Robert H. Jackson

“ A total suspension for the period of the war of all rights against a soldier defeats its own purpose. In time of war credit is of even more importance than in time of peace, and if there were a total prohibition upon enforcing obligations against one in military service, the credit of a soldier and his family would be utterly cut off. No one could be found who would extend them credit.
'But in any case a rigid stay of all actions against the soldier is too broad. There are many men now in the Army who can and should pay their obligations in full. ”

“ There is no earthly reason why the court proceedings should stay against them. It is the small man, or perhaps I shoul say the humble man, who has just himself and no agent and no outside assets, that we do not want to forget. He is the man we are thinking of. These other people can take care of themselves, and the court would say to them, 'No; your affair is a going concern; go ahead with the lawsuit, You have a lawyer, you have an agent, you have a corporation manager, and other things. ”

“ We think the record amply supports the conclusion of the trial judge that the claim that military service would prejudice the conduct of his defense, was groundless, and that the absence of himself and all of his numerous and not uncompensated counsel on the day of judgment was dictated wholly by litigious strategy.
The Soldiers' and Sailors' Civil Relief Act is always to be liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation. ”

“ The country is asking 2,000,000 of its young men to risk their lives and, if need be, to give up their lives for their country. Before long even more will be asked to make the same sacrifice. Is it more than naked justice to give to the savings of these same men such just measure of protection as is possible?' (pp. 2-3.) ”

“ The court forbade transfer of securities constituting the trust and required that on the trial date they and any funds of the trust be turned over to the Clerk of the Court to abide further orders. Its order admonished that the court would at the earliest practical date ascertain the status of the trust fund and that the presence of Boone himself at the trial 'is highly desirable,' but left to the discretion of Boone and his counsel whether it was necessary. ”

“ The petitioner is a soldier who was on duty in Washington throughout the course of the litigation in North Carolina of this action against him. He duly claimed the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C.A.Appendix, § 501 et seq., and rests upon it here. I think he should prevail. ”

“ In this Court, Boone is represented by his Detroit counsel and by Deal, the lawyer who withdrew from the case to accept a commission in Washington. Besides these, there also appear four other lawyers, none of whom are included in the five who have represented him at previous stages in the case. ”

“ These are questions on which the judiciary has no competence, since only the military authorities can know the answers.
Notes
↑ 54 Stat. 1178, 1181, 50 U.S.C.App. § 521, 50 U.S.C.A. Appendix, § 521.↑ As originally proposed, the Soldiers' and Sailors' Civil Relief Bill, S. 2859, 65th Cong., 1st Sess., provided in § 6 that:↑ Davies & Davies v. Patterson, 137 Ark. 184, 208 S.W. 592; State ex rel. Clark v. Klene, 201 Mo.App. 408, 212 S.W. 55; Swiderski v. Moodenbaugh, D.C., 44 F.Supp. 687; Id., D.C., 45 F.Supp. 790; Dietz v. Treupel, 184 App.Div. 448, 170 N.Y.S. 108 ”