Evening capital journal. (Salem, Or.) 1888-1893, 1890-10-15
TO A HIGHER COURT.
The Venerable Justice Miller Quietly
Passes From Earth.

The venerable Justice Miller Quietly
Passes From Earth.
WASHINGTON, Oct. l3.--Justict
Miller, who was stricken with apo
plexy last Friday afternoon, quietly
passed away tonight, dying al
eight minutes before IL o'clock. A,
was predicted, the end was peaceful
and painless. He did not for Q
moment return to consciousness
after the night of the fatal stroke
Tonight there was little change
until about 1890 o'clock, when q
change for the worse came. From
that time respiration grew shorter
and 1t was evident that the end was
at hand. His family were called Il
the bed side and his physicians did
all that mortal power could do, but
at eight minutes before IL he ceased
to breathe. No definite arrange.
ments have been made in regard to
the funeral.
Samuel Freeman Miller was born
in RicnAond, KY, April s, 1915
He was graduated at the medical
department of Transylvania uniyer.
sity, KY, in 1888, practiced for a
short time and afterwards became a
lawyer. He was strongly in favor
Of emancipation and did much to
favor that cause, and, although he
took no part In politics, the course
of public affairs induced him to re.
move in 1850 from Kentucky ia
Iowa, where he became q leader OF
The republican party. He was
offered and declined numerous Off
ces aud devoted himself to his pre-.
fession, In which he took high rank.
In 1862 he was appointed by Presi-
dent Lincoln associate justice of the
United States supreme court, which
position he occupied ut the day of
his death. As an orator he possessed
unusual ability, and ip recognition
of his merit he was chosen to de-
liver the Grafton at the constitutional
centennial celebration vt Philadel.
phia. Justice Miller, by common
consent, has been regarded the
strongest man on the supreme bench
ever since he took bis seat thereon.
On two occasions he was selected
chief Justice by the appointing
power. President Grant decided to
nominate him for that office,
but 1t was argued it would be an
affront to Justice Noah II. Swayne,
who had served longer than Justice
Miller, and as q compromise Nor
rison r. Waite was chosen. During
Mr.. Cleveland's administration the
question of promoting Justice Miller
was seriously considered by the
president when Chief Justice Waite
died, but he was persuaded by his
party associates, who decided such
a course unwise, and Melville w.
Fuller was appointed chief justice
instead. Justice Miller has always
been strong authority on con-
law, which line he has q
reputation second only to that of
Chief Justice Marshall. He has
been the legal adviser Of presidents
of the United States on many in
tricate questions, and it is probably
true that no American jurist ever
stood 80 high in the estimation of
the leading men of both political
parties. He passed the time limit Of
70 years in 1885, but never gave any
indications of desire to take ad-
OF it, nor indeed, was there
any reason why he should. He has
been as vigorous, physically and
mentally, as most men are at 0O,
and has constantly done his full
share of work on the bench.
DID NOT NOTICE 1T AT FIRST.
"Have you lost anything?" asked
Mr.. Smiths son Emery, coming up.
Mr.. Smith felt where his valu-
ables ought to be, and not noticing
any decrease in the bulk, replied:
mo, they did not get anything"
The party then went to the Inter-
national hotel, and here, Smith sub
discovered that his pocket
book was gone. He was delighted
10 find his greenbacks where he put
,hem when he left old Missouri. He
mas reported the robbery to the
police and furnished q list OF the
stolen articles. The pocketbook also
contained a gold pen and holder.