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Show JUSTICE PAID TRIBUTE HERE WASHINGTON, Jan. 5 ir!) Associate ! Supreme Court Justice George Sutherland Suth-erland in a letter to President Presi-dent Roosevelt today announced an-nounced his retirement effective ef-fective January 18. Sutherland's letter to the president stated that he was retiring re-tiring under the Sumners supreme court retirement act passed by congress last year. It was this act under which Justice Willis Van Devanter retired last spring. Safeguards Health It was understood that Sutherland Suther-land took the step because he felt he had reached the age where he no longer could continue the arduous ardu-ous duties of the supreme court justice without sacrificing his health. It was understood that his general gen-eral physical condition at present was good ibut that he believed it might break should he continue on the court. He is 76. Sutherland's retirement followed follow-ed Van DeVanter's by S months. Van Devanter's resignation came The remarkable ability of the Washington Merry - Go -Round, daily Herald feature, to keep abreast of the news is shown in today's release sent from the capital several sev-eral days ago which predicts the early retirement of Justice Jus-tice Sutherland, announced over the wires today. w near the conclusion of the historic fight over President Roosevelt's historic judiciary reorganization plan. The act provides that supreme court justices may retire at the full $20,000 per year salary and may be called back to active service in lower courts at the direction of the chief justice. Sutherland, one of the four men born outside of the United States ever to sit upon the supreme su-preme bench, was enlisted firmly firm-ly among the conservative branch of the court during his 16 years on the bench. He was appointed in 1922 by President Harding and from his first appearance on the bench, his career was distinguished for conservatism. Joining a court whose membership at that time fundamentally was conservative, Sutherland adjusted readily into the tribunal at that time. I iews J.iberalized Near the end of his tenure as n associate justice, however, Jiis views were liberalized slightly slight-ly to the extent that he joined with the majority in upholding old age pension provisions of the social security law. From Sutherland's pen came the decisions invalidating the Guffey coal control act and power's pow-er's of the securities and exchange commission to interrogate witnesses. wit-nesses. His vote was used to condemn AAA, NRA, and tire municipal bankruptcy act, railroad rail-road pensions and hot oil legislation. legis-lation. He voted in favor of TV A and old age pensions and against the new deal in the go'.d cases. Sutherland was born March 25, 1S62, at a modest home in Waling street, Stony Stratford, Buckinghamshire, England. His hardy Scotch father and English Eng-lish mother at that time already had their faces turned to the (Continued on Page Two) ing cases, then most lucrative in that territory. By the time Utah gained its statehood in 1895 he was a political leader. He was made a member of the state senate and 'served on the judiciary judici-ary committee. He was author and sponsor of legislation giving Utahn Retires At 76 Under New I . Sumner Act I j (Continued from Page One) mining concerns the right ol eminent domain. In 1900 he ran for congress and defeated King for the slate's single seat in the 'house. But at the expiration of his term ! he declined renomination. Defends Keed Sumot Tn 1002 Reed Kmoot was a candidate for nomination to the United States Senate. Sutherland j opposed h:m because Smoot had become an apostle of the Mor-1 Mor-1 mon church two years earlier. Smoot was nominated and elected, elect-ed, but the fight in the senate against him was still going on, when Sutherland was seated in 1905. One of his first speeches was in defense of Smoot and dwelt on the early religious conditions con-ditions in Utah. Smoot was finally fin-ally found properly seated in 1907. Sutherland continued in the senate until 1910 when King defeated de-feated him in the Wilson landslide. land-slide. He retired to practice law but frequently was in demand as a lecturer and delivered a series of lectures under the Blu-menthal Blu-menthal Foundation at Columbia university. He returned to an active role in political life in 1920 when he helped manage the campaign or Warren G. Harding whom he had known in the senate. Following Fol-lowing Harding's election Sutherland Suther-land was mentioned as a possible member of Harding's cabinet in the post of secretary of state or attorney general. When he received neither appointment ap-pointment it was assumed that he would be named to the supreme su-preme court bench but he was passed by in favor of William Howard Taft when the chief justiceship became vacant. In 1922 he was named associate justice. Co 1 1 s r ty a t i ve Lea d e r In the interim, he had acted in an advisory capacity to the United States delegation to the 1922 arms conference and participated par-ticipated in the settlement of war claims with Norway at the Hague. On the bench he soon became the recognized leader of the conservative con-servative group and wrote many of its opinions. He was a genial figure, tall and slim with a grizzled griz-zled grey beard, small blunt features fea-tures and a. cordial smile. Sutherland hii-Self resented the implication that he was a "standpatter." "stand-patter." He answered that he believed be-lieved in progress "with a goal." new land of opportunity, America. A year later they reached the shores of the new -continent and made the long and arduous trek across the plains to the Rockies where they settled in the small group of houses known as Springville, Ulan. B. V. A. Student Though not Mormons themselves, them-selves, they followed but 1G years in the wake of the Mormon pioneers pio-neers and Sutherland received his earlier education in the Brigham Young academy at Provo, Utah. There young Sutherland's brilliance bril-liance attracted he attention of his professors and one of them, Dr. Karl G. Maeser, referred to his essays as models of classic literature. After two years at the Provo school, Sutherland studied law at the University of Michigan. Michi-gan. Before he was 21 he was admitted to practice before the Michigan supreme court. He soon returned home, however, married Miss Rosamond Lee of Beaver City, Utah, and took up the practice of the law. Utah was still a rip-roaring territory. His father, though a lawyer, had been attracted to the mining possibilities of the territory and was one of the discoverers of Tintic mining district. dis-trict. Soon aner young Sutherland returned, religious bitterness growing up around the Mormon colony broke out and continued until 1900. But the young lawyer law-yer was schooled in the ways of the west. In his teens he had worked in a clothing store in Salt Lake i City, in the mining recorder's . office and as an agent for Wells-Fargo. Wells-Fargo. His experiences in the young west were wildly exciting and furnished him with a fund of anecdote the rest of his life. Wins Acquittal One of his first important cases involved the defense of 15 men of Irish extraction in a murder trial. His client unceremoniously uncere-moniously hanged' a man, for killing a man. Sutherland procured pro-cured acquittals for even and prison terms for the remanlder. Much of the religious discord in the west developed around the enforcement of the anti-polygamy anti-polygamy laws and Sutherland was frequently called in to defend de-fend members of the Mormon church prosecuted under them. Tt was his theory, rejected by the lower courts, that the offense of-fense was continuous and could not be segregated. This theory later caused the supreme court to reverse convictions under the laws. -loins Liberal Party Sutherland lined up with the anti-church party known as the liberal party. The Mormons organized or-ganized the Peoples' party. Younger Mormons, urging the cessation of polygamy by UTeir church organized a Democratic party which became kYiown as j "sage brush democracy."' One of I the members of the last group was William H. King who has studied law at Brigham Young academy with Sutherland and was later to defeat him for the United States senate. Later he organized the Republican Repub-lican club of Provo. One of ils two Mormon members was Reed ! Smoot, later to become Suther-! Suther-! land's colleague in the senate, j In 1S94 Sutherland removed ' to Salt Lake City and devoted his time to the private practice of law. He became active in min- |