HARLAN F. STONE - My Father the Chief Justice

LAUSON H. STONE

My Father, Harlan F. Stone, served as Chief Justice of the United States from June, 1941 until his death in April, 1946. As Chief Justice he succeeded Chief Justice Hughes who had resigned after a most distinguished career. Father had served as an Associate Justice of the Court for nearly 16 years before his appointment as Chief Justice.

Our family lived from 1905 to 1919 in Englewood, New Jersey, a suburb of New York City. During those years Father was pursuing two careers–an academic career as a teacher and as Dean at the Law School of Columbia University from which he had graduated in 1898, and his professional career as a practicing lawyer. Both Mother and Father were New Englanders. Father was born on a farm in Chesterfield, New Hampshire and, when he was still a boy, my grandfather, concerned about education for his four children, moved to a farm near Amherst, Massachusetts. Amherst offered educational opportunities in the form of the State Agricultural College and Amherst College.

Father first attended the Agricultural College but was dismissed from that institution because of alleged disciplinary infractions. A year later he entered Amherst College where he "buckled down to business" (that's his New England expression) and graduated in 1894. His career at Amherst was a distinguished one: a top student, Class President, football player and voted "most likely to succeed". The following year, in order to earn money for law school, he taught science at the high school in Newburyport, Massachusetts. In order to make ends meet while attending Columbia Law School he tutored others and taught history at Adelphi Academy in Brooklyn.

In Englewood we lived in a large three story and attic house. In those days the house, as well as the streets, were illuminated by gaslight. Father believed that my brother, Marshall, and I should be brought up in the New England traditions of hard work and thrift which were so much a part of his own makeup. Accordingly we were assigned various chores such as keeping the sidewalks clean, winter and summer, tending the vegetable garden, feeding the chickens and stoking the coal furnace. We received modest compensation for these efforts which we were encouraged to deposit in the local savings bank.

In later years while I was in college and law school, summer work was decreed. As a result I had the experience of working in several different areas; and I have long since recognized the wisdom of Father's views on this subject. Mother told me that in those years she and Father had always saved at least one-third of Father's income despite the fact that they had ample household help, took trips to Europe and the like. That, of course, was in the days when income taxes were either non-existent or minimal.

In Englewood we did not see a great deal of Father because he left early in the morning for the City and returned only in the early evening, frequently after our bedtime. Saturday was much the same, since in those days it too was a working day. Sunday Father spent in various activities such as working in his flower garden, taking hikes and doing the usual chores that were needed around a house and, on occasion, working on briefs or articles.

One of my earliest memories is Father wakening me in the middle of the night, wrapping me in a blanket and carrying me out onto the lawn to see Haley's Comet. From time to time he performed for us simple experiments in physics and chemistry remembered from his year in Newburyport. He took us to New York City one day to ride in a horse-drawn trolley–the last day before the horses gave way to electricity. In this way he fostered in us an interest in science and unusual events.

Father was strict with us boys but always fair. On one occasion we became involved with some other boys in a prank at school. After the culprits were identified the principal of the school called the parents together to discuss the proper disciplinary measures. The other parents pleaded for leniency, particularly one parent who happened to be the Mayor. Father said nothing. Finally the principal asked Father for his views. Father replied "If the boys have done something wrong they should be punished."

Father's energy seemed endless. He surely needed it to teach his classes, which he evidently did with great success, carry out all the administrative duties as Dean of a growing law school and represent his clients at Wilmer & Canfield (later Satterlee, Canfield & Stone), the firm founded by Professor Canfield of the Columbia Law School. While Father's ability to successfully carry on these two careers was evidence of his affinity for and belief in hard work. I think part of the story was his ability to take a long vacation–two months or so–in each year after the law school term ended and the courts closed for the summer.

Shortly after their marriage in 1899, Mother and Father became fond of a small island in the Penobscot Bay, Maine, Isle au Haut by name, which later became the family's summer retreat for many years. Father was also interested in visiting foreign countries, so he planned to alternate his summers between Isle au Haut and travel abroad. This led to trips to Europe for the whole family in 1909, 1911 and 1913. Both Father and Mother enjoyed the ten day sea voyage, necessary in those days, which provided a period of rest after the winter's activities.

In Europe Marshall and I were sometimes settled down in the care of our English nurse while Mother and Father took sightseeing trips. Other times we accompanied them while sightseeing with the result that both my brother and I have been confirmed travelers ever since. On one trip Father had some business with an English barrister who made his office in Lincoln's Inn.

I accompanied Father on one of his visits to this barrister and I can still visualize the deeply worn stone steps leading to his office and the walls of the office which were piled to the ceiling with briefs tied in small bundles with red tape. On another trip Father left us in Switzerland for about two weeks while he went to Russia in connection with an estate he was settling.

World War I put an end to the European trips for quite some time. After the War father's developing career as well as postwar conditions kept him from visiting Europe again until 1923 when the whole family went again. He was unable to go abroad again until 1930. Further trips in 1932 and 1934 were his last to Europe. During other years there were short trips to our West, Canada and Mexico. Otherwise vacations were principally spent at Isle au Haut. I feel certain that his interest in foreign travel was never fully satisfied.

With more summers being spent at Isle au Haut, Mother and Father decided in 1916 to build a summer home there which they occupied for all or part of almost every summer until the 1940s. Isle au Haut was a rustic and unspoiled spot. There were only about 100 year-round inhabitants, mostly lobster fishermen and their families, whose homes were scattered along the single road, about 14 miles in length, which went around the Island.

There was no telephone, no electricity, no paved road, only a few early Model T Fords, and no inside plumbing except in some of the summer homes. Meals were taken with one of the year round residents who operated a small boarding house for summer visitors. Old clothes and informality were the order of the day. The local citizens, many of whom were friends, could truly be described as "the salt of the earth"–industrious, honest and entirely unspoiled by the civilizing influences of urban life. Time was spent in hiking, boating, fishing, clambakes, evening rarebit parties and the like; simply enjoying the quiet and beauty of the Island was enough.

About the time Marshall and I went to college Mother decided to indulge in her long interest in art and during the summers took up watercolors with considerable success. After Father went on the Court, the applications for writs of certiorari came to the Island by the bagful. Many a day Mother and Father would take a picnic lunch and repair to some quiet cove or nearby island where Mother would paint while Father worked on the "certs". It was always a little sad when summer ended and it was time to return to "civilization" and the greater tasks of life; but, somehow, Father always returned with greater enthusiasm and renewed vigor.

In 1919 Father decided to move into New York City. His two careers seemed to require even more time and the task of commuting was becoming more burdensome–from Englewood to Fort Lee by trolley, across the river by ferry to 125th Street, then to Columbia by trolley or on foot, downtown by subway in the middle of the day to the Wall Street law office and then, at the end of the day, by ferry to Hoboken, back to Englewood on the Erie Railroad and a walk home from the station.

I have always believed that the original move from the City to Englewood was prompted in part by the thought that it would be better for us boys to grow up outside the City. By 1919 that reason for living in Englewood no longer applied since Marshall was off to college and I was due to follow in two more years. Accordingly, we moved to an apartment at 116th Street and Riverside Drive, just two blocks from the Law School and one block from the subway. While Father's life was made much easier, I'm sure that the move had its drawbacks. It deprived Father of his beloved flower garden to which he devoted much time when we were in Englewood. No longer could we take the frequent Sunday morning hikes to the Palisades or other nearby destinations. A circle of good friends was left behind and local clubs and activities had to be discontinued.

During the years in Englewood Father's many interests outside the law were developing. I have already mentioned his interest in travel. He developed a liking for music, both for opera and the symphony. I remember his enthusiasm after hearing Caruso sing. He had a "victrola"–wound up by hand-and a large collection of records–mostly classical music and opera–which were frequently played when he was home. He became interested in table wines due, perhaps, to the influence of a client in the hotel business, and he established a wine cellar, somewhat unusual in those early days.

Mother was an excellent cook with many recipes of her own; thus fostered, father's interest in food grew. Each Fall he and three other friends clubbed together to buy a barrel (literally) of some special cheese from New England. The barrel contained four 40 lb. "wheels" and was kept in our cellar. Periodically each "wheel" was divided into quarters which were distributed among the owners. One time Father bought some special cheese to take to Isle au Haut. In those days one had a wait of several hours between boats in Rockland, Maine and, as was customary, he left his suitcase with the local hotel clerk. When the time came to embark, he looked for his suitcase, but it could not be found. The hotel clerk had gone off duty, but was finally tracked down by telephone. "I put the suitcase in the back yard" he explained "because of the smell".

In 1924 we all went to Amherst so Father could attend his college class 20th reunion and visit relatives. Father's popularity among his classmates was most obvious. The gaiety and hilarity of such events was something new to me and I began to see a new side to his character–his fondness for people. I remember how surprised I was to hear everyone calling him "Doc", his college nickname, which I hadn't heard before, and which wasn't used in later years.

The big event of the reunion was the appearance of the statue of "Sabrina". At Amherst there was a traditional rivalry between the odd year classes and even year classes for the possession of this statue of a nymph, which had once graced the campus. The object was to gain possession of and keep the statue hidden while exhibiting it publicly at least once a year. There was great excitement at the reunion when a car appeared with "Sabrina" ensconced in the back seat. The car drove around one of the playing fields and then "Sabrina" was whisked away into hiding again. During Father's time in college he was deeply involved in the struggle for the possession of "Sabrina", and for a time "Sabrina" was hidden under the floor of the barn at Mother's home in Brattleboro, Vermont.

In 1923 after considerable thought, Father decided to terminate his academic career and become a full-time practicing lawyer. He had been offered the opportunity to head the litigation department of Sullivan & Cromwell, one of the top New York law firms where, incidentally, he had clerked his first year out of law school before embarking on his first teaching assignment. His decision was prompted in part by the increasing administrative burdens at the Law School and by differences with the University administration. As he phrased it, when talking with his friends, "there were too many dead cats to bury". He left Columbia at the end of the 1922-3 academic year, spent the summer in Europe and joined Sullivan & Cromwell in the Fall.

In August 1923 President Harding died and Calvin Coolidge, then Vice-President, became President. Coolidge and his family had lived in Northampton, not far from Amherst, and the Coolidge and Stone families were friends. Coolidge had attended Amherst College, graduating in 1895, one year after Father. President Coolidge decided, some months after assuming the Presidency, to remove Attorney General Harry Dougherty around whom the scandals of the Harding Administration centered. Father's name did not figure in the speculation as to a successor. Coolidge called Father to Washington, but apparently only to discuss the names of several other candidates Coolidge was considering.

There was no indication that Coolidge might have had Father in mind. However, one Congressman prominent at the time, "Bert" Snell from upper New York State, who had been a classmate of Father's at Amherst, had been urging Coolidge to appoint Father. In April 1924 Coolidge again asked Father to come to Washington, this time for a breakfast meeting. There were several Congressmen present at the breakfast and after a short discussion Coolidge announced that he was appointing Father. This brought to an end Father's six months career as a partner in Sullivan & Cromwell. Under the then circumstances, Coolidge obviously needed a man of ability, integrity and no political entanglements. This was a bill which Father could well fill.

Coolidge's appointment of Father with little preliminary discussion was typical of that reticent New Englander. Father had many Coolidge stories which he delighted to tell. On one occasion, according to Father, he and grandfather were having breakfast at the Parker House in Boston when Coolidge, then Lieutenant Governor of Massachusetts, happened along. They asked him to join them. He ate in silence and all attempts at conversation brought little more than grunts from the Lieutenant Governor. Finally Coolidge finished, stood up to leave, shook hands and left saying: "Nice to have had the chat with you". Father from the beginning interpreted Coolidge's famous "I do not choose to run" to mean that he would not accept nomination for another term. When Father asked Coolidge why he reached that decision Coolidge replied "It's best to quit when they still want you".

Father had served slightly less than a year as Attorney General when Coolidge nominated him to replace Justice McKenna who was retiring from the Supreme Court. Some people thought at the time that Father was being "kicked upstairs" as a result of his carrying out his duties as Attorney General without regard to the political consequences of the actions he took and without yielding to personal considerations or political pressures. I don't think that Father ever believed this. I do remember, however, his telling me of the difficulty he experienced in securing the appointment of a competent United States attorney in New York. At that time New York had one Democratic and one Republican Senator, and the system of "senatorial courtesy" required that the appointee be approved by both.

The difficulty was to find someone who met Father's high standards who could also secure approval from both political camps. Agreement seemed impossible. Father told me that he finally suggested that each Senator prepare a list of ten acceptable names, that he would do the same and that the first name appearing on all three lists would receive the appointment. The lists were prepared but no name appeared on more than one list. Finally he "took the bull by the horns" and submitted from his list the name of Emory R. Buckner, a lawyer so eminent that neither senator could publicly object and the appointment finally went through.

Whatever the reason for Father's appointment to the Court, it was generally well received. However, opposition to his confirmation developed in the Senate based largely on the fact that he had refused to drop a previously obtained indictment of Senator Wheeler without conducting a further investigation of his own. That investigation developed additional evidence unfavorable to the Senator, so Father determined to let matters take their normal course. Another objection to Father's confirmation was the fact that as a lawyer he had represented J. P. Morgan & Co. and other "Wall Street interests". After a great deal of rhetoric and two appearances before the Senate Judiciary Committee, the appointment was confirmed with only six voting against it. Senator Norris, the leader of the opposition, was still in the Senate sixteen years later when Father was appointed Chief Justice. On that occasion the Senator not only supported Father but publicly acknowledged that he had done Father an injustice in opposing him in 1925.

Father's appointment to the Court made it evident that he would spend the rest of his life in Washington. Just before coming to Washington he had committed himself to buy a cooperative apartment in New York City. As things turned out he never spent a night in that apartment which was not ready for occupancy until the Fall of 1924.

While he was still Attorney General the household belongings were moved from Riverside Drive into the apartment with the expectation that he would eventually return to New York Law practice. Mother and I spent a few nights in the apartment early in 1925 but the appointment to the Court shortly thereafter ended any possibility of his ever using the apartment. Consequently it was sold. Mother and Father lived in an apartment hotel in Washington until they were able to build their own home on Wyoming Avenue in Washington, which they occupied in 1927.

These moves had one amusing aspect. Before we left Englewood, prohibition had descended on the land. Although Father recognized the validity and binding effect of the 18th Amendment and the laws passed pursuant thereto and enforced them vigorously as Attorney General, he thought they were bad laws and were an undue infringement of individual freedom. He thought the prohibitionists were "do-gooders" and referred to the WCTU as the "We-see-to-you-ers". He did not care for "hard liquor" and rarely took any, but he did enjoy and saw no harm in table wines, sherry and the like.

When we moved from Englewood to New York he obtained the government permit needed to move his wine cellar. When the move from Riverside Drive to the cooperative apartment was made the necessary permit was again obtained. However, when he was appointed to the Court he could not move the wines to Washington because transportation of alcoholic beverages into the District of Columbia was denied to all except representatives of foreign governments. Thus there was no legal way for him to enjoy any of the wines he had accumulated. Before selling the apartment he informed his New York friends that any who were willing to do so might come to the apartment and take away any wines they would like to have. Many of them did so. I doubt whether many of them obtained a proper permit even though they had been warned that such a permit was needed. A major portion of the wines, however, had to be left in the apartment. I was told some years later by a mutual friend that the purchaser not only consumed the wines but found them delicious.

When I was in Law School one of Father's New York friends gave me a bottle of wine he had taken from the apartment and suggested that some time I might wish to take it down to Washington. This I did, not being quite sure how this action would be received. I was somewhat surprised by the vehemence with which I was reprimanded, especially by Mother, for not only violating the law, but for thereby jeopardizing Father's reputation should the facts become known. I noticed, however, that a few days later the bottle of wine appeared on the dinner table and was enjoyed by all.

Father and Mother made many friends in Washington and they frequently entertained in the home they had built. They limited their social engagements to some two or three a week, primarily because of the priority Father accorded to his work on the Court. Father was especially interested in making the acquaintance of many of the representatives of foreign governments, and he became friends with many of them. He was intrigued by the wife of the Ambassador to India, who, following Indian custom, wore a sari and a ruby in one side of her nose. The Finnish minister gave Father a recording of Sibelius' first symphony which became our introduction to that musical master.

When the Norwegian minister was recalled, after prohibition ended, Father acquired part of his wine cellar. Mother and Father and the Swiss minister and his wife were members of a small group that met periodically to savor the delights of spare ribs, pigs knuckles and sauerkraut. Mother followed the custom, which was then observed by wives of the Supreme Court Justices of Monday afternoon "at homes". Occasionally Father would feel free to join the visitors for a few moments, usually surprising the guests by appearing through a concealed door leading from his office directly into the living room.

Father followed the practice of taking a new clerk each year from the Columbia Law School, always one of the top students selected by the Dean. At that time a number of Justices kept their clerks for several years running. I think Father's practice helped to set the pattern of annual clerkships which has become so common today in many courts, including the lower courts. Father took a special delight in working with these brilliant young men; it served as sort of an extension of his teaching career. Without exception the former clerks have had successful careers and always seemed to have felt great affection and respect for Father. For many years they organized an annual dinner for him, and I am the proud possessor of a handsome desk set which they presented to him as a memento at such a dinner in 1940.

Many people remarked upon father's vigorous good health. He was large boned with a broad frame and a tendency to being overweight. It was easy to imagine that, as had been the case, he was an effective football player in college. He was careful to keep his weight under control and followed a practice of taking a brisk walk for one-half to three-quarters of an hour every 'morning before breakfast and again in the evening before dinner whenever possible. From time to time he was joined on these walks by various friends. Frequently the pace he set was a little too much for others; there was no dawdling. I was in Washington a good part of World War II and stayed part of the time with Mother and Father. During that period I joined Father on his walks whenever I could.

Father was generally too busy to become involved in sports. He loved fishing, principally fly-fishing, but did not have much opportunity to enjoy it. One summer we were at Badeck, Nova Scotia and I remember sitting in the boat with him while he fished. On one of our trips to Europe he fished for salmon in the Wye River in Great Britain. Later he joined a small fishing club on Long Island where he fished occasionally. During his early days in Washington one of his friends persuaded him to try golf. Once or twice I caddied for him and I remember that Chief Justice Taft was a member of the foursome on one occasion. However, golf took too much time and he soon gave it up.

One of father's friends in Englewood was an early automobile enthusiast. He persuaded Father to learn to drive with a view to buying a car. For some reason Father was not an apt pupil. When the time came for him to take his driving license examination, Marshall and I accompanied him and his enthusiastic neighbor. Everything went smoothly until the Examiner asked him to park and then resume driving. He remembered to put on the emergency brake but neglected to take it off, and so couldn't get the car started again. He failed to pass the test. I fear that we boys took a somewhat perverse delight in witnessing this rare failure on Father's part. We moved into town soon after that and the idea of owning a car never came up again except that some years later Mother and Father did acquire a Ford, which was used solely at Isle au Haut. Due to the limited distance one could drive there, it was never used very much.

Father was quite skillful in handling boats, which were a necessity at Isle au Haut. He had a motorboat, which he had built on one of the nearby islands which he named "Sabrina" after the nymph of Amherst. He also had a rowboat, which was necessary for landings and there was a small sailboat for us boys. The "Sabrina" took us on many pleasant trips and picnics.

Father enjoyed keeping up his connections with the Columbia Law School. He was frequently visited in Washington by former students, former law clerks and members of the faculty. He carried on an extensive correspondence with many of the latter. Many times when I was with Father people would greet him as "Dean Stone" indicating that they were former colleagues or students. He attended Columbia functions whenever his schedule permitted.

When Chief Justice Taft died there was considerable speculation that President Hoover might appoint Father as Chief Justice. This was fostered no doubt by the fact that the Hoovers had become close friends going back to the time Father was Attorney General and Mr. Hoover was Secretary of Commerce in the Coolidge cabinet which also included Charles Evans Hughes as Secretary of State. Father had joined the Hoovers on short fishing trips to Florida and elsewhere. On one of these, as he was proud to relate, Mother caught the largest sailfish of the season and received a gold button commemorating the event.

Father was also an active member of Hoover's "Medicine Ball Cabinet". As a memento Father had a medicine ball autographed by all the players. There was also talk of the possibility of a cabinet post for Father, but Father would never have seriously considered leaving the Court absent some national emergency. I never knew how seriously Father took this speculation concerning appointment as Chief Justice and I never heard Father express any disappointment when the President appointed Mr. Hughes. The Hughes' also were close personal friends of Mother's and Father's.

Much later when Mr. Hughes resigned as Chief Justice there was again speculation that President Roosevelt might appoint Father. However, Father had never been particularly friendly with Roosevelt and, in fact, had felt obliged to rebuff him on one or two occasions. One such occasion arose when the President asked Father to chair an investigation into wartime problems with the supply of synethic rubber. This Father refused to do on the ground that a judge should not also be involved in problems of the executive branch. Another occasion was when the President sought Father's views as to certain proposed legislation. When the appointment as Chief Justice came, Mother and Father had already left Washington for the summer and were spending a few days at my home in Brooklyn. I have the impression that Father did not know in advance who the President would appoint.

Father's rejection of the proposal that he investigate the synthetic rubber matter was evidence of his strong feeling that any Supreme Court Justice should not become involved in other activities either involving the Government or taking substantial time from the work of the Court unless he first resigned from the Court. Thus he did not approve of Mr. Justice Jackson's becoming involved in the Nuremburg trials. He felt that the work of the court was too important to have a Justice be absent for substantial periods or be involved in other major endeavors especially should the latter have any political involvements.

On the other hand he did not feel that all outside involvement was taboo. The Chief Justice is by law ex officio Chairman of the National Gallery and because of his interest in art Father took great interest in that endeavor. I believe he was instrumental in bringing about one important acquisition by the Gallery. He also was happy to serve as a Trustee of Amherst College and took great interest in the Folger Shakespeare Library in Washington, which was under Amherst direction. Service in these capacities did not, of course, run counter to Father's basic principle.

Father was also concerned about sitting on cases where he might have some possible conflicting interest. For example, he declined to sit on cases involving corporations in which he owned securities or else he sold the securities and did not repurchase them. He also declined to sit in cases where the litigant was represented by his former law firm or by my firm. He did make an exception in the so-called "saboteur" case in which habeas corpus proceedings were brought on behalf of the eight Germans who were secretly landed here during the War for the purpose of sabotaging war plants.

I had been ordered to assist one of the officers who had been appointed to defend these eight Germans who were to be tried in secret before a military commission appointed by the President. It was soon evident that questions concerning this procedure might end up in the Supreme Court. Defense counsel sought a writ of habeas corpus and Father convened the Court during its summer recess to consider the questions raised. He cross-examined me as to my exact involvement and he decided to disqualify himself. However, counsel on both sides waited on him prior to the argument of the case and urged that he nevertheless sit. At the opening of Court he stated that he was participating in the case only at the urging of counsel on both sides. The court was unanimous in its decision in favor of the Government, which was announced promptly. Father wrote the opinion, which was not published until the Court convened again in the Fall.

Father loved stories about the Court and the Justices. Two come to mind. On one occasion a lawyer was waxing eloquent in his argument before the Court when Chief Justice Taft tested him with a question, whereupon the lawyer replied "That is answered in your Honor's article in the Yale Law Journal where you said …". Shortly thereafter another Justice raised another point. Quick as a shot came the reply "That is answered in your Honor's opinion in the case." The argument then continued without further interruption for some time. Finally, Mr. Justice Holmes leaned forward and said "I'd like to ask you this question"–a pause followed–"Well, on second thought, I'd better not."

Another story, allegedly true, involved the gold clause cases during the early years of the Depression. During the argument the word "specie" frequently came up. One of the lawyers who was arguing with particular vehemence came to this word when suddenly his false teeth shot out of his mouth in the middle of a sentence. According to Father, the lawyer caught his teeth in midair, popped them back into his mouth, and, with the greatest aplomb, went on to finish his sentence and the argument.

Father was a great admirer of Mr. Justice Holmes. I was priviliged to go with Father on two or three occasions when he went to see Holmes and my Father's admiration for him was easy to understand. There were many Holmes stories. Once he remarked to his colleagues that it was just sixty years earlier that he had been left for dead on the battlefield in the Civil War. Another time Holmes, in drafting an opinion, used a word in an unusual sense. His law clerk questioned whether the word meant what the Justice intended. Holmes got out the dictionary, which gave the meaning Holmes intended as an archaic or secondary meaning. "But Mr. Justice" the clerk protested "Not one man in a hundred would know that meaning." "Well," Holmes replied, "he's just the man for whom I'm writing."

As I have mentioned Mother took up watercolors when Marshall and I left home. She had considerable talent and as her skill developed she was invited to put on a "one man show" at the Corcoran Gallery in Washington. The exhibit was well received and Mother was delighted when she sold her first painting. Father took great interest and pride in her accomplishments and encouraged her greatly. She had other successful exhibitions and derived much enjoyment from her work. Father was an admirer of the works of Joseph Pennell, the great etcher, and he arranged for Mother to stay for a few days in the Brooklyn Heights apartment in which Pennell once lived, thus giving her the opportunity of painting some of the scenes near the Brooklyn Bridge which appeared in many of Pennell's works.

Father also took pride in Marshall's accomplishments in his chosen field of higher mathematics. I remember well that Marshall, having completed his doctoral thesis when he was just 21, presented Father with a copy which was printed in a book about two inches thick. Father opened the book, looked at some of the pages which were cluttered with hieroglyphic-like mathematical formulae and then said "Marshall, I can't make head or tail out of it."–"Dad, you have it upside down

Despite Father's robust good health he had two serious illnesses. One was in the early days when we lived in Englewood and he contracted a severe case of typhoid. He was unconscious for weeks. I can still remember the first time I was allowed in his room and my astonishment in seeing that he had acquired a beard several inches long. Again, after he went to Washington, he came down with amoebic dysentery. That was before sulfa drugs and antibiotics, so he had a long, hard illness of some months. After each of these illnesses he recovered fully and once against was restored to all his former vigor and strength.

We all thought that he would live long, perhaps into his 90's, as his father had. However, on April 22, 1946, after I had accompanied him on his morning walk and after he left home in apparent good health and spirits he suffered a massive cerebral hemorrhage while reading an opinion in open court. He died later that day at the age of 74.

I won't attempt to comment on Father's career on the Court–a subject better left to those who are closer students of such matters and who may be more detached than I. I can, however, safely affirm that his was a rich and rewarding life, filled with many varied interests; that he derived a great satisfaction from performing the tasks undertaken; and that he richly merited the great affection and esteem which all his family felt for him.