Evening star., 1941-01-22
BY JOHN T. SUTER,
Associated Press Stan Writer.

ASSOCldIeQ freSS Sldll "illtI
Justice James Clark Mercy
nolds, outspoken opponent OF
much New Deal legislation, no
titled President Roosevelt today
he would retire from the Supreme
Court February after 26 years
Of service.
The veteran jurist, who will be
70 years old February 3, was the
only member of the tribunal de-
scribed by administration officials
as conservative.
His retirement opens the way for
Mr.. Roosevelt to make his sixth
appointment to the nine-man court.
There have been reports that Chief
Justice Hughes, 78, might retire
soon, but they have been uncon-
frmed. Friends expressed the belief
that Mr.. Hughes would remain on
the court as long as his health
permitted him to do the work.
Attorney General Jackson has
been mentioned frequently as pos
sible appointee to the first vacancy
on the court.
Two-Sentence Letter.
Mr.. McReynolds' notification to
the President was a formal, two
sentence letter. 1t stated his in
tention of withdrawing from the
court under the law permitting the
retirement at full pay of $4,000
annually of justices over 70 who
have served 10 consecutive years on
the Supreme bench.
It have the honor to advise you"
Mr.. McReynolds wrote, that on the
first day of February next I will
avail myself of the rights, priv
ileges and obligations declared in
the Act of Congress entitled an
Act to Provide for Retirement OF
Justices of the Supreme Court ap-
proved March l, 1887 and re-
tire from regular active service on
the bench as an associate justice
of the Supreme Court.
Continuously since 1914, I have
held a commission as such justice
and am now more than 10 years
old"
Congratulated by President
Acknowledging the letter from Mr.,
McReynolds, the President wrote,
under today's date:
Dear Mr.. Justice:
IT have the honor to acknowledge
receipt of your letter of January %
advising me of your purpose to re-
tire on February l next from regular
service on the bench as an associate
Justice of the Supreme Court.
Permit me to congratulate you
on your long service and to wish you
many years of health and happiness.
VERY sincerely yours,
"FRANKLIN D. ROOSEVELT"
Speculation over a successor to
Justice McReynolds included long
list of persons ranking high in the
legal world.
West Now Unrepresented.
Those prominently mentioned in
cluded such administration stalWarts
as Mr. Jackson. who has argued
many New Deal cases before the
tribunal: Senator Wagner of New
York, Thurman Arnold, Assistant
Attorney General in charge of anti
trust law enforcement, and Senate
Majority Leader Barkley.
Among the names mentioned by
those who believed the appointment
should go to the West, now unrepre-
sented, was that of Judge Harold
Stephens of Utah, member of the
United States Court of Appeals for
the District of Columbia. Mr. Ar
mold is from Wyoming.
Advocates for the nomination of
q woman advanced the name of
Florence E. Allen of Cleveland. a
member of the Sixth Federal Circuit
Court of Appeals.
1t also was suggested in some
circles that it was entirely possible
to name to the court one who is not
a lawyer. This has never been
done, but there is no constitutional
requirement that a Supreme Court
justice be a member of the legal
profession.
Other Names Mentioned.
Others mentioned in unofficial
speculation included
Solicitor General Biddle, former
Judge of the Federal Circuit Court
at Philadelphia.
Lloyd K Garrison, dean of the
(See McREYNOIDS. Page AID