Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1890-10-18
JUSTICE MILLER.
Death Claims the Accomplished
Jurist.
For q Long Time Senior Member Of the
Supreme Court-Always = strong Au-
thOrity on Constitutional LAVA
CompanionAble Man.

WASHINGTON, Oct 14-Justice Miller
died last night at eight minutes OF
eleven o'clock without struggle and ap-
parently without pain.
A few minutes before the famous jurist
passed away the phlegm in his throat
gradually accumulated and his frame
ouivered. 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 $3.50 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 Jastice Samuel +. Miller was corn
nc Richmond, KY, April 10, 1916. He was
graduated with honor at the University OF
Pennsylvania and ut first elected to adopt
the profession of medicine After practic'
ing as physician q few years, however. ne
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 ana
soon became one OF the Republican
laaders in that then frontier State. Not.
withsianding repeated and urgent soiicita-
lions, he declined to be nominated for any
political office and confined himself to the
practice OF his pr0fes zion. In le6! President
Lincoln appointed him an Associate Justice
OF the Supreme Court and for many wears
he has been the Senior Justice. Justice
Field, appointed IN 1864 by Lincoln, Standing
next In order of seniority.
Justice Miller, by common consent, has
been reg Ided as the strongest man on the
Supreme Bench ever since he took his s,at
thereon. On two occasions ne was se.ected
for Chief Justice by the appointing power.
President Grant decided to N nate him
for that office, but II was ar IL that 1t would
be an affront To Justice Noah ii. Swayne,
who had served longer than Ju tee Miller,
and as compr mise Morrison II. Waite was
chosen. Duri " Mr.. Cleveland's administra-
ton the cues ion OF promoting Justice MIL
Ter was seriously considered by the Pro,i.
dent when. Chief Justice Waite died, but he
was dissuSded by his party associates, who
deemed such course unwlse, and Melville
w. Fuller was appointed Chief Justice In
stead.
Justice Miller was always strong author
lty on constitutional law, In which line he
eurned a reputation second only to that of
Chief Justice Marshall. Among the best
known opinions delivered were the slaugh-
ter houss cases u Louisiana, In which he
defined very clearly the line OF demarca.
ton between tho rights of the Government
and those OF the States, and In the celebrated
Hallet Kilbourn case, In which he held that
Congress as q legis alive body, hal no
right to take judicial proceedings against
any cit zen, but that such action must be
left to the courts Ms having exclusive 1uris-
dIctIon In such cases He was the legal ad.
User OF the President of the United states
on many intricate questions, and 1t 10 prob
ably true that no American jurlst ever stood
80 hiRh In the estimation OF the leading mon
Of both political parties.
Personally Justice Miller was always on
OF the most popular men In Washington.
tie was a thorough democrat and treated
every man, however humble, as an equal
and with a delightful courtesy. In social
life he was always a jolly soul, brimming
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 vile nre both married and
have families. A daughter by his first wife
married the late District Attorney Corkhll,
Of Washington.