The Iola register., 1890-10-24
MILLER DEAD.
Death Claims the Accomplished
es Jurigt.
For o Long Time Senior Member of the
Supreme Court-Alwsys . Strong Au-
thority on Constitutional LAVA
Companionable Man.

WASHINGTON, Oct 1A-Justice Miller
died last night at eight minutes Of
eleven o'clock without a struggle and ap-
psrently without pain
Afew minutes before tho famous jurist
passed away the phlegm in his throat
gradually accumulated and his frame
quivered Itwas 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 $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 re ac1 home, Sut 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 q
state of coma until death came. Ever
since Saturday his death was expected
at any moment and his physicians have
marveled shat he lived as long as he did,
hearty and robust though bis constitu.
ton was
BIOGRAPHICAL.
The late Justice Samuel v. Miller was born
at Richmond, Ky, April Is, 1916 He was
graduated with honor at the University OF
TransylvanIa and at first elected to adopt
the profession of medicine After practic-
ing as physician a few years, however, he
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 and
soon became one OF the Republican
Leaders in that then frontier State. Not
withsian ding repeated and urgent sollcita-
tious. he declined to be nominated for any
political office snd confined himself to the
practice of his Profession. In ls6! President
Lincoln appointed him an Associate Justice
of the Supreme Court, aud FOR many wears
he has been the Senior Justice. Justice
Field. appointed IN 1868 by Lincoln, standing
next Ia order OF seniority.
Justice Miller, by common consent, has
been regal ded as the strongest man on the
Supreme Bench ever since he took his seat
thereon. ON two occasions he was selected
for Chief Justice by the appointing power.
President Grant decided to n m nate him
for that office, but II was ary u, that 1t would
be an affront To Justice Noah II. Swayne,
who had served longer than Ju tice Miller,
and rs compr mise Morrison r Waite was
chosen, DuriIx Mr.. Cleveland's administra-
tion tn. Ques ion of promoting Justice MIL.
Ter was seriously conside; ed by the Presi-
dent when Chief Justice Waite died, but he
was dissuaded by his party associates, who
deemed such q course unwise, and Melville
W, Fuller was appointed Chief Justice in
stead. .... .H
Justice Miller was always a strong author
ity on constitutional law, In which line he
earned reputation second only to that of
Chief Justice Marshall. Among the bf SC
known opinions delivered were the slaugh-
ter house cases Of Lou isiana, in which he
defined very clearly the line of demarca.
tion between the rights of the Governments
and those of the states. and In the celebrated
Hsllet Kilbourn case, in which he held that
Congress as legis' atIve body. hal no
light to take iudIci i proceedings against
any cit zen, but that such action must be
left to the courts as having exclusive juris-
diction In SUCH cases He wasthe legal ad-
Scr OF the President of the United States
on many Intricate questions, and it is prob.
ably true that no American !urist ever stood
so high in the estimation of the leading men
of both political parties. E
Personally Justice Miller was always one
OF the most popular men In Washington.
He was thorough democrat and treated
every man, however humble, as an equal
aud with a delighaul courtesy. In social
life he was always jolly soul, trimming
over with fun and good nature and yet
never deficient in dignity and self control.
He married twice and a son and daughter
by his second vie ere both married and
married the late District Attorney CorkhIIl,
of Washington.