Evening star., 1946-04-23
Stone
Continued From First Page \

the court is Harold H. Burton, for
mer Senator from Ohio and the
only Republican remaining on the
bench. Mr.. Patterson's name fig
ured prominently in the speculation
that followed Associate Justice
Owen j. Roberts retirement last
summer.
Selection of the War Secretary
however, would present Mr.. Truman
with the problem of finding a sue
cessor in the cabinet. Hence some
Senators said they thought their
Republican colleagues, Senator Aus
tin or Senator Ferguson. might en-
ter the picture. Senator Austin
however, is 68 years old.
Senator Ferguson. who is II years
younger, was member of the Wal
Investigating Committee Mr. Tru-
man headed as Senator, and the
two are close friends.
Justice Stone was the 18th Chief
Justice of the United States and the
third to serve as both associate and
Chief Justice. The others were Ed
ward Douglass White and Charles
Evans Hughes.
Saw "OId Court" Go Out.
Justice Stone lived to see the
death or retirement of all the mem
bers of the so-called "old court
the judicial body denounced by Mr.
Roosevelt in 1897 as living in the
horse and buggy days" Mr.. Justice
Stone could have retired at 10. with
full pay of s20,5OO a year. but he
preferred to stick to what he called
"doAg business at the old stand"
Tte other members or his So
called liberal wing" on the old
cOurt-Justices Brandeis and Car
dozo-Went to their graves while the
afing Chief Justice continued to
turn out more work than his young
er colleagues. Death also claimed
Justice Van Devanter, Sutherland
and Butler. The retired Chief JUS
tice Hughes and retired Justices
Roberts and McReynolds survive.
Mrs. Stone and their two sons,
Marshall Stone of Cambridge, Mass,
and Lauson Stone of New York
City, were at the bedside when
death came.
The breakoff of the Chief JUS
tees final court session came after
Justice Reed had delivered an opin-
ion, during which Justice Stone had
been seemingly engrossed in a sheat
of typeWritten or printed pages held
together by paper clip.
There was protracted silence
after Justice Reed finished. Several
justices on both sides of the Chief
Justice leaned forward and whis-
pered in his direction.
No Explana ion in Court.
Then Justice Stone spoke up loud
ly enough to be heard in the fore
part of the room. His audible words
included remark that "the cast
should be stayed y and investi.
cation ="
At this point, the other justice.
seemed to realize that something
was wrong. None spoke but al
arose, bringing every one in tht
Soul u OOlll w lid 1CCls 1ilC1l t1l<
black-robed justices walked through
the curtains behind the bench int
privacy.
No explanation was given th'
crowd seated in the courtroom unit
all the iurist except Justice Ston'
filed back to the bench As minute
later and Justice Black said h,
would announce the remaining opin
ions lin the temporary absence ant
indjsposition of the Chief Justice )"
Mr. Truman's description of Jus
tice Stone as "a great jurist and
great American was echoed in man
other tributes.
Hughes Is Shocked.
Forliler Chief Justice Hughes sal,
he was "inexpressably shocked" an
asserted the country had suffere
IAN irreparable loss
Secretary of State Byrnes, for
mer Justice of the Supreme Cour
said the Chief Justice was gres