Evening star., 1946-08-26

On the Supreme Court bench. As
sociate Justice McReynolds soon be
came known for a sharp mind. in
dependence of thought and a caus
| tic tongue Some of his colleague
were said to have found him ''un
compromisingly combative"
Champion Of States Rights.
He showed strong dislike TO
Federal encroachment on States
rights and an unrelenting stand TO
the gold standard and individual
ISM"
The New Deal program ran coun
ter to most of his views. Not onl,
did he oppose the administration OF
all major test cases up to 1886, bu
during the historic 1936-37 term, h,
supported administration conten
tions in only seven instances ant
only when the court was unanimous
He was the lone dissenter thre,
times. In the 1910 term, he votet
against the majority II times.
One of his principal dissents ii
1887 was from the majority ruling
which applied the Wagner Labor
Relations Act to manufacturin,
concerns whose products eventual,
went into interstate commerce.
He also dissented in cases involv
ing IVA and unemployment insur.
ance provisions of the Social Secur
| ity Act.
First to Comment on Controversy.
In the course of the bitter con.
troversy over President Roosevelt
proposed reorganization of the Su.
preme Court, Associate Justice Nc.
Reynolds was the first of the mem.
bers to comment publicly. In 6
speech at the Carlton Hotel ir
March. 1887, he asked for "gooc
sportsmanship" in accepting deci-
sions of a fair tribunal"
In later years he summed up his
opinions by declaring: II believe ir
the Constitution as written, not as
whitfield away by tenuous reason
ing"
One of his early decisions which
attracted great notice was typical
of his opposition to governmental
centralizat ton of power and what
he looked upon as invasion of per-
sonal rights.
Defined Liberty.
In a 1923 decision he upheld the
right of parents to direct the educa-
ton of their children under the 14th
Amendment. He defined liberty as
embracing mot merely freedom
from restraint but also the right oi
the individual to contract, to engage
in any Of the common occupations
of life, to acquire useful knowledge
to marry, to establish home and
bring up children, to worship Goo
according to the dictates of his own
conscience, and generally to enjoy
those privileges long recognized in
common law as essential to the pur-
suit Of happiness by free men,"
In general, his opinions in later
years were brief and to the point
He long before had built up a repu-
tation for ability to get to the core
of arguments and issues. He also
had a reputation for bedevilline
lawyers and making curt COM
mentS.
He once remarked from the bepcf
that he disliked lady lawyers oi
both sexes"
At his home and in the socia
gatherings he infrequently attended
his friends found him kindly anc
witty. He drank an occasional glas.
of wine but apparently disapprovee
of smoking. He is said to have or
dered mo Smoking" signs to b.
posted in the new Supreme Court
Building.
Enjoyed the Circus.
Since 1887 he did not attend the
White House receptions or State
dinners for the judiciary.
He had an often-avowed fond
ness for the circus and a liking
for duck hunting and golf. An.
nually he had a New Year Day
reception at his home.
Never growing accustomed to the
present Supreme Court Building, he
did most of his work at his apart.
ment. For several years before hi.
retirement he occasionally missed
court sessions, especially on decision
days. He did not attend the inau.
guration of President Roosevelt
January. l941. Il did not want te
expose myself to the cold," he ex.
planned.
Two days later he sent a two
sentence letter notifying the Presi-
dent he intended to withdraw from
the court under the law permitting
retirement at full pay for justices
over 10 who served at least 10 con-
secutive years.
President Roosevelt replied with a
brief acknowledgment which con-
graduated him on his "long service
and wishing him many years Of
health and happiness"
Retirement of Justice McReynolds
opened the way for Mr.. Roosevelt
to make his sixth appointment tc
the court The President appointed
James F. Byrnes, now Secretary OF
State. as Justice McReynolds' sue