New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-12-24
TO BE ASSOCIATE JUSTICE.
HENRY R. BROWN. OF MICHIGAN. NAMED TO
SUCCEED JUSTICE MILLER ON THE
SUPREME COURT BENCH.
4 SELECTION BY THE PRESIDENT THAT RE
cEIvES GENERAL AND HEARTY APPROVAL
THE HISTORY OF TIE APPOINTMENT
SKETCH OF JUDGE BROWNS CAREER.
BY TELEGRAPH TO TIE TKIBUSE.l

SKETCH OF JU DGE BROWNS CAREER.
IBr TELEGRAPH TO TIE rnrDUSE.I
Washington Dec 23.-Thc President filed the |
vacancy on the bench of the Supreme Court OF
the United States caused by the death in October |
last Of Justice Samuel F. Miller by the appoint
ment to-day of Judge Henry Billings Brown, oi
Michigan. The appointment OF Judge brown Was |
not altogether unexpected, the Presidents pre-
dilcction in favor Of this wcll-known Michlgan |
jurist having been for some time the subject OF
comment i'm quarters where the chances "f thc |
different candidates to succeed Justice Miller
were wont 10 be discussed. In this selcctoh
tho President has once more demonstrated MS
high apprrcjation Of the responsibility which rests
upon him when he is called upon TO make judicial
appointments Though frequently subjected 10
politcal pressure Of the most aggressive kind, ne
has always resoutey set his face against mixing
politcs in questions affecting the judiciary. Inc
tics even of n personal friendship extending over
a period of many years have not been snh'cieho
10 induce him 10 make appointments to the behch
where tho at,ainmcnts Of the candidate, however
great. had not previously bccn tested by the
actual discharge Of judicial functions
In the general chorus Of approval which greetS
the selection by tho President of Judge Brown ior
80 exalted place, not a single dlscordaht h"'c Is
heard. Even party rancor is scnccd "h'h con
,,o,,cd hv thc record Of Henry +. Brown both
as Judge and iurSt and as a man ! or one"
Democratic cavilcrS consent TO Join III the praise
which is bestowed by Republicans tonight upon
President Harrison. and what Is stlll more GI''iN
iuc their praise Is neither silnicd nor Gru"I'h~N
given. II is manly recognition of the wisdom
Of his choice. of his high-mlndcd purpose ana
disccrnmcnt, and of his patriotism.
Judge Brown may be SAID 10 he IN the prime
of life. having been born at Lee. Mass, on March
. 1886. lie therefore has, in all probability, ne
inc a man Of robust constitution and active hah''N
, long career before hlm of usefulness on the
hcncb When hc takes his scat n the extreme
loft Of the Chicf-Justiccs chair hc Will hr thr
Youngest Of tho Judges comprising inc Nupre''
Court Of the United States. lie was graduate"
st Yale in 1896. and be then travelled FOR year
:, Turopc Returning home he studied law at
Yalc and Harvard. and then removed TO Dc'r"''
whore he was admitted 20 tho bar in l'ho. Al'r
a Few years of practice he Was appolh'"d' III '''''
-. Assistant United States DSinctAi"rnc}
Men who knew him al that time SPEAK III '''
bi.hc,t terms Of the ability and devotion I" ""S
bc li,playc, in tins capacity. He hl" n''"' -,
crI ,i,its ~ Europe and travelled extensively
,hcrc In 1St5 he published a volume "'
admiralty Reports
uchcd this Office until l,es, when he was TOT
several months. hy appointment, Judge "' ,"'
ttclit Court OF WayLc Comfy IN 'hl' "n''
hc attracted the attention of ia" bar hy h'S j"
du>rry and l,aruinc. II was not long hrioT" nl'
repuiation. which until then had been pur'N
local. began To extend beyond the hnls u '"'
state and induced General Grant in $50 to ap-
no;n, him United States District Judge for the
r,stcrn District Of Michigan. an Office whlch nc
.,iu holds As such he completely severed inc
sligbt connection he had previously had win
,oIitirs in his State In fact. tho only interest
rud~c Brown may he said 10 have taken In p"htlfS
L.f,rc tbat time was an attempt, when ln'hlN
far him and the bar of his state proved ahortIN',
,o sccurc IN ie.2 tho Republican CongresSlon1l
domination IN his district prize which was car
rod on by hi, opponent. Moses W. Field, alter
ward the prominent Grccnbacs Congressman.
In tbe sense that any one can be candid"'"
for , nlace Ike that II Associate Justice 81 inc
Sunrcuc Court of tho United States. Judge Brown
,,,, one al the time that th" President app"'Ii'
fudpc Brrwcr - fiji the yncancy caused nv '"'
death Of Stanley Matthews. The President " i
| we'll known, was anxious T." nominate 'u"H'
Brown for tie place then. hni ne was '"n''''''"
,ir. . .,li, IN fine ranks Of prominent Michigan
p.,,,bl,,iu> one faction desired the app"n
n.c,, -, Nfrcd Russell: tho other that of Judge
,tc sfronecr. If tho clamor Of politicians can 7"
,,id 10 strengthen the cauSr Of candidate i'r
judicial office. Under the circumstaho's' th'
p,,,,cr, ,rc,crrrd 10 seek suitable man out
| ,t rho prccincts Of the state of Michigan, ana
| to ,onrd ono IN Judge Brewer, Of Kansas. N"W'
| t,1. Erc,ycr and Judge Brown were iihlni"
,,c,ds. IN fact they had been classmates al lar'
70 IN, pl,ccd in the position of rivals for judge
| shin suited neither Each preferred uat tie "'h''
| .hnuld be successful Us long rs hoth were "h'''
| ,o decline what had not yet been "H'i'" -
crhcr Judge Brewer found an opportunity !"
| Lot thr President know that II II WEI" " P"'N'''
| - between Judge Brown and himself, ne mop"
| that the appointment of judge Brown "o"Iu "
| made Whether the President then consIderru '''
| snIi, IN the Republican delegation from Ml'Lt"I
| q scrious enough objection TO IN" appointment VI
| Iudrc Brown whether Nc 'h""-l" ~ ~
| desirable 10 nll the vacancy on the b'h'" ~
,.,. iron, , State further West than Michigan. -
| prohably of little consequence IN we" "' NV
| ra., ,,a, bc onpoin,cd Judge Brewer II Is "i
| interest however to note thai he gave u" ""''
| -, tI,c Hrovo to understand at :hc time that h'
would appoint HIM an Associate justice VI "'
Su,f7,nc court if hc should ever again have ,h'
| ,,,,i,v IA Il, 80 one may he certain tho'
| a ,l;d mai think. when making this impli'd prom
I .o that lac ,hould be- called upon ~ soon " IT,
| deem II. .. ,. ,bo
I'm rcdccming it, however, the PrcsIdch' HAS ''''
,i,t,,,ior of lnoyinp that lac has made an aP-
pointmenr which meets the hearty appfo'"' u
| ,bc Jpsticcs of the supreme Court. II ~ Il" re-
accton upon the ability of the Court t" say 'n''
if has frequently felt the want "i Hr'''c'
| pcricncc on the part of some "' i'' n''' "
admiralty cases; not that IN" decisions VI '.'
Court ia cases II this character have iai''n ~
,,,. ,,, +, the high standard which distinguishes
t J,risous in other branches of the law pu' 'n''
| !, was though, that iuris' thoroughly ia'nln''
| ,,i,b fine decisions made by the courts "' '"'
| Iirc,crt STATE, in admiralty caNeN would p''"S
| ,,,LI. ,.,sc fine nbors of the supreme '""rt al"
nan,r,hu,c ,o Il more expeditions discharge oi lis
d,,ics than J., a, present possible These require
mcuts judge Brown fills in rcmarka"' 49,
| and it is upon this ground 'h''"N' ''''' ,1'
| noiptmcnt v,s warmly urged by the m'n'"''S VI
,,t.o,. h,Vc frequently hdd an 'pl''i-