Evening journal., 1890-10-11

Iff11ss.S ~ >ss@T5EgsZ IN 100 yards Of his |
= {lsgSyEnsE III residence, and re
- /ARHas-@ elizing his troubl,
1rsrreR MILLER. endeavored e
reach II BY quick
enlng his pace. His left leg refused TO per
form Its function and became more and
more useless. This numbness finally ex
tended TO the entire left side The justice.
man Of determination, with mighty et.
fort attempted to drag himself along. lie
perhaps would have succeeded, bat at this
| point he had to cross a street car track
| paved with cobblestones. Upon these bel
stumbled, reeled aud almost fell. He re
covered however, and seemingly aware Of
approaching Inconsistencies again put
| forth another effort TO reach his doorway
now only twenty yards distant
Fell In Front OF Ills Own Homo.
Inconsistencies oyercame him, how
ever, at this moment, and upon the rough
| cobblestones Of the carriageway leading to
| his residence the justice fell with his
whole left side paralyzed. He fell upon
/ his face, which was badly cut by the rough
stones All this time his body servant had
stood In the doorway, not noticing that
sstice Miller was approaching, and not
until the justice fell was he aware OF his
presence. He Immediately hurried to his
assistance and with the help OF Others
lifted Justice Miller up the terraced steps
leading to his residence When picked up
he was totally unconscious After being
conveyed to his room he partially regalned
consciousness, and later on, after the ply
sicians who had been summoned had ad-
ministered medicines, he wholly recovered
conssc.s.e.usSnnsssa co,s -. usSnssa HIS left side, however,
Still remained numb, and his lekb IL =
9f41F
could be understood, was chick and heavy
lie Is resting easily, but a return Of the
paralytic stroke al any moment may carry
him Of He seems 70 realize, as do his
family, his precarious condition. His
physicians, DIS. Lincoln and Cook, hold
! put but little hope Of recovery. His son.
Mr.. s. Il. Miller, Jr., said to the United
Press representative that because Of the
advanced age OF his father the family en-
tertained but little hope Of his recovery.
Paralysis, he said, ran In the family, and
an aunt on hts fathers side had died Of H.
His father had always feared ii, and at
times had had premonitions Of his ap-
preaching fate. The fact that this was the
first stroke lent some little hope that his
fathers life might be spared for several
years to come.
A sketch of his Career.
Samuel Il. Miller was born in Richmond
KY, April >, 1916, and Is consequently
now In the 74th year Of his age. He was
graduated with honor az the University Of
1ransylvania, and at first elected TO adopt
the profession of medicine. After practis-
ing as a physician a few years, however,
he decided to study law, in which profes
sion he soon rose TO eminence His sym
pathy with the northern side Of the slavery
question determined him to leave Ken
tucky, and in 1850 he went TO Iowa.
In 1862 President Lincoln app ointed him
an associate justice Of the supreme court,
ard for many years he has beon the senior
justice, Justice Field, appointed in 1858 by
Lincoln. standing the next in order OF
seniority.
a judicial Giant, ----~sE, ).
Justice Miller by common consent has
been regarded 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 nominate him
for that office, but IL was argued that It
would be an affront 10 Justice Noah H.
Swayne, who had served longer than JUS
tice Miller, and as o compromise Morrison
r. Waite was chosen.
During Mr.. Clevelands administration
the question OF promoting Justice Miller
was seriously considered by the president
when Chief Justice Waite died, but he was
dissuaded by his party associates and Mel
vile w. Fuller was appointed chief justice
instead.
Some OF His Famous Opinions
Justice Miller has always been strong
authority ON constitutional law, in which
line he has earned reputation second only
TO that OF Chief Justice Marshall Among
the best known opinions delivered by
Justice Miller were in the slaughter
house cases of Louisiana In which he
defined very clearly the line OF demarca
ton between the rights Of the government
and those Of the states, and in the cele-
brated Hallet Kllbourn case in which he
held that congress- as a legislative body,
had no right to take judicial proceedings
against any citizen, but that such action
must be left to the courts as having exclu.
sive jurisdiction in such cases He has
been the legal adviser of the presidents OF
the United States on many intricate ques.
tions, and it Is probably true that no
American jurist ever stood so high in ths
estimation Of the leading men OF both po-
litical parties.
His Work Is Over.
Il is hardly possible that he will ever re-
| NAAAo hAn oceAA IN BGnJAf own Al LIS AAAN
Is prolonged. He passed the time limit OF
70 years ia 1885, but never gave any indica-
tion OF desire TO take advantage of it,
nor, indeed, was there any reason why he
| should
Until the present time he has been as
vigorous physically and mentally as most
men at 80, and he has constantly done his
full share of work on the bench. Person
ally, Justice Miller has always been one Of
the most popular men in Washington. he
treated every man, however humble, as an
equal, and r,ith a delightful courtesy. In
social life he was always brimming over
with fun and good nature, and yet never
deficient In dignity. He has been married
twice, and son and daughter by his sec
ond wife are both married and have fam
lilies. A daughter by his FIRST wife married
the late District Attorney Corkhill ok
| WashipGton.