The National tribune., 1891-01-01
THE NEW supRFME IusTIcE,

Henry Billings Brown, Judge Of the Eastern
District Of Michigan, was on Tuesday, Dec. %,
nominated by the President TO be an Associate
Justice of the Supreme Court Of the United
States 20 succeed Samuel +. Miller, deceased.
Judge Brown was nominated by Gen. Grant 10
the place he vacates in March, 1875, and he has
boon one of the best District judges in the
country. The nomination was something OF
surprise 60 people here in Washington,
although Judge Browns name was promi-
nently mentioned when Judge Brewer was APP
pointed.
1t was well known that the President would
have nominated Attorney General Miller If he
had followed his own personal wishes in the
matter and that after him, Secretary of the In
terror Noble had great chances, but the expert
ment Of filling a vacancy on the Supreme
Bench as a mere qualification Of personal
friendship would have proved disastrous, and
was wisely avoided. With Gen. Millef and Gen.
Noble out Of the race, tho wiseacres thought
that Hon. Alfred Russell, Of Detroit Mich. was
the man who would secure the prize, for he was
backed very strongly.
After looking at the Endorsements piled
mountain high, i'm favor Of Mr.. Russell and
the other applicants, the President sent for
Judge Browns decisions and read them care
fully. lie found that they had rarely been
overturned by the Supreme Bench. He found,
too, that they related almost entirely to admi-
rally and patent cases. and although Justices
Batchlord and Bradley are well able TO decide
ON the few admiralty cases which now come
into the Supreme Court. he saw the desirability
OF adding TO the bench Judge who was famil-
lar with patent cases. Ii was Judge Browns
record and experience that turned the balance
in his favor. All the members Of the Michigan
DELEGATION agreed that there was no politics in
the appointment.
II is remarkable that little or nothing Of
Judge Browns life has ever found its way into
print. Appleton's big volumes OF biography
devote only nine lines to his career, and all the
books on Michigan in the Congressional Library,
except one contain no reference 10 him. The
single exception mentions his name in list Of
Judges and in n list Of persons who subscribed
$1,000 each to an art loan exhibition. Ii is
known, however, that he was born in Lee,
Mass, on March 2 1896 and that he graduated
from Yale 20 years later. One of his class
mates was Justice Brewer, now on the Supreme
Bench. In 1857 he emigrated 10 Detroit,
where he studied law in Mr.. RusselPs Office.
About 1861 no was appointed Deputy United
States Marshal, and was afterwards appointed
by Mr.. Russell, then United States District At
torney, as Deputy District Attorney, holding
that Office five or six years.
Upon the resignation Of Judge Walker, of
the Wayne County Circuit Court, in 1863, Mr.,
Brown was appointed by the Governor 10 ell
the vacancy. This was his first introduction TO
the bench, and he held the position until the
term expired, year later Then he became a
candidate on the Republican ticket for tho
same office and was defeated. He then entered
the firm Of Newberry & Pond as Junior partner,
Mr.. Newberry being great admiralty lawyer.
In the Fall Of 1872 he was a candidate in the
Republican convention for Representative to
Congress from the Detroit district, but his
strongest competitor, Moses w. Field, was
nominated, and afterward elected. In 1875. as
d Il. 4
President Grant 10 be District Judge.
The new Associate Justice is in appearance
very much like Representative Mckinley, eK-
copt that he is taller, being five feet eleven
inches in hight, and he weighs 100 pounds.
His face is full, square, and clean-shaven, and
his features and head are Websterian. His
fine physique and commanding features will
make him conspicuous on the bench, where he
already has many friends, particularly Justice
Blatcbiord. DC as a man of means and married
a lady Of wealth, their home being one Of the
finest in Detroit They have no children, and
spend each Summer IN travelling abroad. Both
arc fond Of social life and i'm this respect will
be great addition 10 Washington.
Judge Brown is quite well known here hsv-
ing been practitioner in the Supreme Court
before his elevation 10 the bench. lie has also
visited Washington several times since then.
I While his name was under consideration he
called at the White House. during which time
he met the President.
Judge Brown is a man Of great nerve and
bravery. Some years ago There wss a reign OF
/ terror in Detroit caused by burglars, who en-
! tered the houses OF the wealthest citizens. One
1 or two policemen had been killed, and finally
nearly every one armed himself against the
midnight visitors One night Judge Brown
was awakened out Of his sleep by some one
shaking him. Looking up lac saw q masked
man standing by his bedside.
Give me the keys Of your closet" said the
man, in whisper, and your wife's diamonds
and / won't make noise enough TO wake a
/ baby"
All right" said Judge Brown, also in 3
whisper
Then he ran his hand under his pillow as il
TO get his keys. Instead, he drew out a revolver
and, as quick as thought, fred direct at the
burglar, the bullet crashing through the mans
/ head.
Three hours later the burplar was dead