The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1890-10-16
GONE TO HIS REST.
Justice Miller of the United
States Supreme Court at
Last SucCumbs.
The End Comes Without a
Struggle and Apparently
Without Pain.

WAsHINqFQN, Oct. 14-Justice Miller died
tonight at1Q:42 without a struggle and ap-
parentIy without pain.
A few minutes before he died the phlegm
III 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. Besides Mrs. Miller and her
son Irvine there were present DIR. Cook, J.
W. .Woolworth, an old friend of Justice
Miller, who had just arrived from Omaha,
the family servants and Chief Clerk Nc
Kenney, of the supreme court.
Soon after death the face of the justice,
which had been somewhat drawn during
the last day OF his illness, changed to per-
fectlv natural condition, and he looked as
if in a quiet sleep.
No arrangements for the funeral will be
made until to- morrow, but it is certain that
his remains will be removed to his home at
KeOkuk, Iowa, where they will be inferred
III the family burying ground.
Tomorrow the supreme court will meet
as usual at ~ o'clock, and after the an
nouncement Of the death of Associate JUS
tic Miller by Chief Justice Fuller the court
will adiour. The justices will then con-
suit with Mrs. Miller as to the time Of the
burial and the funeral arrangements.
Mrs. Touzalin and Miss Corkhill, the
daughther and granddaughter of the JUS
tice will reach Washington tomorrow.
TRIAUTE TO HIS MEMORY.
The Star tonight says editorially of JUS
tice Miller:
OF Pennsylvania stock on his fathers side and
North Carolina blood on his mother s-a native
of Kentucky and Il citizen OF Iowa at the time
of his appointment, Justice Miller has united all
the characteristics of strength solidity intelli-
gence and COnSCientiousness that characterlze
the peoples from which he sprang. Appointed
to the associate justiceship of the republics su-
preme court in the midst of the gigantic struggle
OF the Union for existence, he was one OF the
foremost figures of the federal judiciary in the
settlement of the important questions growing
out of that contest. A sincere and earnest Re-
publican from the Fremont campaign in 1856,
he supported the policy of that party in those
measures which firmly established its su-
premacy and determined the course OF the recon-
StructiOn.
Among the opinions written by him at this
great period was that in the New Orleans saugh-
terhouse cases, which maintained the validity
OF the national powers under the new constltu-
tiOnal amendments III the tWenty-eight years
OF his service on the supreme bench Justice Mil
ler has delivered opinions in large number OF
cases involving high questions OF government,
and his lucid and weghty words have settled
them perhaps permanently In the Kllbourne-
Thompson case the delimitation Cf legislative
power and personal rights of the citizen
most clearly made. The right of the national
legislature, however, was upheld by him and the
court of which he was spokesman i'll the matter
of interstate railroad transportation.
So clear cut have been many OF his judicial
and unofficial utterances in favor OF the constr
tutional rights of the states i'll the Union that
by some states rights men, even of an extreme
school, Judge Miller has been regarded as the
firmest friend on the supreme bench OF the ere
served rights of the several states" On the
other hand his position OH the electoral COM
mission Of 1877 gave more satisfaction to Re
publicans than Democrats. But to those who
have watched the career Of the stricken justice,
his impartiaity has seemed as conspicuous as
his common sense and legal ability
One of the longest in service on that great
tribunal he has been excelled by none i'll dig
nty in faithfulness to his trust and in all that
makes up a consummate judge. He was emf
nent, like Bushrod Washington, for his practical
Judgment and, if not so learned as Story, was
as luminous, wise and judicious as any of t he
great men who have adorned the bench from the
days of Jay Iredell and Ellsworth to the pres
ent time. Twice considered for the place Of
chief justice, if the strong reasons advanced had
operated for his promotion he would have been
a worthy successor of Chase or Waite. great
urst, there was no position in the world of
jurisprudence he would not have adorned