Indianapolis Times, Indianapolis, Marion County, 13 June 1941 — Page 6

GILBERT 'W. STEWART JR.

United Press Staff Correspondent

ASHINGTON, June 13.—Harlan fiske “Stone, new Supreme Court Bt Justice, is an example of a

Appointed to the Court by the D8 _ conservative of Republican ts—Calvin Coolidge—he on Hi

came the tribunal’s ou vocate. :

ate. of the .constitutionality of jisiation of the Democratic New

He was rewarded by promcDemocrati

e President ¥rank- he

spokesman of a liberal juris-. 8 hrst enunciated: from the

‘by: Oliver Wendell Holmes.

Was back 1n college a at Amherst .* Coolidge

t Mr. Stone and Mr

are met. Then. they were mere a scquaintanices, but ‘the association ripened into a close friendship p years Ha when. Coolidge ;was' governor usetts and. Stone was '. a of the Columbia * University :

_ law: school.

When Coolidge became President: hed found a bad situation in the Justice Department. Its _feputation was - “red raids” “‘conducted by. Woodrow Wilson's At- : torney General, A. Mitchell Palmer, . and by the “Teapot Dome” oil scan-- E dals under the administration ‘of: Harry ‘M. ‘Daugherty. Mr. Stone is said to have advised President Cools"

‘stained by the

idge to get rid of Mr. Daugherty. ”» 8 # Coolidge ‘Took Him. Up “Would you take the . Job?" the President ‘asked. The offer was unexpected, but Dean. Stone accepted. Told to i administer the depart- _ -ment as he would his “own private

“law firm,” he immediately dertook a quiet reorganization. One of

his .chief moves.was in the Bureau

of Investigation, “where he ousted William J. Burns as its head and replaced him. with the: youthful J.

dep Hoover, then only 29. years NS ot before his elevation to -the "§

high court he began anti-trust proceedings against the - Alu Corp. of America, a vast firm controlled by the Mellon family. - Andrew W. Mellon then was Secretary . of the Treasury in the Coolidge - cabinet. This case still has not been -» decided.

Prior to his nomination to the|resulting in unfettered expansion of great industries. In his writings, Mr. Stone pro-{he said.

: riod the se-|tested, warning the courts to ob‘ries of decisions which nullified to a|serve “changing social and economic |numerous: contributions to legal|ion of indestructible states’

Supreme Court, Mr. Stone had been

Aluminum: ©

is, bu Brandeis, t his tenure ‘Mr. Jus-

tice Stone's gy Henk interpre-

‘tations. gave government, both State

eral, broad: scope. In 1

Fed : I. “majority ‘holding

made on the basis of “cost repro-||:

duction nee Ang during the a tense \Versy . of va y Deal. measures he was on the

“side of helt constitutionally.

#8 8

Made. Classic Dissent Just before that ‘storm he dis-

sented with: vigor. from the decision] invalidating the New. York ‘women’s . minimum wage law ‘in an opinion

which attacked the majority members for resting their judgment on

came famous. He wrote the opinjon ‘upholding the railway labor act,

and in the case sustaining the un-

employment compensation features

“of the. Social Seowy Act: he de-

clared,: “The end- being legitimate, the :means: is for. the legislature to choose.”

Mr. Justice: Stone’ outstanding work during that ,- however,

“was ‘his classic dissent "from the

Chief Justice Stone . . . once warned courts, now warns lawyers.

“We are:-not to'be completely absorbed in the technique of the law,”

decision invalidatipg the first Agricultural ‘Adjustment Act in 1936. In it he bitterly declared that the majority ‘had proclaimed “a tortured construction” of: the Constitution. He accused them of “sitting in judgment on the .wisdom of legislative action. “Courts are not the only agency of government that must be assumed to have. capacity to govern,”

“he wrote. “Congress and: the courts

both unhappily may falter or be mistdken in the performance of their constitutional duty. : “But interpretation of our ‘great charter of government: which. proceeds on any assumption that the | their responsibility for the preservation of our institutions is the exelusiye concern: of any one of the ‘three branches of government, or that it alone can sve them from destruct tion‘ is far ‘more likely, in the long run, ‘to obliterate the constituent

Among his public. statements and | members of ‘an gndestructible unthan the| colony in 16365.

large extent the power of States to}conditions” and beware of falling publications he also warned against|frank recognition: that language,

‘regulate large business enterprises,|afoul of legal technicalities.

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too much legislation and the build-|even of a constitution, may mean|casting about

J school at the end of his second year

| He’ taught physics and chemistry at

{|lumbia law’

“Ilbecame a member of the firm of

{Stone's nomination that he was a “Wall Streeter” with, the “Morgane h

money.

Upheld di Law

Mr. Justice. ‘Stone ‘frequently .cautions lawyers from the bench that the court does not judge the wisdom

of legislation but, on the contrary,|}

ometimes.: upholds tes Ww. the Justices" "very: strongly” rh

ent, Another ‘of his’ {important opin. ions, and haps ‘the most far=cance, was. the

one Re os the WagesHour Law, i : t. Congressional

There he held tha

power reaches even to intrastate|] commerce: .which so affects inter-|f

state commerce” as.to make regulation of activities within the states “appropriate means to the attainment of a legitimate end.” In the field of civil liberties, Mr. Stone was also “liberal.” Before he went to the bench he protested at length the Palmer anti-Communist tactics, contending aliens as well as

citizens. have constitutional rights.|} narrow | | grounds on which his court col-|}

He disagreed with . the

leagues struck down anti-labor pol=icies of Mayor Frank Hague of Jersey City, N.-J, and 8issented alone when the. court sustained the power of a school hoard to require pupils 3 salute the American flag when jiad F religwus convictions opposed

. a8

Expelled From Sool

Mr. Stone was born in Chesterfield, N. H, October 11, 1872, of a family whose ancestor—Simon Stone —arrived at Massachusetts Bay

As a youth he did considerable trying t0 “find him-

a scientific farmer and quit high

to enter Massachusetts Agricultural College. He was expelled after an altercation with “sehool authorities (some biographers call the incident “accidental”), gave up the farming idea and went..to Amherst, with medicine in the back of his mind. Soon, however, he switched to law. Tall and muscular, he played two years .gs a star lineman on the

Beta ‘Kappa and his. senior class voted him most likely to succeed. To help earn expenses, he sold insurance and typewriters and tutored. After finishing at Amherst, Mr. Stone hegan his career of teaching.

Newburyport, Mass; high school,| saving ‘enough. money to enter Colegal education b teaching jie ucation by history in Adelphi Academy, B Upon obtaining his law degree he entered the firm of Wilmer & Canfield in New York City. Later he

Satterlee, Canfield & Stone. Herbert Satterlee. senior partner, was & son-in-law J. Rietpon t Morgan, Sr,, and the association was the basis for the outcry at the time of

as his olients.

professor at. shal.

Wille: practicing In Mr.

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