The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1890-10-17
JUSTICE MILLER.
Death Claims the Accomplished
Jurist-
For q Long Time Senior Member Of the
Supreme C0urt-Aiwsys q strong An
thority ON Constitutional LAVA
COMPASSIONATE Man

WASHINGTON, Oct 14-Justice Miller
died last night at eight m 'nutes of
eleven o'clock without a struggle and ap-
parently without pain
A few minutes before the famous iurist
passed away the phlegm in his throat
gradually accumulated and his frame
quivered- 1t was evident that the end
was fast approaching, and the members
of his household who were not in the
sick room were hastily summoned to
his bedside.
Justice Miller was stricken with pa
ralysis about 2:3O o'clock Friday after
noon as he was returning home from
the Capitol He felt the first at
tack in his left side when he was about
100 yards from his house and struggled
hard to reach home, but was unable to
do and fell PROSTATE in the street.
cutting his face badly. He rallied later
and for short time became conscious
Saturday morning, however. he again
became unconscious and remained in q
state of coma until death came Ever
since Saturday his death was expected
at any moment. and his physicians have
marveled that he lived as long as he did,
hearty and robust though his constitu-
ton was.
BIOGRAPHICAL
The late Justice Samuel +. Miller was born
at Richmon |. ky., April Is. lsls He was
graduated with honor at the University OF
Transylvania and at first elected to adopt
ihe profess sion of medicine After practic-
ing as physician few year, however, he
de cided to study law, in which profession
he soon rose to eminence- His sympathy
with the Northern side OF the slavery ques-
tion determined him to leave kentucky,
and In Is he won't to Iowa and
soon became of the Republican
1 .rd~rs In that then {. oatier State. Not
withdrawing repeated and urgent soiicita-
lions, he dec. iEed 20 bc nominated for any
political office and confined himself to the
practice of mis- prof = lon. In 1864 President
Lincoln appointed him an Associate Justice
of the Supreme Court and for many NeaIs
he has been the Senior Justice Justice
Field, appointed 1865 by Lincoln, standing
next in order of seniority.
Justice Miller, by common consent, has
been reg uded as the strongest man on the
Supreme b -nch ever since lie took his ssEt
thereon. On two occasions ected
for Chief Justice by the appointing power.
President Grant decided nate him
for that office, but Ii W d that IL would
be an affront to Justice Noah H. Swayne,
who had served longer than Ju tee Miller.
and as q compr mise Morrison II. Waite was
chosen. During Mfr. Clcveian H. adm n istra-
tion thu ques ion of promoting Justice MIL
Ter was seriously considered Ey the Pre~i-
dent when Chief Justice waite died, but he
was dssuaded by his party associates Who
deemed such course uuwise, and NJ sIvil, 9
W. Fuller WAS appointed Chief Justice in
stead.
ity constitutional law, In which line he
earned aIeputatfon second Only to that of
Chief Justice Marshall. Among the b. st
ser houss cases a louisiana, In which he
dcdacd very clearly the line of demarca-
tion between the rights of the GovcTnmel {
and those of the States, and In the cctebrat ID
HaIlet kilbourn case, in which he held ;hat
Congress as a legis alive body hal no
right to take !udici proceedings against
any cit zen, but that such action must be
left to the courts ms having exclusive turis-
dction in such cases lie was the legal ad-
ser OF the President of the United State
many intricate questions. and { Is prob
ably true that American jurist ever stood
SO hIg h IN the estimation of the lending men
OF both political parties
Personally Justice Miller was always one
OF the most popular men in Washington.
He was thorough democrat and treated
every man. however humble. equal
and with a delightful courtesy. In social
life he was always II jolly soul, brimmin g
over with fun and good nature and yet
never deficient In dignity and self control.
He married twice and son and daughter
by his second wite both married and
have families. daughter by his first wife
married the late District Attorney Corkhill,
of Washington.