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Mrs. Eisenhower joins me in best wishes to you and Mrs. Burton, and in expressions of our feelings of personal friendship for you both.

Sincerely,

DWIGHT D. EISENHOWER.

The Honorable HAROLD H. BURTON,

Associate Justice,

Supreme Court of the United States.

SUPREME COURT OF THE UNITED STATES,
CHAMBERS OF THE CHIEF JUSTICE,

Washington 25, D. C., October 13, 1958.

Honorable HAROLD H. BURTON,

Associate Justice of the Supreme Court,

Washington, D. C.

DEAR JUSTICE BURTON:

Your gain of freedom from the preoccupations of the Court is the loss of all your brethren. But we would not gainsay your greatly deserved right to pursue those satisfying activities that are, of necessity, so often denied busy public servants until their retirement. We know no person who, with clearer conscience, could leave to younger hands the specific task of protecting the Constitution of the United States and the institutions it guarantees.

Your entire adult life has been devoted to the public welfare, both through public service and the private pursuit of good causes. Your City and State, as well as your country, have greatly benefited from those activities. As Director of Law and as Mayor of your home City of Cleveland, as a State Legislator, as a soldier of the famous 91st Division and decorated by both the United States and Belgian Governments 40 years ago, as a United States Senator from the great State of Ohio, and for the past 13 years as a member of this Court, your life has been dedi

cated to the Government under which we are privileged to live.

As a husband, father, churchman, public-spirited citizen, and tolerant, companionable fellow worker, you have endeared yourself to all who have passed your way.

Need we say that we, your brethren, will miss you? I am sure you know that we shall. Without exception, we believe that of all the Justices who have sat on this Bench, not one has adhered more closely than you to the ideal for which we all strive "Equal Justice Under Law." With the fondest wishes for the health and happiness of you and yours, we are

Sincerely,

EARL WARREN

HUGO L. BLACK

FELIX FRANKFURTER

WILLIAM O. DOUGLAS

TOM C. CLARK

JOHN MARSHALL HARLAN

WILLIAM J. BRENNAN, JR.

CHARLES E. WHITTAKER

APPOINTMENT OF MR. JUSTICE STEWART.

SUPREME COURT OF THE UNITED STATES.

TUESDAY, OCTOBER 14, 1958.

Present: MR. CHIEF JUSTICE WARREN, MR. JUSTICE BLACK, MR. JUSTICE FRANKFURTER, MR. JUSTICE DOUGLAS, MR. JUSTICE CLARK, MR. JUSTICE HARLAN, MR. JUSTICE BRENNAN and MR. JUSTICE WHITTAKER.

THE CHIEF JUSTICE said:

Yesterday the Court with regret noted the retirement of Mr. Justice Burton. Today we welcome his successor. The President has appointed the Honorable Potter Stewart of Ohio, a judge of the United States Court of Appeals for the Sixth Circuit, to succeed Mr. Justice Burton. Justice Stewart has taken the Constitutional Oath administered by The Chief Justice. He is now present in Court. The Clerk will read his commission. He will then take the Judicial Oath, to be administered by the Clerk, after which the Marshal will escort him to his seat on the bench.

The Clerk then read the commission as follows:

DWIGHT D. EISENHOWER,

PRESIDENT OF THE UNITED STATES OF AMERICA,

To all who shall see these presents, Greeting:

KNOW YE; That reposing special trust and confidence in the Wisdom, Uprightness and Learning of Potter Stewart of Ohio I do appoint him Associate Justice of the

Supreme Court of the United States and do authorize and empower him to execute and fulfil the duties of that Office according to the Constitution and Laws of the said United States, and to Have and to Hold the said Office, with all the powers, privileges and emoluments to the same of right appertaining, unto Him, the said Potter Stewart, until the end of the next session of the Senate of the United States and no longer; subject to the provisions of Law.

IN TESTIMONY WHEREOF, I have caused these Letters to be made patent and the seal of the Department of Justice to be hereunto affixed.

Done at the City of Washington this fourteenth day of October, in the year of our Lord one thousand nine hundred and fifty-eight and of the Independence of the United States of America the one hundred and eightythird.

By the President:

WILLIAM P. ROGERS

DWIGHT D. EISENHOWER.

Attorney General.

The oath of office was then administered by the Clerk, and MR. JUSTICE STEWART was escorted by the Marshal to his seat on the bench.

The oaths taken by MR. JUSTICE STEWART are in the following words, viz:

I, Potter Stewart, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.

So help me God.

POTTER STEWART

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