Indianapolis Times, Indianapolis, Marion County, 14 February 1939 — Page 5

Senator Hr Among Those Mentioned For Bench.

(Continued from Page One)

Associate Justice James C. MecReynolds. Mr. Justice Brandeis’ friends have suggested that, if he . retired he would devote his energies to aiding Jewish refugees from Central Europe. The first Jew to sit on the high bench, Mr. Brandeis has long been intensely interested in the Zionist movement. ~ His retirement came only after the Court, through Mr. Roosevelt's appointments, had achieved an unquestioned liberal majority if Son trast to the conservative ma during almost all of Mr, Bon Brandeis’ years on the bench. He wrote Mr. Roosevelt yesterday as follows: “Pursuant to the act of March 1, 1937, I retire this day from regular active service on the bench.” His action was taken under a law permitting Supreme Court Justices to retire on full pay after they have reached 70 years of age and have .served 10 years. The law was passed by Congress after the defeat of Mr. Roosevelt’s Supreme Court reorganization Bill. Shortly - a Associate Justices Willis Van Devanter and George Sutherland retired and were replaced by Justices Hugo Black and Stanley Reed. Mr. Roosevelt accepted Mr. Brandeis’ retirement in this letter: “My Dear Justice Brandeis: “One must perforce accept the inevitable. Ever since those days. long ago, when you first took your seat ‘on the Supreme Court bench, I have - come to think of you as a necessary - and very permanent part of the Court—and, since 1933, as one who would continue his fine service there until long after I had left Washington. “You Have Been Ned

“The country has needed you through all these years, and I hope you will realize, as all your old friends do, how unanimous the nation has been in its gratitude to you. “There is nothing I can do but accede to your retirement. But with this goes the knowledge that our long association will continue, and the hope that you will be spared for many long years to come to render additional services to mankind.” Chief Justice Charles Evans Hughes said Mr. Justice Brandeis’ retirement was a “most serious loss to the Court.” : “His collaboration in the work of the Court,” Mr. Justice Hughes said, “has marked a distinct and very important epoch in the history of our jurisprudence. ‘I greatly regret his retirement.” Mr. Justice ‘Brandeis returned to the bench a week ago after a month’s absence when he had been confined with a cold. The Senate required five months to confirm the nomination of Mr. Brandeis as associate justice of the Supreme Court after President Woodrow Wilson nominated him on Jan. 28, 1916. During this period . Mr. Brandeis’ name was table conversation pver the nation and every aspect of his life was scrutinized. - Even anonymous pamphlets attacking his appointment were circularized among Senators. The opposition to Mr. Brandeis’ appointment found its antagonism reduced to a minority report which held the appointee might not be “temperamentally fitted” for the Judicial post. He was confirmed over the objection. Mr. Brandeis’ assumption of the Judicial robe inaugurated a career on the bench unlikely to be duplicated. He remained the militant, crusading liberal although his protest and his fights were reduced to thé language of the courts.

Foresaw Emergency Laws

Far before the New Deal was contemplated Mr. Brandeis anticipated the need of émergency economic legislation and wrote a fa‘mous dissenting opinion involving an ice company licensing law for Qklahoma, In it he called on his associates on the bench for a broad forward lgoking viewpoint on legal questions. Thereafter he wrote few great opinions, put his vote remained as it always had with the liberal bloc of the court. Possibly | because his health was less robust, Mr. Justice Brandeis left most ¢f the work of writing the liberal opi} ions to Justice Harlan »

times Chief Justice Charles Tes Hughes sided with the liberals and ually wrote the opinion. Mr. Justice Brandeis’ vote was cast in favor of AAA, the Guffey

Act, gold| clause invalidation, the| g,

Frazier-Lemke Farm Mortgage Act.

‘MATCH-LIGHT” THUG ‘FINDS BUSINESS BAD

A burglar who works by match light today had -a total loot of 2 cents, a streetcar token and half package of cigarets taken in seven burglaries. The same man whom police be= lieve entered four houses Sunday night, and two last week, early today aroused Lucien James, 500 W. 31st St, by striking a match in his bedroom. He leaped out a window after taking a partially used package of cigarets.

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WORK OF BISHOP

|Doctor Tells of Leader’s

Louis D. Brandeis

BISHOP FRANCIS RITES ARRANGED

Funeral Will Be at All Sairits Cathedral Tomorrow At 2 o’Clock.

(Continued from Page One)

more than 52 years, and had been Bishop of the Diocese of Indianapolis, formerly the Diocese of Indiana, nearly four decades. In his younger days, he was a missionary in Japan, and during the World War, served as chaplain of Base Hospital 32 in France. Born April 6, 1862, in Eagles Mere, Pa., he was graduated from the Episcopal Academy, Philadelphia, attended Racine (Wis.) College and was ordained a deacon in 1884. - Following that, he studied at Oxford University, England, returned in 1886, and in December of that year was ordained to the Episcopal priesthood. The ordination : took place at All Saints Cathedral, Milwaukee, with the Rt. Rev. Edward Randolph Willis, Bishop of Milwaukee, officiating. He served a year as curate of that cathedral, then was appointed rector of St. Luke’s Church, Whitewater, Wis. In 1888, he went to Japan as a missionary, serving in the Divinity School. He was in charge of the Cathedral congregation at Tokyo nine years. His wife, the former Kate Stevens, to whom he was married during his year at Milwaukee, and who is his only immediate surviving relative, accompanied him to Japan. They returned te the United States in 1897 and the young missionary was named rector of St. Paul's Church, Evansville. He was elected Bishop of the Diocese of Indiana two years later and was consecrated Sept. 21, 1899.

Aided Liberty Loans

His service to the Diocese, which embraces Indianapolis and the southern half of the State, was

unbroken except for his service overseas during the war. He returned in September, 1918, taking an active part in the Liberty Loan drives. Two years ago, on the occasion of his 50th anniversary in the Episcopal priesthood, he returned to Milwaukee, and preached in the little church in Whitewater. He received the degree of Doctor of Divinity .from the Theological seminary in Wisconsin, in 1899, receiving a similar degree from Hobarth College in 1901. Under the guiding hand of Bishop Francis, the diocese grew and developed conservatively. In discussing his policies on one occasion, he commented: “I do not believe in a church expanding where the need does not exist. church’ a community.”

Overcame Obstacles

However, when he found communities needing the church, he led the fight to overcome financial and other obstacles standing in the way. Indianapolis’ original three Episcopal churches admitted four more to the group. Discussing the need in Bedford for a church a few years ago, Bishop Francis related: “I felt the community needed an

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Fight to ‘Hang On’ Until Successor Came.

“Well, now I'm through.” When the last of the ceremonies that consecrated the Rev. Richard Ainslie Kirchhoffer as bishop coadjutor of the Indianapolis Episcopal diocese came to his bedside by radio Wednesday, Bishop Joseph Marshall Francis smiled and made that remark to Dr. O. N. Torian. “I believe he hung on te life until the new bishop was consecrated,” Dr. Torian said.

Sunday, Bishop Francis lapsed| into semiconsciousness and yester-|

day he died, ending his service to the local ‘church which began oi 1899. He was the oldest bishop: in the American branch of the Ane gelican Communion.

Doctor Pays Tribute

“He was the most wonderful man I ever knew,” Dr. Torian said. “He was loved by everyone who knew him.” Not only Dr. Torian but many other Indianapolis friends of the departed Bishop had enthusiastic words for his work, his devotion to ‘duty, and his personality as they eulogized him today. : One of Bishop Francis’ closest friends was Mayor Sullivan, with whom he shared his love for base-

terwdrd | of the Protestant Episcopal Church | ball.

“Bishop Francis was one of the grandest, most fearless men I ever knew,” Mayor Sullivan said. “He told me 18 months ago that he couldn’t live long, but he was cheerful about it, and his only thoughts were for his wife, whom he loved dearly, and his church.” The Mayor recalled that Bishop Francis was extremely fond of dogs, and almost always had one or two in his home. As a baseball fan, he was a frequent visitor at. the ball park, attending as recently as last summer. Although baseball was his favorite

sport, Bishop Francis enjoyed an| |

occasional game of golf. One of his golfing partners was James A. Collins, former Criminal Court judge. “He had a delightful personality, and was one of the most companionable men I ever met,” Mr. Collins said. “He had a fine sense of humor and could tell a story well. At a dinner, he usually was the life of the party.”

Churchman Pays Tribute

Bishop Kirchhoffer, who had known him only the last few months paid tribute te Bishop Francis as follows: “Among the many thousands who genuinely mourn his! death, I am among the most recent to be admitted to his friendship and confidence. I had hoped and prayed he would live long enough to give me the benefit of the wisdom and judgment which came to him out of the experience of his long episcopate. “He has rendered a great service not only to the diocese of Indianapolis, but to the whole church. “He was a good ‘and faithful

Episcopal Church, so I approached civic leaders. “‘We don’t want you,’ they told me. ‘We're coming in anyway, I replied. “For some time the little congregation moved from hall to schoolhouse for its meeting until one day the members felt they could buy a piece of property. We selected the land we wanted and then approached the owners. “At first they would not see us] After persistent efforts, we succeeded in talking to a relative whom they had appointed as their agent. “We asked him the price. He said the owners had decided not to sell the property to us, but would consider giving it to us if we would accept. We accepted.”

Bishop Francis

soldier, a willing and obedient servant to his Lord and Master.” Bishop Francis was extremely

‘| generous, R. Hartley Sherwood, a

personal friend 20 years, recalled. “He held to the highest standards of duty: his diocese was his life’s work,” Mr. Sherwood said. “He had many opportunitiesgto take other positions in the ciwurch, which perhaps might have brought him wide fame and greater remuneration, but

he consistently refused to accept

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at 11 a. m. Saturday. His subject will be “Current: Events.” Dr. Raiguel, one of the prominent

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Town Hall, spent the summer Europe. His opinions on the “Ger. man-Austrian and Czechoslov situation will be included in ian lecture.

them. He was a generous, selfless man, devoting his life to others.” The Rev. R. C. Alexander, assist-

‘| ant rector of All Saints’ Cathedral |

“Ih his last few months, Bishop Prancis had been as active as his health permitted, attending to the administration of his duties even while confined to his bed. He directed angements. for the consecration Of his Bishop-Coadjutor, even though greatly handicapped by his illness, insisting upon being host to the, various bishops eliviating at the consecration, “It was his request that his ert ical condition not affect or hecloud in any way the joy and enthusiasm connected with the consecration of the Bishop-Coadjutor. “Patiently and courageously, he bore: his suffering to the end with a faith that was inspiring to those who saw him in his last hours of consciousness.”

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