Likening the plight of the Mangyan to that of Native Americans, the Court classified the Mangyan as "wards of the Filipino". ""By the fostering care of a wise Government, may not these unfortunates advance in the "habits and arts of civilization?" Would it be advisable for the courts to intrude upon a plan, carefully formulated, and apparently working out for the ultimate good of these people?"" In Baguio City housing the summer quarters of the Supreme Court, the city square on Session Road near the public market is named "Malcolm Square" in his honor, and a bronze bust of Malcolm is located in the square. After his retirement from the Philippine Supreme Court, Malcolm was appointed as a legal adviser to U.S. High Commissioners Frank Murphy and Paul V. McNutt. In 1939, he was appointed as Attorney General of Puerto Rico. However, he would later fall into dispute with Governor Rexford Tugwell, and he ended up being fired in 1942. As a sign of great respect for him by the Philippine legal community, he was granted honorary Philippine citizenship by the Philippine Congress in 1955. Malcolm later settled back in the United States, though he would make occasional visits to the Philippines and to the law school housed in the building named after him. He died aged 79 in Los Angeles on May 16, 1961. His daughter, Mary MacKenzie Malcolm Leydorf, died in 2013 at the age of 79. He is survived by five grandchildren and four great-grandchildren. Malcolm was a godfather to Ameurfina Melencio-Herrera who, in 1979, became the second woman to be appointed to the Supreme Court. A collection of Malcolm's papers, including series relating to his service in the Philippines and in Puerto Rico, is housed at the Bentley Historical Library at the University of Michigan and open for research.