The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1937-05-18
WRITES LETTER
TO PRESIDENT
STATING
Gives Roosevelt First
Chance During Term
To FiIIHieh Post
CONTINUED from Page II

NN@@N---
Brandies, 80, and Sutherland, IS,
figured in these reports. But they
we're impossible of confirmation,
for the justices additionally keep
their own counsel and decline to
discuss their plans.
Accompany iIls these rumorS Of
ADDITIONAL retirementS was q
wave Of speculation as to whom
President Roosevelt will nominate
to succeed Justice Van Devanter.
The name of Senator Robert F.
Wagner CD of New York, who
has sponsored much New Deal
legislation, including the National
Labor Relations act, figured promi-
nently in speculation.
Wawner Silent
Senator Wagner declined to
comment on the retirement Of
Justice Van Devanter.
Justice Van Devanter disclosed
he has been contemplating resign
ing for some time, as he has not
been in robust health, and has
passed his seventy-eighth year.
He announced his impending re-
tirement in brief letter to PreSi-
dent Roosevelt, which was de-
livered to the White House about
GAS o'clock this morning. The
President was still in his bedroom,
and he made immediate &C.
knowledgement Of it in a brief
hand-written message, which con-
cluded with an invitation to JUS
tice avn Devanter to call upon
him at the White House before
he leaves Washington.
Justice aBn Devanter's retire
ment breaks the solidarity of the
conservative bloc in the court who
have voted the inValidation OF
much New Deal legislation. With
Justices Sutherland, Butler and
McReynoldS, and occasionally JUS
tice Roberts, this conservative bloc
accomplished the overthrow OF a
number of Roosevelt sponsored
laws. including the NRA, the AAA'
and the Guffey Coal Act.
Colleagues Regret
From two Of this group, JUS
tices Sutherland and Butler. came
a brief statement of regret at
their colleagues retirement. They
iec1Ied a ioint statement which
said:
"Hr. Justice Van Devanters
retirement will be q great loss 70
the court.
During the many years Of
his service (26) he has been .
tower Of strength.
SHis brethren have leaned
upon his wise counsel to . 10
gree which only they can ap-
preciate."
From Chief Justice Hughes also
came a brief statement praising
Justice Van Devanter'S services.
The other justices were silent.
Whoever is nominated by PreSi-
dent Roosevelt to succeed to the
vacancy cannot qualify until the
new term of the court next Oc-
tober. Hence it is not expected
there will be an immediate nomi-
nation. None is considered likely,
in any event, until the termina-
ton Of the present court fight.
Text Of Letter
Justice Van Devanter wrote to
President Roosevelt as follows:
GMy Dear Mr.. President:
"Having filled my commission
az an associate justice Of the Su-
preme Court of the United
States, and served in that court
for rs years, and having come
to be 7S years Of age, 1 desire
to avail myself Of the rights,
privileges and judicial services
specified in the Act of March
1, 1887, entitled 'An Act to Pro
vide for Retirement Of Justices
Of the Supreme Court and to
that end 1 hereby retire from
that regular active service ON
the bench-thiS retirement to
be effective on and after the sec.
Ond day Of June, 1887, that be.
ing the day next following the
adjournment Of the present
term Of court.
(Signed)
willis VAN DEVANTER."
Answer by President
President Roosevelt despatched
by messenger to Justice Vande-
vanter an acknowledgment of his
retirement announcement. It said:
"My Dear Mr.. Justice Van De-
Vanter:
81 have received your letter
Of this morning, telling me that
you are retiring from regular
active service on the bench on
June 2, 1887.
MAY / as one who has had
WASH times
Published daily except Sunday
H.