Evening star., 1946-04-23

to fair return" on only SO much of
the companys capital as had been
'prudently invested; permitted
States to impose sales or use taxes
on national defense contracts made
on cost t-plus basis, and held that
intrastate transactions which COM
pete in a substantial way with inter
state business should be covered by
the Federal power over marketing
of the Nations products. The case
in point concerned intrastate sales
of Illinois milk in competition with
milk brought in from other States.
Justice Stone also dissented
from the majority ruling in a cele-
brated decision that cities could
require license fees from members
of 'Jehovah's Witnesses" who dis
tributed literature seeking contribu-
tionS.
Among better known majority
opinions written or concurred in
by Justice Stone were those uphold
ing constitutionality of the 1888
Federal wage-hour law; sustaining
the power of Congress to regulate
primary as we'll as general elections
in which members of Congress
would be chosen; ruling that Fed
eral Government employees are sub
ject to State income taxes, and
holding that regulation of prices
and the suppression of competition
among the purchasers of patented
articles" are not allowed by the
Sherman Antitrust Act and the
patent laws.
Expert on Tax Matters.
One of the most recent ma ajority
opinions read by the Chief Justice
upheld legality of the military court
proceedings which ended in a death
sentence and execution of the Jap
anese General Yamashita.
In physical appearance as well as
scholarly study and long legal ex-
perience, Harlan F. Stone not only
looked the part of Chief Justice,
but he also devoted tireless energy
and profound thought to the obli-
cations of that office.
When he first assembled the Su-
preme Court bench, he was a recog-
nized expert on tax matters and
patent law. He nevertheless wrote
opinions on variety of other sub
Jects. From an administrative
standpoint. he has been praised
for following the practice of Chief
Justice Hughes in trying to keep
the court calendar up to date. de-
spite recent difficulties resulting
from the the absence of Justice
Robert H. Jackson at the war GRIM
lnal trials in Germany.
The physical strength he built up
during his youth and later with
President Hoovers medicine ball
cabinet worked in his favor. On his
10th birthday anniversary in 1912,
he said he had no intention of
retiring, despite the inducement of
a pension at his full pay OF s20,5O0.
To photographers he jokingly re-
marked on his I'D birthday ami
versary, that he would pose for
them again in 20 years.
Ill for Time in 1886.
Associates remarked that they
could recall only one spell of ILL
ness that kept him off the bench
during the past 21 years. That was
in 1886 When he went on the
Supreme Court in 1925, he was the
youngest member. When he died,
he was the oldest, but his record
of years still did not match those
of Justice Holmes who retired at
81, and of seven others who were
30 or more when they stepped
down
There have been only two others
who served as associate justice and
Chief Justice-Charles Evans Hughes
and Edward Douglass White.
Mr.. Stone was the last justice ap-
pointed by President other than
Presidents Roosevelt or Truman
Although former Chief Justice
Hughes and former Associate JUS
tices Owen Roberts and James Nc
Reynolds are living, Chief Justice
Stone was the last of the active
members who sat on the bench dur
Ing President RooSevelt's battle to
reOrpaniZp the Sllpreme Court Sill