Denver County CO Archives Obituaries.....Symes, John Foster April 5, 1951
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Rocky Mountain News 4/6/1951
Judge J. Foster Symes Dies in La Jolla, Calif.
Death yesterday ended the career of one of Colorado' most distinguished 
jurists, U.S. District Judge John Foster Symes

	It came at about 1 p.m. Denver time in Scrips Hospital at La Jolla, 
Calif., where the Denver jurist had been in critical condition since he 
suffered a stroke a week ago.
	The 73-year-old judge had been virtually paralyzed by his seizure which 
came the afternoon of March 29 as he and his daughter, Mrs. Cynthia Maer of 740 
Lafayette st., motored in the California City.  Mrs. Maer and another daughter, 
Mrs. Virginia McMurtry of 2890 S. Clarkson st., Englewood, were with him when 
he died.
	He had played a round of golf the morning he was stricken and appeared 
to be in good health.
Retired 11 Months Ago
	Judge Symes' death came 11 months after his retirement as Colorado's 
third U.S. District Judge.  Although available for bench duties, he had not sat 
in a federal case since his successor, U.S. District Judge Lee Knous, replaced 
him last May 18.
	For 28 years he had passed on litigation of every nature in the ornate 
U.S. District courtroom in the Postoffice Bldg.
	He assumed the judicial robes April 22, 1922 by appointment of 
President Warren G. Harding.  When he took his oath of office he became the 
youngest district judge in the nation at 44.
	His father, George Gifford Symes, held the same distinction when he was 
appointed U.S. District Judge in Montana by President Ulysses S. Grant in 1869 
at the age of 29.
	Judge Symes was born in Denver Feb. 10, 1878.  He was educated at 
Lawrenceville prep school, was graduated from Yale University in 1900 and 
received his law degree from Columbia University in 1903.
Came to Denver in 1906
	He practiced law in New York from 1902 to 1906 and came to Denver to 
open a law partnership with Ivor O. Wingren which continued until Mr. Symes' 
appointment to the bench.  The two, however still maintained offices together 
in the Symes Bldg., which Judge Symes had managed since its completion in 1906.
	Judge Symes set aside his law practice in 1917 to enlist in the Army 
and to make for himself a brilliant military record.
	In a year he had risen to the rank of major, commanded the 359th 
Infantry and had distinguished himself in action at Toul, St. Mihiel and in the 
Argonne-Meuse offensive.
	Shortly after returning to Denver, Judge Symes was appointed U.S. 
District Attorney in 1921.  He advanced to the federal bench 1 year later.
Looked Toward the Little Man
	Judge Symes served in various federal courts throughout the country, in 
relief of regular judges.  Throughout his service, he became known as a man who 
insisted that "equal justice be provided for all before the bar."
	His courtroom was run with absolute dignity enforced sometimes by a 
discipline almost military.  A man with rare sensibilities, it was often said 
of the jurist that he was tougher on his prosecution and defense counsel than 
on the defendants.
	By and large, his decisions gave the little man a break.  Petty federal 
offenses, which he sat in on with the same careful consideration as historic 
cases, often aroused his judicial ire.
	He frequently was critical of federal prohibition agents during the 
days of prohibition who brought minor offenders into court.
	"Go out and bring us the big offenders," he once told the state agent 
in charge.
Lenient Toward Indians
	His leniency for Indian citizens of the state, involved with the law 
because they dare drink spiritous liquors, stood out like a sore thumb.  He 
often saw that the people were fed, clothed and given good shelter before he 
dismissed all fines against them and sent them back to the federal reservation 
at Ignacio.
	Judge Symes was nationally recognized as an outstanding authority on 
patent law.  He also showed a great ability to cope with the legal 
entanglements of corporation finance.  In this respect, he contributed a great 
deal to the development of the state when he supervised the reorganization of 
the Rio Grande Railroad and the Colorado Fuel & Iron Corp. - the state's two 
greatest industries.
	He carried through the two re-organizations by the sheer weight of his 
personality and his judicial power.  He carried them through over the 
opposition of various parties in interest, who today hail his reorganization 
plans which pulled the institutions out of bankruptcy.
No Cameras in Court
	There was no question about who was boss when Judge Symes sat in the 
Postoffice Bldg.  Because he thought news cameras were below the dignity of a 
federal bench, he forbade, under penalty of contempt, any picture-taking on the 
premises - except with his approval, which he rarely granted.
	Once he had discarded his judicial robes, Judge Symes assumed a 
personality of warmth and rare good humor.  His vast circle of friends who knew 
him in court and socially came to regard him with respect and affection. 
	Judge Symes was married in 1915 to Cynthia Eddington.  They were 
divorced in 1928.  In 1931 he married Florence J. Wade who died here in 1942.
Brother and Sister Survive
	In addition to his two daughters, Judge Symes is survived by a brother 
G. Gifford Symes of Denver and a sister, Mrs. Katherine S. Crane of Santa 
Barbara.  He had six grandchildren.
	He was a member of the Denver, Colorado and American Bar Assns., the 
Denver Philosophical Society, Mayflower Society, National Safety Council, 
American Legion, Denver Club, Denver Country Club, Cactus Club, Mile High Club, 
Denver Motor Club, University Clubs of Denver and New York and the Republican 
Club.
	He was a member of the vestry of St. John's Episcopal Cathedral and 
lived at 738 Pearl st.
	Funeral arrangements will be made later.

Additional Comments:
Colorado U.S. Attorney 1921-22
U.S. District Court Judge 1922-1951

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