devanter, senior in years of service to all other members of the supreme court and older than any other justice except the veteran liberal, Louis Dembitz Brandeis, has long been expected to retire. It was beleived he had continued in his supreme court post for some time longer than he had personally de- sired because Of the constant series of important issues placed before the court for decision by constitu- tional testS of New Deal enact- ments.
 Only Justice James Clark McRey- holds has voted against the constl- nationality of more New Deal meas ures than has Van DevanteT. Of g votal New Deal cases, Van De- vanter has joined his conservative colleagues, Justices George Suther- land, Pierce Butler and Mickey holds in condemning 13 Roosevelt enactmentS.
 Relieved of Duties Despite his leading part in court opposition to administration legis- lation, Van Devanter has never written a major majority or minor ity opinion upon New Deal ques- tion. This was attributed to his age and frail health. Court colleagues relieved him so far as possible of routine duties.
 Like all supreme court justices, Van Devanter has lived a quiet and more or less secluded life, especially since the death of his wife in 1884. His associates said he had conSid- cred leaving the court at that time but was persuaded to continue tenn | porarily.
 Friends of the white-haired jus tice said that he had been contem- plating retirement for the last two or three years and had definitely made up his mind to do so when congress this session adopted the law providing for retirement on full pay. Van Devanter felt, however, that he should not relinquiSh his duties until the present term of court was completed.
 Letter Arrives
 The White House said Van De- vanter's letter of resignation arrived by special messenger at 9:45 8. m. The justices note was typewriter. It carried no notation that the typ ing had been odne by Stenogra- pher or secretary, signifying pos sibly that Van Devanter had typed | it himself.
 The source which revealed MT. Roosevelt's interpretation of the re- tirement, said the president was surprised "only to degree" by Van Devanter's message.
 q think the timing surprised | him" the source said.
 The White House answered mo comment to questions regarding appointment of successor.
 President Answers
 The president wrote in pencil the following letter accepting Van De- vanter's resignation. had it type written and sent it to the retiring justice:
 l AKr TVIcti0n Uon Oa-