Evening star., 1938-01-30
McReynolds, 76 This Week.,
Cives No Hint of Retirement
Justice One OF
. Last T,uO SO.Cnlled
Conservatives.
BY JAMES w. DOUTHAT,
Associated Press 8tar Writer.


Associate Justice James Clark Nc
Reynolds, Democrat who has been
the most consistent opponent of Roose-
welt administration legislation on the
Supreme Court, will be rs years old
next Thursday.
Indications are that the bachelor
jurist will celebrate the occasion by
sitting on the bench and listening to
arguments-his regular custom.
Despite his age, he still drives his
automobile and frequently goes duck
hunting. His health is excellent.
There have been many reports dur
ing the last year Of his imminent re-
tirement, but he has given no definite
indication as to when he plans to leave
the bench. Some observers would not
be surprised If he stepped aside at
the end Of the present term, next June.
Duty Relays Retirement.
1t is known that he has desired for
some time to quit, but would not do so
as long as he felt it his duty to remain
and oppose sustaining New Deal laws
that he considered unconstitutional.
The band of four that usually voted
against the administration on litiga.
tion before the tribunal has now
dwindled to two, owing to the retire.
ment of Justice Van Devanter last
June and of Justice Sutherland on
January lS.
This left only Justice McReynolds
and 7l-year-old Justice Butler, also a
Democrat, in the group described by
administration supporters as "con.
servatives."
Justice McReynolds. promoted from
Attorney General to associate justice
by President Wilson in 1914. holds top
position In years of service. Justice
Brandeis, named by Wilson in 1916,
Is second.
Hughes Service Broken.
Chief Justice Hughes became asso-
ciate justice in 1910, but resigned to
run for President on the Republican
ticket in 1916. He did not return as
head Of the court until 1890.
Because of his seniority, Justice
McReynolds sits at the right of the
Chief Justice, where he asks numerous
questions of attorneys arguing before
the tribunal.
He is Jealous in attempting to keep
lawyers from straying away into non-
essentials and always insists that Mey
clearly present the points at issue be-
fore plunging into their argument.
During the present term. tina. began
last October. he wrote the unanimous
opinion holding that the Department
of Justice could proceed in the South
err New York Federal District Court
with its antitrust suit against the
Aluminium Co. of America.
On the other hand, he wrote a dis
sent to the 6-to-3 majority opinion
holding that the Treasury did not have
to pay interest on gold bonds called for
redemption in advance of the maturity
date.
Effect of Bad Faith"
Mr.. Justice Sutherland, Mr.. Justice
Butler and l." he asserted, cannot
acquiesce in the conclusion approved
by the majority of the court. In our
view it gives effect to an act of bad
faith and upholds patent reputation.
Its wrongfulness is betokened by the
circumlocution presented in defense"
During the crucial period ending last
June Justice McReynolds voted against
the administration 20 times and sup
ported it times. Each of the seven
votes was on unanimous decisions.
Until the beginning of the October,
1886. term. he had voted against the
New Deal in 13 straight cases. He was
the only justice who voted against the
administration in the Tennessee VAL
ley Authority case involving sale of
transmission lines.
His reputation as a dissenter vas
gained by opinions he wrote disagree
ing to majority decisions giving the
Government a victory in its abro-
CATION OF contracts calling for pay