The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-27
DIED IN TEN MINUTES
HE HAD JUST FINISHED y
LEGAL ARGUMENT.
SUPREME COURT ADJOURNED FOR THE DAY
Mr.. Garland Won Rational Fame Through the
Overthrow of Law Oebarring Fx Con-
federates Who had not taket Test
Oath from Prscticing Law.

Ualh from Fractclng law.
Washington, Jan. 26.-Former Attor-
ney General Augustus II. Garland was
stricken with anopleXy while addressing
the United States Supreme court at
1915 O'Clock this afternoon, and died
within ten minutes.
When the court convened at noOn Mr.
Garland resumed an argument in the
case OF Towson VS.. Moore. which had
begun yesterday. Mr.. Garland spoke
calmly, and with no evidence of agita-
ton or effort. He had read from a law
yolpme and had followed with the SEN
tcnce:
This, your honors. is our conclusion"
AS the last word was uttered Mr..
Garland was seen to raise his hand and
then gasp. He tottercd and fell heavily
to the floor A succession of loud, deep
gasps came from him as he lay on the
fioor. His associate in the ease, Mr..
Franklin Mackey, was at once by his
side and the head of the dying man was
raised, his shoes removed and glass
of wafer. given him He was carried
from the chamber across to the room Of
Chief Clerk Mckenney. and there placed
~on Il sofa. Senator Gallinger, who is
a physician, was near at hand. Within
~ minutes from the time OF the stroke
Mr.. Garland hfeathed his last.
Mr.. Garland had been in poor health
for several years, and some months ago
was at the hospital for some weeks
f,.ia r1e. yhpr ba -ali
enough to be out again that he had
failed rapidly and was growing feeble
Several weeks ago he was taken ill with
the grip and had suffered from its effects
ever since. He doctored himself by
taking popular remedies. and it is under
stood, he did not consider his case seri-
ous enough to call in a physician. Yes
terday afternoon while in the Supreme
court room he laid his head on his hand
as he sat at a table for the accommoda-
ton of counsel, and complained of feel
ing very ill., This morning before he
went into the court room he spent some
time in the clerks Office and remarked
to one of the officials that he was not
feeling very well, and he thought he
would go to Fort Monroe next Monday
to take rest. He did not regard his
condition as at all serious.
After the death of the former Attor-
ney General became known the Supreme
court adjourned for the day
The news of Mr.. Garland's S death pro-
duced a profound sadness in the Senate
where he had served for many years rs
one of a galaxy of distinguished men.
While in the Senate he had been q mem
ber of the Committee on judiciary, and
had taken rank with the strong men Of
that day. He naturally gave the great
er share of his attention TO legal ques-
tions as the tendency of his mind was
in that direction. OF recent years he
had practiced his profession almost ex-
clusively in the Supreme court Of the
United States. 1t was here that he won
his most pronounced triumphs and since
the end must come. all recognize that it
was most fitting.
that it should have come while he was
performing his duties in this great
forum.
His first appearance in the court was
in connection with the great case in
volving the validity of the test oath
law and the result of his contention i'll
this case gave him national fame. The
case grew out Of the legislation of the
reconstruction period. Under the law
in question, no lawyer who had partici-
pated in the Civil War on the Confed-
crate side could practice his profession
until he had taken the oath. MIR. Gar
land challenged the constitutionaIity of
the law for himself and neighboring
lawyers and beginning with the lower
courts he followed the case up through
the various tribunals TO the Supreme
Court OF the land. There. notwithstand-
ing the court was politically almost
unanimously opposed to him, his position
was sustained and the law overthrown.
In the contentious in the Republican
party in Arkansas i'll the Brooks Bax
ter days, Mr.. Garland espoused the
cause of Mr.. Baxter as did a majority
Of the Democrats and he succeeded Mr..
Baxter as Governor of the State. He
was first to the Senate i'll 1877. being
unanimously chosen and was serving his
second term when called into Dir. Cleve-
lands first Cabinet. While occupying his
position as Attorney General he was
rendered the position on the Supreme
Court bench afterwards given to Mr..
Lamar, but declined
Since retiring from his position in the
Cabinet Mr. Garland has resided in
Washington. He had friends here,
whore he was universally esteemed for
his unassuming manners, genial dispo-
sition and common sense way Of view