Los Cerrillos rustler. (Cerrillos, N.M.) 188?-1891, 1890-10-24
JUSTICE MILLER
Death Claims the Accomplished
Jurist
Ter . Lsng ums ssnior Msmber 90 the
supreme coart-Aiwsys = strsnE A1-
tharity On Constitutions Lava
Campanianshls MAa-

WASHINGTON. Oct lA-Justirc Miller
died last night AZ eight m nutes Of
eleven o'clock without struggle and ap-
pArently without pain
Anew minutes before the famous jurist
passed away the phlegm in his throat
gradually accumulated and bis frame
quivercd IL was evident that the end
was fast approaching, and the members
Of his household who were not In the
sick room were hastily summoned 20
his bedside
Justice Miller was stricken with pa
ralysls about $50 o'clock Friday after
noo As he was returning home from
the Capitol lie felt the first at
tack in his left side when be was about
100 yards from his house and struggled
hard 10 reach home, but was unable TO
do SO and fell PROSTATE In the street
cutting his face badly. lie rallied later
and for a short time became conscious
Saturday morning, however, he again
became unconscious and remained in a
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 no did,
hearty and robust though his constItu-
ton was
BIOGRAPHICAL
The late Justice samuel n. Miller IVES born
nj Richmon {. ny. April IS. istG lie was
graduated with honor at the University 81
Transylvania and at first elected to adopt
the profession Of medicine Alter p%ractic.
ing as physician a few year., however, he
decided 20 study Law, in watch profession
ho soon rose to cmincucc His sympathy
with the Northern aide OF the slavery qurs.
tion determined him to leave Kentucky.
aud In i he went to Iowa aud
soon became one OF the Republican
lenders In that then fo1ticr State. Not
withdrawing repeated aud urgent %soliclta.
lions. he declined TO he nominated for any
political Office aud confined himself 10 the
practice Of his prof .ion. In lsG! President
Lincoln appointed him an Associate Justice
OF the Supreme Court. and for many Neais
he has been the senior Justice. Justice
Field. appointed n 1855 by Lincoln, standing
next Ia order OF seniority.
Justice Miller, by common consent, has
been reg aided a the strongest man on the
Supreme Bench ever since h took his seat
thereon. On two occasions he was 50 .ected
for Chief Justice by the appointing power.
President Grant decided to u m nate him
Tor that Office. but % was arsu dthat II would
] hN AN AAiNAA ~ oNNNiNf HHAAN ~ fN - NhH
who had served longer than ia tee Millcr,
and rs "A compr mise Morrison Il Waite was
chosen During Ne. Cleveland admtnistra.
tiun ia quns ION Of promoting Justice MIL
Ter was seriously conside ed by the Pre,i-
dent when Chief Justice Waite died. but he
was dissuaded by his party associates, who
deemed such a course uuwisn, and Melville
W. FuIor was appOiutcd Chief Justice In.
stead.
Justice Miller was always a strong luthor-
ity on constitutional law, In which line he
earned Reputation second ouly to that of
Chief Justice Marshall. Among tho b'st
known opinions delivered were the slaugh-
tor nous eases # Louisiana, In which he
defined very clearly the line Of domarca.
tion between the rights Of the Government
and those of the states, and In the celebrated
Hallct kilbourn case, "a which he held that
Congress as n legis alive body. hal no
right TO take judiol i proceedings against
any cit zen, but hat such action must be
left to the courts as having exclusive turis.
diction In such cases lie wis the legal ad.
V ser of the President OF the United states
on many intricate questions, and Il Is prob.
ably true that no American iurist ever stood
so high In the estimation of the leading men
Of both political parties.
Personally Justice Miller was always on
OF this most popular men In Washington,
lie was a thorough democrat and treated
every man. however humble, ~ IN equa
aud with n delightful courtesy In sucia
llfe he was always "A jolly soul, brlmming
over with fun and good nature and ye
never deficient In dignity ami self control
lie married twice aud a son and dauHhtei
by his second wife IRE both married unt
have families. A daughter by h \ frat wife
married the late District Attorney CorkhllI,
Of Washington.