The Wilmington morning star., 1946-04-23
MORE ABOUT
STONE
FROM PAGE ONE

FROM PAGE ONE
and plans were set in motion i'm
mediately for a special session OF
the court Tuesday, after which 1t
will recess until after the funeral.
Spokesman for the family said
funeral arrangements probably
would be announced Tuesday.
President Truman who is on an
ocean-going vacation aboard the
U. S. aircraft carrier Franklin u.
Roosevelt off the Virginia capes'
was notified of Stones death by
Navy radio.
To Mr.. Truman falls the task
of selecting Stones successor from
among the present associate
justices.
There. was no inkling Monday
night who that might be.
Customary Procedure
The President can go OUTSIDE
the tribunal to choose the chled
Justice if ne desires, but it is
customary to pick man on me
high bench.
Early speculation conferred on
Associate Justice Robert H.
Jackson, of New York, CHIEF
American prosecutor at the Nuren-
berg war criminal trials. There
was talk when Jackson got that
post that it would be a spring
board to the chief justiceship when
or if Stone retired.
Justice Hugo L. Black OF Ala
bama also could be in line Tor uae
post. AS next ranking justice ne
will serve in Stones capacity un-
til his successor is chosen.
Sole Appointee :,
Stones death left Justice Harold
H. Burton of Cleveland as Presl-
dent Truman's sole appointee, as
the only remaining Republican on
the bench. Mr.
Some guesses were that Mr.
Truman would move a Democrat
into the chief justiceship and ap-
point a Republican to succeed tne
promotee.
when Mr.. Truman chose Bur-
ton he was under strong pressure
from western Senators to name
far Westerner-a man familiar
with mining, irrigation and other
industries indigenous to the west.
One of those proposed was Judge
Orie L. Phillips OF Denver OF
the 10th Federal circuit court OF
appeals. Another was James n:
Wolfe of the Utah Supreme court
who has aided MI. Truman on
labor matters.
Great Dissenter
Stone, whose name a decade ago
was linked with those OF Justices
Brandeis and Cardozo among the
great "dissenters" Of the modern
court, delivered his last dissent
ing opinion just before he was
stricken.
In it he argued against MAORI
ty decision granting citizenship
TO a Canadian-born Seventh Day
Adventist who had protested that
his religious beliefs prohibited
him from bearing arms IN oe-
tense of the United States.
Soon after reading his minority
opinion. he was taken i'll. he waa
belned to his offices by two asso-
ciates and examined there by u
George calver. congressional phy-
stefan. who pronounced him IN no
danger.
Calver said the attack was
slight one and that opinion was
concurred in by Stones personal
physician, DR.. H. A. Grennan.
Ordered To Rest
He was sent home by Grennan
under orders to take a few days
rest.
White House Press Secretary
Eben Ayres confirmed that word
of Stones death had been flashed
to Mr.. Truman and that he expect
ed a message from him late Mon
day night or early Tuesday.
News of Stones death saddened
the capital.
Former Chief Justice Hughes
said he was 'inexpressibly shocked
and grieved."
"Justice Stone was a very dear
friend and a most esteemed col
league" he said. I'm the passing
of this great Judge and public serv-
ant, the country has suffered an if
reparable loss"
Associate Justice Felix Frank
further said that he was ito over
whelmed to say anything"
Nation Suffers Loss
Justice Burton said the nation has
suffered great loss at critical
time. % Il
His experience, learning, in
dustry and high loyalty to his con-
stitutional duty made him an in
valuable member of the court.
Mrs. Stone, the former Agnes
Harvey, and their two sons were
with him when he died. The sons
are Marshall H. Stone, Of Cam
bridge, Mass, and Col. Lauson H.
Stone, U. S. Army retired, OF New
York City.
The chief Justice was horn in