The Waterbury Democrat., 1938-01-05
Justice Sutherland
 Seeks Retirement
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(COnGlnueQ l holds. Justice Owen J. Roberts pop- ularly is regarded as the "unpredict- able" because of the frequency with which he changes his vote from the conservative to the liberal groups and vice-verSa.
 Friends and associates said that Sutherland indicated strong desire to continue occasional work as a judge in the lower courts but that he felt the long hours of study re- quired of Supreme Court Justices and precarious health to stand. were too much for his advanced age During recent years Sutherland on several occasions has been Ill for short periods.
 Letter to President
 Sutherland's letter to the PreSl- dent said:
 My Dear MT. President:
 Having reached the age of more than 75 years, and having held my commission as associate justice on the supreme court of the United States, and served in that court for Is years, and thus being eligible for retirement under the Summers act of March 1, 1897, entitled An Act to Provide for Retirement of Jus tices of the Supreme Court de- sire to avail myself of the rights, privileges and judicial service spe- cifled in that act; and to that end I hereby retire from regular active service on the bench, this retire ment to be effective on and after Tuesday, the 18th day of January, 1888.
 every respectfully yours,
 GEORGE SUTHERLAND" Sutherland's retirement followed Van Devanter'S by months.
 Van Devanter's resignation came near the conclusion of the historic fight over President Roosevelt's his- toric judiciary reorganization plan.
 What Act Provides
 The act provides that supreme court justices may retire at the full $20000 per year salary and may be called back to active service in lower courts at the direction of the chief justice.
 Van Devanter is sitting as judge in the federal district court for southern New York, having been named to serve there during Jan- uary by Chief Justice Charles Evans Hughes.
 Friends of Sutherland said he planned to offer his services in the future in the same manner as did Van Devanter and that he expects to sit occasionally in lower federal tribunals.
 Similarly, Sutherland also was said to plan to continue his resi- dence in Washington. Van De- vanter also has maintained his cap- ital residence.
 Born Outside of U. s.
 Sutherland, one of the four men born outside of the United States ever to sit upon the supreme bench, was enlisted among the conservative branch of the court during his 16 years on the bench.
 He was appointed in 1922 by Pres ident Harding and from his first appearance on the bench, his career was distinguished for conservatism. Joining 8 court whose membership at that time fundamentally was conservative, Sutherland adjusted readily into the tribunal at that time.
 Near the end of his tenure as an associate justice, however, he joined with the majority in upholding old age pension provisions of the Social Security law.
 Scholarly Writings
 His judicial writings were consid- cred scholarly but they provoke ed many and furious dissentS by the liberal minority. His vote on ques- tions involving the New Deal was cast consistently on the conservative side and on matters of state emer- gency legislation he likewise voted with the same group.
 From Sutherland's pen came the decisions invalidating the Guffey coal control act and powers of the securities and exchange commission to interrogate witnesses. He voted to condemn AAA, MIRA and the muni- cipal bankruptcy act, railroad pen- sions and hot oil legislation. He voted in favor of IVA and old age pensions and against the New Deal in the gold cases.
 Born in England
 Sutherland was born March 25, 1862, at modest home in Waiting street, Stony Stratford, Bucking- hamshire, England. His Scot father and English mother at that time al- ready had their faces turned to America.
 A year later they reached the shores of the new continent and made the long trek across the plains to the Rockies where they settled in Springville, Utah.
 Though not Mormons themselves, they followed but 16 years in the What Causes Epilepsy?
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