Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-14
When 1t Was Not So Pleasant.


IN three instances known the chief iusti.e-
snip has been declired the persons SO de-
Ginning being jay, commissioned for a
second time; Gushing. one of the first bench.
ana the brilliant, ambitious Roscoe Conkling
of the modern era
In many cases an associate justiceship has
been declined, the most notable instance be-
ing that of John Quincy Adams who .f,sr-
ward became President Three men have
been rejected for the chief justiceship-John
Rutedge, named to succeed Law. Caleb
Gushing and Attorney General Williams,
nominated by Gen. Grant to succeed Chase
fancy, in the year prior to his being made
chief Justice, was practically defeated for
an associate justiceship by adverse action
OF me senate IN the form OF an indefinite
postponement of his case. The complaXIon
or the Senate having changed politically he
was later nominated and confirmed as chiaF
1ustlce. 1t is an open state secret that Pres
ldent Lincoln had selected Strong of Pennsvl-
ia, afterward appointed an associate ms
tice by Gen. Grant, for the chief ius,icashin
made vacant by Taney's death, out thai
p ISnndf considerations, in which the re-
Dental field figured, led to his naming
Chase for the position.
A Judicial Boarding House.
In the DAYS before and during the carly
part of the war the justices Of the Su
preme Court lived in hotels and boa riding
houses.
Chief Justice fancy and several OF his
associates on the bench lived for many
years in the old boarding house on l-2
street just on Pennsylvania avenue. Here
was the consultation room, where the judges
met to make final disposition of cases,
the present consultation room at the Capt.
tol having been fitted up for use about
1868. II was in this old-time judicial board
ing house that The court attempted to make
rule which should govern only the mem
hers thereof the result Of which led to
a 70 INST Cfrrtv ,.-t,s LII,
has passed muster among the good things
for many years.
AS is well known, ii was in the old days
a very common thing for wine to be served
at dinner, and the judicial table at Morri-
sons was not an exception to the rule.
The court on one occasion, for some cause
not written' held personal conference,
at which Ii was decided that wine should
be used at table only when the depressed
condition Of things, either from the state
of the weather or other like cause, lower
ed the physical tone of the court to the ex-
tent that stimulus would be required
10 uplift ii. 1t was agreed that this con-
dition would be more likely to exist during
rainy or cloudy weather. The rule was
bravely kept for some time, perhaps owing
to a prolonged or frequently interritting
rainy season. There came, however.
long dry time, both as to the weather and
the court, and each day observations were
anXiously taken as to chances for an over
cast sky. Justice Story, stepping to the
window one day from the dinner table,
carefully scanned the sky, and, asked by
his associates II there appeared any favor
able sign, said: Not even a speck of
cloud in sight" Turning to join his defect
ed associates, he suddenly frightened up
and added. But. my brothers, we have
been governed by too limited phase of
this question, for it must be remembered
that the jurisdiction of this court is cock
tensive with the boundaries of the realm,
and il would be strange, indeed, If at this
hour somewhere within that jurisdiction
ii were not raining or at least some clouds
in sight" 1t is said that this logic was
SO convincing that the court thereupon
drank to the health of the witty justice,
who had extricated them from then long
standing difficulty.
Homes of the Justices.
OF late years it has been the habit CT our
justices to live in homes of their own, and
all Of the present court so live, save Justice
Shiras who resides at the Arlington Hotel.
The white-haired and dignified chief justice
and Justices Gray, Brewer, Brown and
jackson live in comfortable homes in the
fashionable west end.
Justice Harlan lives in a beautiful home
on Columbian Heights overlooking the city.
his house being the site of the old
Columbian College. Justice Browns new
home, built by him, is on 10th street. known
also Executive avenue. When the
justice comes out of his house TO walk 10
the Capitol, as is his daily custom. he can
look into the front door of the White House.
/
was there that he drove burglar from his
bedside at the point of a pistol His life
put in jeopardy by this incident in the old
home came near being closed in the new by
an accident, when plate glass window
was crashed in a violent wind storm and
striking the judge in the temple made a
cut from which he nearly bled 10 death
before medical assistance could be had. lie
wears a plainly noticeable scar as a re
minder of his narrow escape.
Justice Field lives on Capitol Hill, direct
ly opposite the Supreme Court room, in one
of the three houses remodeled from the old
building in which the Senate and House
deliberated while the Capitol was heing re-
paired after its burning by the British.
Although in his seventy-eighth year the
justices appearance indicates that he may
yet distance Chief Justice Marshall in
longevity of service, and that he may even
reach the ripe old age while still cNpcund-
ing the law, reached by Chief Justice fancy
who was in his eighty-eiEhth year when
the great reaper closed his record on the
bench The three brothers, Cyrus David
and Stephen Field, have not alone mad the
honors of the great name as a sister has
added thereto by giving to the world a son
who, in the person Of Justice Brewer Of
Kansas, now sits by the side Of his Nener-
able uncle on the supreme bench. Justice
Field was one of the five justices of the
electoral commission, and out of the fifteen
members, being five each from the Su-
preme Court, the Senate and the House
but three Senators HOar of Massachusetts
and Hunton of Virginia, then members of
the House, and himself, are left in public
life at the national capital
Justice Clifford and the Jersey Girl.
The venerable Justice Clifford the presi-
dent Of that commission, an old line demo-
crat, appointed to the bench by President
Buchanan, never entered the White House
after Hayes inauguration, although il is
customary for the fun bench to pay a
visit of ceremony to the President at the
opening of each term of court. An anus
ing incident in connection with the good
old Judge may not be out of place here
lie lived for a quarter of q century at the
National Hotel. On one occasion there was
goodly company gathered in its parlors
among which was the judge and several
congressman and their families. II being
on the eve Of congressional nomination
time and discussion had as TO chances for
denomination of members present. a bright
young girl from an inner town in the
MOSQUITO state, not well posted On things
political, amused and electrified the COM
pany by stepping up to Justice Clifford and
pertly asking: Judge, are you going to
run again this fall'''
Perhaps an added reason why our
supreme Court judges present such a salts
fed appearance, free from the habitual
worried look so noticeable in the faces OF
our members and Senator's especially as
their terms II. Congress approach a close
Is that they do not have to bother and plan
to run again.
CHILION p. CONGER.