Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1890-10-23

WASHINGTON, Oct 14-Justice Miller
died last night at eight minutes OF
eleven o'clock without a struggle and aP-
parently without pain.
A few minutes before tho famous jurist
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 ph-
ralysis about 2:sO 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 r. &c home, but was unable to
do SO and fell PROSTATE in the street,
cutting his face badly. He rallied later
and for a short time became conscious
Saturday morning, however, he again
became unconscious and remained in a
state Of coma until death came. Ever
since Saturday his death was expected
at any moment and his phi ysicians 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 Richmond. KY, April IS, 1916 He was
graduated with honor at the University OF
Transylvania and at first elected to adopt
the profession of medicine After practic-
ing as physician a few years. however. he
decided 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 $50 he went to Iowa and
soon became one OF the Republican
leaders in that then frontier State. Not
withstanding repeated and urgent solicitA-
lions. he declined to be nominated for any
political office and confined himself to the
practice of his Profession. In LEG! Pr .sident
Lincoln appointed him an Associate Justice
OF the Supreme Court and for many wears
he has been the Senior Justice. Justice
Field, appointed N 1858 by Lincoln, standing
next in order of seniority.
Justice Miller, by common consent, has
been regarded as the strongest man on the
Supreme B=nch ever since he took his seat
thereon. On two occasions he was selected
for Chief Justice by the appointing power.
President Grant decided to n m nate him
for that Office, but 1t was ued that 1t would
be affront to Justice Noah H. Swayne,
who had served longer than Ju tice Miller,
and a compr mise Morrison R Waite was
chosen DuriIx Mr.. Cieveland's administra-
tion th- ques ion of promoting Justice Mil.
Ter was seriously considered by the Presi-
dent when Chief Justice Waite died, but he
was dissuaded by his party associates, who
deemed such q course unwise, and Melville
W. Flu Ter was appointed Chief Justice in.
stead.
Justice Miller was always q strong author
ity on constitutional law, in which line he
earned reputation second only to that OF
Chief Justice Marshall Among the best
known opin ions delivered were the slaugh-
ter house cases Of louisiana, in which he
defined very clearly the line Of demarca-
ton between the rights of the Government
and those of the States. and in the celebrated
Hallet Kilbourn case, in which he held that
Congress as a legis' alive body, hal no
light to take judici i proceedings against
any cit Zen, but that such action must be
left to the courts as having exclusive juris-
diction in such cases He was the legal ad-
Ser of the President of the United States
on many intricate questions. and it is prob
ably true that no American jurist ever stood
so high in the estimation of the leading 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. as equal
and with a delightful courtesy. In social
life he was always jolly soul, brimminE
| over with fun and good nature and ye,
never deficient in dignity and self control.
| He married twice and a son and daughter
by his second vile both married and
| have families. A daughter by 8 first wife
married the late District Attorney Corkhiil,
OF Washington.