The Daily Alaska empire., 1938-07-11

g occasions Cardozo sided with the administration The other five cases found the court unanimous n- validating the NRA the original farm moratorium the home loan law the refund of impounded taxes under the AAA and the dismissal by the chief executive of a federal trade commissioner.
 Cardozo dssented from six majority opinions,
 those against the agricultural adjustment act and in the Guffey coal railroad retirement municipal bank rlptcy, securities registration and hot oil" cases In the oil case dissent he was alone
 He wrote famous majority opinions on New Deal laws which upheld, notably those which sustained the unemployment and old age pension pro- visions of the social security act.
 Tn these he made clear his conviction that the constitution must not be construed rigid frame work but as a living organism which must grow to meet the changing needs of the nation.
 Nor the concept of the general welfare static" he wrote. Needs that or parochial a century ago. may be interwoven in our day with the well being of the nation. What is critical or urgent changes with the times"
 He read his opinions in a rather high-ptched voice thin smile usually his face The documents were noted for their clarity and literary quality. Possessing tremendous capacity for work despite a somewhat frail physique, he indited more than his proportional share of the courts opinions
 His manner the bench was of gentle cour- tesy especially when he questioned counsel His in- quiries. however frequently brought out points in- adverently deliberately. concealed by the arguer
 By many he was regarded as the courts outstand- ing authority common law.
 Unvarying in his personal routine of early rising, long hours of work and early retirement he also meticulously punctual He always was on time for sessions and conferences of the court and almost never missed day from his duties.
 There goes the man who writes the most power fu English of any Columbia student since Alexander Hamilton" one professor is reported to have said of Cardozo while he was yet undergraduate
 The future jurist did not go through law school. He read for his profession with his liberal arts educa tion foundation and passed the New York state bar examinations in 1891 In practice early became renowned for his keenly analytical mind and much of his work a lawyers lawyer" with appellate cases as his special field
 An independent Democrat in politics he was elected in 1913 a fusion ticket to the New York Supreme court tribunal of original jurisdiction In February of the following year when he had been on the bench only one month, Gov Martin H. Glynn, Democrat named him to the state court of appeals when that body asked for additional justices to clear it's calendar.
 This action, ignoring the claims of the ranking members of the supreme court was based upon the unanimous request of the judges of the court of ap peals The governor pointed out to them Cardozo's Juniority and the fact that he not member of the appellate division but they renewed their un- animous suggestion. and he appointed
 In 1917 Gov. Charles S Whitman a Republican made him permanent member of the court of appeals in succession to Samuel w. Seabury who had resigned to for governor Then in the fall of 1926 Cardozo nominated by both maior parties succeed Frank H Hiseock chief judge and he was elected for full term of IA years.
 This would have brought his service at Albany to 194O when at TO he would have been eligible for retirement But his appointment to the nations su- preme court by President Hoover February l5 1892 transferred him to Washington