Evening star., 1938-07-10
JUSTICE ECARD0z0,
NEW DEAL FRIEND
|NCOURT, EXPIRES
Famed Liberal Favored %
of 27 Laws Considered
in Historic Era.
RELAPSE FROM HEART
AILMENT ENDS CAREER
Weeks Fight to Regain Strength
Lost-Funeral Service to
Be Tomorrow.
~ the Associated Press.

~ the Associated Press.
PORT CHESTER, N Y. July o.
Associate Justice Benjamin N. Car
dozo Of the United States Supreme
Court died at $40 pm. today at the
home Of Justice Irving Lehman of the
New York Court of Appeals.
At his bedside were members Of the
household and his secretary, Joseph
Rauh, who announced the death.
Justice Cardozo had been i'll with
heart trouble since last winter In
the last few weeks he had spent much
time in an oxygen tent.
Justice Cardozo was 68 last May "a
He had long been a friend of President
Roosevelt and only today the Presi-
dent and Mrs. Roosevelt sent flowers
to him.
He came to Justice Lehman's home
from Washington in June to spend
the summer. after being forced by his
illness to miss all the spring sessions
OF the court.
Justice Cardozo had served on the
Supreme Court since 1892, when he
d was appointed by President Hoover.
Succeeded Justice Holmes.
Long celebrated as a liberal, he went
to the court as successor to Oliver
Wendell Holmes, famed as the great
dissenter."
Before that. he had been on the New
York Court Of Appeals since 1917.
He was born In New York the son
Of 4 Judge. was graduated with high
honors from Columbia University. and
passed the bar examinations without
any formal legal education on the
basis Of reading he had done in his
undergraduate years.
A stanch supporter of the New Deal
philosophy. he upheld % of u laws
brought before the Supreme Court in
the historic period from 1894 to 1897.
His death ended more than a weeks
light to overcome relapse from the
old heart ailment. The first news of
the relapse came on July 2, when
physicians reported he has not been
doing so we'll"
For the last three days, the iurist's
condition had changed frequently but,
it seemed. he was losing ground by
inches. Then early today his Sec
retary announced that Justice Car
dozo had passed a poor night, but
otherwise his condition is unchanged. ;,
Funeral to Be Tomorrow.
Mrs. Rauh, the secretary's wife, said
private funeral services would be held
Monday at pm. at the Lehman home
Rabbi Daiessurun Cardozo. assistant
minister of the Congregation Shereth
Israel. will officiate. Burial will be in
the Congregation Cemetery at Cypress
Hills. Long Island. Mrs Rauh said.
Justice Cardozo grew weaker
throughout the entire day." she said,
but he was conscious until the mo-
ment of his death.
He knew his friends about him, but
during the last few hours was able to
say nothing and to make no gesture
to them
Mrs. Rauh said later that three
cousins were en- route from their homes
In New York to Port Chester at the
time Of death.
Appointed to the high tribunal by
President Hoover, he voted % times
TO support New Deal-sponsored laws.
In only five cases did he turn against
Roosevelt-favored enactments. and in
those instances the courts decisions
were unanimous.
Stunned Technicalities
Justice Cardozo Stunned legal tech
nlcalities, contending that the law
does not stand upon punctilios."
The frail. soft-spoken scholar was
appointed to the court by President
Hoover on February IS, 1882, to sue
coed the late Oliver Wendell Holmes,
another famous liberal" He came to
(See CARDOzO, Page AID