Evening star., 1938-01-05

The retirement date fixed by Justice
Sutherland falls on the first day of the
next two-week recess of the court. the
period during which the justices pre-
pare opinions. There will be two more
opinion days during the interim which
will give the justice an opportunity to
deliver any opinions he may have pre-
pared.
Letter Of Retirement.
Justice Sutherland's letter to the
President follows:
My Dear Mr.. President:
Having reached the age Of more
than IS years, and having held my
commission IS associate justice of 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 l.
1887, entitled An act to provide for
the retirement of justices Of the Su-
preme Court desire to avail myself
Of the rights. privileges and judicial
service specified in that act, and to
that end I hereby retire from regular
active service on the bench, this re-
tirement to be effective on and after
Tuesday, the 18th day of January,
1888"
Speculation on Successor.
Justice Sutherland's retirement will
give Mr.. Roosevelt his second appoint
ment to the court, Justice Black hav-
ing been selected last June to fill the
vacancy created by the retirement Of
Justice Van Devanter.
Speculation as to Justice Suther-
lands successor began Immediately,
centering around three men. At the
time of the selection of Justice Black
the President had reduced a long list
Of possible nominees to three-Justice
Black, Solicitor General Stanley Reed
and Senator Minton, Democrat, of
Indiana. Either of the latter two is
regarded as a probable nominee now
and some believe the post may be
given to Assistant Attorney General
Robert H. jackson, who has taken
the lead in the administration drive
against monopolies.
It is q curious fact that Justice
Sutherland two days before announc-
ing his retirement delivered the
courts unanimous opinion upholding
the legality of F. w. A. loans and
grants for municipal power projects,
highly important victory for the
New Deal.
Foe Of New Deal.
Long identified with the conserva-
tive element on the bench, Justice
Sutherland had sided almost invari-
ably with Justices McReynolds. Butler
and Van Devanter in opposing legis-
lative enactments backed by Mr..
Roosevelt. To the beginning Of the
October. 1887. term he had voted
against the administration IL times
and for 1t once, the single instance
being in the Tennessee Valley Au-
thority case, q qualified victory for the
New Deal.
Since then he voted for the ad-
ministration In every case except the
unemployment insurance provisions Of
the Social Security Act, the Wagner
Labor Relations Act as applied to press
associations and manufacturing con-
Germs and the decision In the so-called
gold bullion case.
Noted for Dissenting Opinions.
Firmly opposed to the slightest in
fringement Of the Constitution Is he
saw it, Justice Sutherland had . gift
for forceful expression that made his
opinions interesting to laymen as well
as lawyers. This was exemplified In
his dissenting opinion in the 5-to-4
decision upholding the Wagner act In
the Associated Press case when he
said:
do the people of this land
favored, as they sometimes boast,
above all others in the plentitude Of
their liberties-desire to preserve
those 80 carefully protected by the
first amendment: Liberties of religious
worship, freedom Of speech and Of the
press, and the right - free men,
ueaoaahly to> assAmhla and pe&tttoo