The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-08
CHIEFS AMONG LAWYERS
Jurists Whose Decisions Cannot
BE Appealed From.
Personnel of the supreme Court of
the United Statcs-Dutics of the
Chief Justice and His Associates
on the Bench John Jay the
First Presiding officer of the Body.

The Supreme Court of the United States
the most exalted legal and judicial factor
in the country, upon its first session, a
little over a hundred years ago. in New
York city, adjourned Immediately for lack
of business. Now those citizens who wish
their causes to be heard by this same court
have to make their applications long be-
fore they are presented for argument.
John Jay. the first Chief Justice who oc-
cupied that position, was Secretary of
State at the same time and afterward re-
signed the latter office to become Governor
of New York, which was then, as it is
now most desirable position.
The Supreme Court is unique in one re-
spect. In no other country is there a jul
dicial body which can set aside a law of
the land. 1t is the Interpreter of the Con-
stitution. Congress may pass a law and
the President sign it, but il the Supreme
Court decides that that law is not in ac-
cordance with the Constitution the statute
then becomes null and void.
Every litigant is entitled to the opinion
Of every one Of the judges upon his case,
each of whom studies it individually after
hearing the arguments. and on day set
apart for the purpose they discuss 1t to-
gether.
| The Chief Justice assigns to the others
! the cases in which they are to write opn-
ions, and every Saturday night his mes
! senger goes the rounds of the judges
houses delivering sealed envelopes con-
| tanning the list of cases allotted to each.
! Melville Weston Fuller. the present Chief
Justice, was appointed by President Cleve-
| land during his first Administration. He
| was formerly prominent member of the
| Chicago bar, in which position his income
was said to have yielded him from $50, 600
TO $4,000 a year. Mr.. Fuller had distn-
guished himself before his appointment 10
| the Chief Justiceship, in several important
cases. notably that of the Lake Front, in
which he represented the immense inter
ests of the city of Chicago. His argu-
ments in the famous Cheney case, in
which he defended Bishop Cheney before
/ an ecclesiastical tribunal. also resulted
successfully, and were remarkable for the
extraordinary knowledge of ecclesiastical
| lore displayed
The Chief Justice was born in Augusta,
Me-, in 1893, and 1t is interesting TO no;e
that he and James G. Blaine began life
together in that little town as newspaper
Democratic paper and the other upon a
Republican journal. After graduating from
Bowdoin College in 1853. and studying law
at the Harvard law school. Mr.. Fuller
practiced in Maine for several years. and
then went West and settled in Chicago.
Unpretentious and kindly in manner. as
he is upright and able in his exalted pub
lie duties. the Chief Justice is at once
loved and respected by his associates He
has quiet appreciation of humor. and it
is said that in his leisure moments he de-
lights in comforting with the various peo-
pie whom Charles Dickens has given an
immortal existence. and it is further init
mated that he finds in these conferences
both wit and wisdom pleasure and profit.
he is a great reader and has been known
TO say that even the thrilling mysteries of
the dime novel are not entirely unknown
to him, while the latest creation of the
novelist generally finds an interested pc
ruser in the eminent iurist.
The seat on the right of the Chief JUS
tice is always occupied by the Associate
Justice who has been longest on the
bench; that on the left by the next in or
der of seniority. and SO on alternately
from right to left.
This post of honor is at present occupied
by Associate Justice John Marshall Harlan.
a native of Kentucky. He is named after
Chief Justice Marshall, of whom his father
was an ardent admirer. and was born in
Boyle county. in the Blue Grass State
in 1888. He is a graduate of Centre Col
lege. afterward studying law at Transyl-
vania University. and practicing that pro-
fession at Frankfort.
When the civil war broke out Yr. Har- |
land espoused the Union cause at n time |
when the loyalty of Kentucky was doubted |
and the action of every citizen was signi- |
ficant. In the fall of 1861. he organized |
and became the colonel OF the Tenth Ken |
lucky Volunteer Infantry. and was In ac-
tive service until the death of his father |
two years later. obliged him to return |
home, although the rank Of brigadier gen.
cral was just before him.
Soon after leaving the Army Colonel |
Harlan was elected Attorney General OF
Kentucky by the Union party. and was
twice. against his own inclinations. nom'-
mated for the governorship by the Repub-
licans. He was chairman OF the Ken
lucky delegation at the convention that
nominated Mr.. Hayes. and was appointed |
by him to the Supreme Bench in 1877.
Justice Harlan was only forty-four years
old when he took his seat the Supreme
Bench. He has become famous for his
dissenting opinions. In the Civil Rights
cases, involving certain privileges claimed
by the cOlored people he stood alone, In
his opinion, against the whole court and
his contention, delivered without note or
made a profound Impression.
Everybody doubtless still remembers the
sensation his dissenting opinion in the in
come tax cases created some four years
ago.
1t is seldom that such a display of pas
sionate eloquence Is INDUCED in in the
Supreme Court, the opinions of the judges
being given in an even, low tone, but Jus
tice. Harlan. in his protest against the ac-
ton of his associates in this instance,
Numbered his dissent so vigorously that
his hearers sat electrified and amazed.
To the left of the Chief Justice sits Mr..
Justice Gray, who is giant physically and
stands six feet four inches in
his stockings, is broad and stalwart in
and is, in fact, a monument of
health and vigor. He is Bostonian by
birth, and was born in the year 1928. He
from Harvard IN the class of 10
and took a course at the Harvard Law
school. For seven years he was reporter
Of the Supreme Court of Massachusetts,
md was afterward appointed associate JUS
ice OF that court. Later he became its
chief justice, and continued as sue! until
1881, when President Arthur appointed him
o the Supreme Bench of the United States
Judge Gray is the possessor of a magnih-
cent library in his home on | Street and
ives the somewhat retired life OF u {
scholar.
Justice David ]. Brewer is a nephew of
he famous Field brothers-David Dudley =
'eld, Cyrus Field, the Rev. Henry NJ.
field, and Justice Field. the later of
whom he once sat beside upon the Supreme
Bench.
Justice Brewer was born in Smyrna in
asia Minor, where his father was a mis- s
ionary, in 1899 He graduated with high L
lonors from Yale in the now famous class