Milford chronicle., 1954-08-06

q letter to the editor The letter
follows:
Justices Letter
To the Editor:
address you on the subject
Of my resignation from the bench
because it is business as to which
The public has a right to be in-
formed"
Everyone who follows such
matters must realize that / had
nothing to do with starting the
move TO nominate me for the
Senatee. It began in New Castle
County among people some Of whom
have never met. For a long time
assumed that the movement
would simply die. II was kept alive
because could not bring myself
% say to the delegations sent to me
that Il the convention should call
upon me to resign from the bench
and make the run, would refuse to
do 50"
"As fascinating and as honor
able as is my position on the Court,
IL does not possess the vast poten-
tial for good or evil in the world
arena that a seat In the United
states Senate sometimes does. To
refuse to stand for election to office
Of that character would be to re-
fuse to practice what I have long
preached to groups Of young people.
I have often said, and still believe,
that the greatest weakness of our /
government lies In the swift de-
terioration Of public esteem for
political Office and political off,
cials.
While, as I said a moment ago,
this effort TO nominate me began
far away from me, it has somehow
persisted until it has drawn into
its active ranks individuals who
are very near to me. More and
more people have been led by my
silence to expend great energy and
vast amounts Of time-and in some
cases. no doubt. % imperil their
political futures--fn the effort to
nominate me. The result is that the
position Of studied neutrality de-
manded by my presence on the
bench has become artificial and
untenable.7
Il, Of course, have no way of
knowing what the convention viii
do. if I am to be the nominee, /
should have to leave the bench on
August 10th anyhow If / am not
70 be the nominee, 1t seems more
honorable and more attractive in
the circumstances to go down with
my friends in the fray, doing my
best to help, than to witness their
defeat from the sanctuary Of Olyn-
pus.'
1T has not been easy to see
where the highest form Of duty
lies in such a case Of conflict.
Under the conditions Of mounting
political tension, I, of course. rea-
lie that whatever I might do or
refrain from doing would be criti-
cized with equal intensity Such is
the game Of politics But / believe
that on sober second thought. after
the eXcitment has died down, It
win be generally accepted that the
course i am taking was the one best
calculated to reconcile the prin-
ciples Of civic duty with the neces- /
Fity to DreserYe the dissertation Of
the judiciary from partisan poli-
tics"
Sincerely YOURS.
James NJ Tunnell. Jr"
Letter TO Governor
In his letter TO Governor Boggs, 4
Justice Tunnell said:
y hnd myself in a position where
I feel forced to resign my seat as
an associate justice Of the Supreme
Court. In this Official c0mmunica-
ton shall spare you a recitation o.
my reasons. which ] have writer
up and addressed to the papers as
public explanation Of my action
Chancellor Seitz, Judge Carey
and I have disposed Of the las
case requiring attention before Sep
teember. II was argued on Friday !
July Both. and. as you viii observe /
from the membership panel, was
one in which / was the only regular /
member Of our court who was no.
disqualified 70 sit in the case and 4
10 appoint the two temporary mem.
bers."
The August vacation will AFFORD [
the state an opportunity to hu tho /
vacancy created by my resignation /
and should enable the court to ca
forward On an orderly way with the 4
Sentamber business.
Whether ! return at once to fhe /
relative Obscurity of private life 1
or whether I am for q time in I
some other public position, wish /
through you our chief executive T
90 thank the government ana the 4
people Of this state for aaotdinp I
IRE TIE uniaue opportunitv to be a
member of our new court of last
resort. For personal association and I
professional sfiWuiafion. J have M 4
fone that anv other nari0d Of nv 4
iife viii snrpass these three years
am. sir,
Most respectfully yonrs.
James M Tunnell. Ir.
The Justice added this nosiscripf
After c0neuIfinn fho CnwoAynor Z