Evening star., 1939-11-16
Justice Butler
Dies Suddenly
Of Long Illness
Conservative Jurist
Was Stricken
In Midsummer

Associate Justice Pierce Butler of
the Supreme Court died early to-
day at Garfield Hospital from
bladder ailment with which he was
stricken in midsummer. He was
73 years old.
While hope had been abandoned
for the jurist's recovery several
weeks ago, death came so suddenly
that neither the attending physician
nor members of the family were
present. An official of the Supreme
Court said he died at Ala am.
Flags in front of the court were
lowered to half-staff.
Funeral arrangements were ex-
pected to be announced later in the
day. Burial will be in ST. Paul.
One of Old Bloc Left.
Justice Buffers death leaves on
the court but one member-Justice
James C. McReynolds, 77-of the
once powerful conservative bloc,
whose opinions, adverse to New
Deal legislation, led in 1897 to Presi-
dent Roosevelt's controversial court
program. which would have pro-
vided for the appointment of an
extra justice for each member who
refused to retire upon reaching 70.
Although Justice Butler was the
third oldest member of the court,
Chief Justice Hughes being the same
age as Justice McReynolds, he had
been reported in robust health dur
ing the term of court which ended
last June. He was taken to the hos
pital when first stricken, but later
was able to go home. After two
weeks, however, he was forced to re-
enter the hospital, where he re-
manned thereafter.
Justice Butler, sole Catholic on
the court, is survived by Mrs. Butler
and the following children: Pierce
Butler, jr.; William Butler and
Francis Butler, all of st. Paul: Leo
Butler and Miss Margaret Butler of
Washington and Mrs. Edward K.
Butler of Baltimore.
President Pays Tribute.
President Roosevelt today issued
statement in which he paid a
high tribute to Justice Butler, and
in addition to this he sent a per-
sonal note to Mrs. Butler.
The President in his statement
commencing the late justice said:
Il have known Justice Butler for
a great many years. I always re-
garded him as personal friend.
His undoubtedly great ability, his
compete frankness in the express
sion of his philosophy and his hon.
est convictions commanded my re-
spect and, in common with his many
friends, I sincerely regret his un-
timely passing"
Attorney General Murphy said:
America has lost in Justice But
Ter one who served with ability and
falthfulness, not only his fellow
men but the democratic system un-
der which he lived. He took his
stand on the grave issues of our
times with a rugged integrity and
unwavering obedience to his con-
ception of the right. So doing, he
gave strength to our process of
charting the Nations course by the
thoughtful weighing of conflicting
views"
Signed by Robert H. Jackson. So
licitor general. the Justice Depart
ment shortly before noon today is
sued the following statement on the
death of Justice Butler:
THE death of Mr.. Justice Butler
removes from public life one of its
most industrious and sturdy and
conscientious men. I often, in fact
generally, disagreed with his social
and economic philosophy, but that
does not prevent recognition of his
sincerity, his very strong and clear
intellect, and his indomitable
character. He has been a powerful
factor in the events of his time"
The family home is at 1929 Nine
teenth street NV.
Justice Buffers death means that
President Roosevelt's appointees
now will be in the majority on the
court. He already has named JUS
tices Hugo L. Black, Stanley Reed,
Felix Frankfurter and William O..
Douglas in succession to Willis Van
Devanter, George Sutherland, Ben
jamin N. Cardozo and Louis D.
Brandies. Justice Cardozo died; the
others retired.
Democrat, Justice Butler was
practicing law in st. Paul when he
came to the court II years ago.
His career was the traditional
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