Harvard Law School - Yearbook (Cambridge, MA)

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HARLAN FISKE STONE 1872 - 1946

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l Justice of the Supreme Court T was characteristic of Harlan Slone's zest for life that he made no prep- arations for death. And the circumstances of his death were characteristic of his good fortune. There was no tapering offg rather was he interrupted in lahor which engaged the whole of him and just after he had pronounced the principle which should he the pole star of the Supreme Court as he understood its place in our scheme. It is not the function of this Court to disregard the will of Congress in the exercise of its Constitutional power -such was the message he uttered from the seat of the Chief ,Iusticeship at the very moment that death summoned him. ' Stone's career divides into the two major epochs: for twenty years he was a teacher, for twenty years he was a judge. For him these were not disparate eallings. One was the logical fruition of the other. His academic career deeply infused his judicial work. As teacher l1e was concerned with the place of law and lawyers in society. As a judge he made heavy drafts upon the intellectual capital he had laid up in his own career as an acadelnician, and he continued to draw freely upon the connnoii property of scholarship. He had a strong historic sense and naturally enough was concerned witl1 his place in history. Chief Justices of the United States are rarer than Presi- dents. A Chief Justice cannot escape history. Xe. MR. JUSTICE FRANKFURTER