Evening star., 1946-04-23
Stones Funeral
Slated Thursday
AtCathedra|
President Sends
His Condolences to
Justices Widow

at2p.m. Thursday in the WASH
ington Cathedral, it was an
nounced today.
Justice Stone Will be buried in
a Washington cemetery still to be
selected. Thomas E. Waggaman
supreme Court marshal, said today
detailed arrangements for the
funeral have not been completed.
The court convened briefly at noon
today and Justice Black announced
tnat out OF respect to the memory
OF the late Chief Justice the court
would adjourn until Monday.
Eulogized in Senate.
The Senate Cancelled all business
Tor the day and adjourned after
half an hour of eulogieS.
Among those who took the floor
10 praise the career of the Chief
Justice were Majority Leader Bark
ley, Minority Leader White and
Senators Wagner, Democrat, of New
York; McCarran, Democrat, of Ne
vada; Tobey, Republican, of New
Hampshire, and Willis, Republican,
of Indiana.
Ihere was no announced change
in President Trumans plans to
cruise with the 9th Fleet until Sun
day, taking what his associates de-
scrlbed as a well-needed rest, but
he sent a message of coincidence to
Mrs. Stone.
Meanwhile, the sudden death last
night of the 73-year-old jurist. who
had served on the Supreme Court
since 1925 and as Chief Justice since
1941, reduced the court attending
membership to seven because of the
absence of Associate Justice Robert
H. Jackson at the German war
crimes trial in Nuremberg.
Justice Stones death aroused
wide speculation on President Tru-
mans possible choice for the Ma
tons highest judicial place. Initial
speculation centered on the posi-
bility that the President might pro-
mote a present Democratic men,
ber TO head the court and then fill
the court vacancy with Repub-
lican.
Mentioned as Successor.
Associate Justices William O.
Douglas, jackson and Felix Frank
furter were among those most
prominently mentioned in such
speculation. Other Democrats on
the bench are Hugo Black, Stanley
F. Reed and Wiley Rutledge. Justice
Black is first in seniority
Secretary of War Robert P. Pat
terson and Senators Warren r.
Austin of Vermont and Homer Fer
guson of Michigan, are among those
thought likely to be considered for
the Republican appointment. e
Justice Stone read two dissenting
opinions yesterday, then faltered
over the first OF three majority
opinions he had prepared. He paied
and his first words trailed off.
The court session was halted
abruptly Doctors found Justice
Stone suffering from indigestion
but indicated it Was nothing serious
He was taken home. A few hours
later his secretary announced his
death from "a massive cerebral
hemorrhage." Death came at 6:45
pm,
truman Terribly Shocked"
Mr.. Truman, who learned of the
Chief Justices death while aboard
the aircraft carrier Franklin D
Roosevelt, termed it "a grievous loss
to the country" and said he was
terribly shocked"
The last job Justice Stone COM
pleted on the bench yesterday-the
reading OF a dissenting opinion-was
symbolic of some of the court work
which won him greatest fame. A
prolific dissenter in his 81 years or
the bench, the Chief Justice hao
perhaps the unprecedented privilege
OF seeing two of his dissenting
opinions later become the law of the
land.
In one of these he opposed the
majority's reasoning that school,
children could be forced to salute
the flag. Later the court said salut.
ing could not be required.
In the other triumph for the Chief
Justice the court eventually accepted
his view that city ordinances i'm
posing a tax on sale of religious
literature were unconstitutional.
In two other historic dissents
Justice Stone objected sharply tc
majority opinions invalidating the
Agricultural Adjustment Act and g
New York law establishing mini
mum wages for women.
Famed as Liberal"
Justice Stones support of Presi.
dent Roosevelt's early New Dea
legislation in bitter legal contro.
Versies before the high tribuna
gained for him the reputation of be.
ing liberal" Mr.. Roosevelt, {
Democrat, later elevated the New
Hampshire Republican to Chief Jus.
tice. He took the presiding seat OF
October 6, 194l.
Justice Stones death now leave!
to another Democratic President thu
selection of a court leader who per.
haps can break the recent 4-to-4 i'm.
passe in various cases.
On the day of the Chief Justices
death the court made known it was
unable to agree on four more cases
on which it had heard argument
This indicated 4-to-4 splits. The
court now has stalled in this man.
ner On 16 cases. 1t called for re-
argument on each after Justice
Jackson's return.
Mr.. Truman's only appointee tc