The Globe-republican., 1890-10-22
JUSTICE MILLER
Death Claims the Aocomplishad
Jurist.
For Long Time Senior Member Of the
Supreme Court-Always . Strong Au-
th0rity on Constitutional LAVA
COmpanionable Nan.

WASHINGTON, Oct 1A-Justice Miller
died last night at eight minutes OF
eleven o'clock without struggle and ap-
parently without. pain.
few minutes before the famous iurist
passed away tho phlegm in his throat
gradually accumulated and his frame
quivered 1t was evident that the end
vas 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 so 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 .
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 Richmond, Ky, April Is, 1916. He was
graduated with honor at the University Of
Pennsylvania and at first elected to adopt
the profession of medicine After practic-
ing as physician "A few years, however he
in w
he soon rose to eminence. His sympathy
with the Northern side Of the slavery ques-
ton determined him to leave Kentucky
and in ls-0 he went to Iowa and
soon became one of the Republican
leaders in that then frontier State. Not
withstan<ing repeated and urgent solicita-
tiOns. he declined to be nominated for any
political Office and confined himself to the
practice of his prof -s.ion. In ls6. Pr ,siient
Lincoln appointed him an Assoc ate Justice
of the Supreme Court and for many vrars
he has been the Senior just &c. Justice
Field. appointed n 1865 by Lincoln, standing
next in order OF seniority.
Justice Miller, by common consent, has
been reg .Id ed as the strongest man on tho
Supreme Il snch ever since he took his sat
hereon. On two occasions no was ected
for Chief Justice by thc appointing power.
PIe-ident Grant d ciled to n IN nat" him
for that office, but il was ar. IL q that il would
be an aGrUnt t. Justice Soau III. Swayne,
who had served longer than Ju tee Miller,
and as compr mise NJ rrison X Waite was
[ hoSen Duri ~ NJ. Clevelanp, adm II iStra-
ton tn CUES ion of promoting Justice Mill
Ter was seriously considered by the Pre-i-
dent when Chief Justice Waite died but he
was drsuaded by his party associates, who
deemed such a course nwise, and Melville
W. Fuller was appointed Chief Justice in
stead.
Justice Miller was always u strong author
ity on constitutional law, in which line he
earned Il reputation second Ouly to that Of
Chief Justice Marshall. Among the best
known opinions delivered were the slaugh-
ter hOus. cases IF louisiana, In which ha
defined very clearly the line OF deInarca-
ton between tue rights of the Government
and those OF the states, and ii, the celebrated
Nallet Kilbourn case, in wnich ka held that
Congress as legis alive bddy. hal NO
right to take judicial proceedings against
any cit zen, but that such action must be
left to the courts as having exclusive turiS-
dictiOn in sucn cases He WAS tho legal adj
v SCR of tn President of the United states
on many intricate questions. and It Is prob
ably true that % American jurist ever stood
so hig h In the estimation OF the leading men
Of bota political parties.
Personally Justice Miller was always one
OF rhs most popular men in Washington.
lie was a thorough democrat and treated
every man. however humble, ~ equal
and with a delightful courtesy. In social
lie he was always a jolly soul. brimmng
over with fun and good nature and yet
never def rient in diguity ant s"lf control.
He married twice and Il son and daughter
by his second vile ere both married and
4 ave families. a daughter by h 5 first wife
married the late District Attorney CorkhilI,
Il Washington.