"The Case Should Be Stayed . . ."

The great marble-colonnaded, square chamber was filled with Easter Monday tourists. At the stroke of noon, the U.S. Supreme Court Justices seated themselves in their high-backed, black leather chairs behind the long mahogany bench.

After three weeks of recess, this was a decision day. Chief Justice Harlan Fiske Stone, impressive as always, leaned forward, nodded to Associate Justice Wiley B. Rutledge. Justice Rutledge read the Court's majority opinion--a routine case. The Chief Justice, his solid face impassive, swiftly read a brief dissent.

Much the same scene had been enacted many times before in Harlan Stone's 20 years on the Court, four years and ten months as Chief Justice. Now, at 73, he was the Court's dean as well as its chief. He looked fit. His broad-chinned, wide-mouthed face reflected vigor, good nature and a benign judicial air.

Now he sat back, listening intently as wiry Justice William O. Douglas read another majority opinion. This was the case: Should a man who refused to bear arms for the U.S., but who was willing to do noncombatant military service, be admitted to U.S. citizenship? Five Justices had ruled Yes. The Chief Justice and two others had voted Nay.

Harlan Stone again read the dissenting opinion. Seldom had he been more impressive or shown more vigor in delivery. His voice was clear and strong as he said: "It is not the function of the Court to disregard the will of Congress in the exercise of its constitutional power."

His dissent ended, the Chief Justice leaned back. Another opinion was read. Then his colleagues suddenly looked his way. Those at his sides spoke to him. Harlan Stone spoke, and his voice carried to the first few rows of the high-ceilinged chamber: "The case should be stayed...."

The big round clock behind him stood at 1:45 as two of the Justices assisted him from the bench. In a few minutes there was reassuring news. A physician had diagnosed the attack as "a small case of indigestion." Harlan Stone went home. There, five hours later, Death, from a massive cerebral hemorrhage, came to the 12th U.S. Chief Justice.

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