The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-07-09
JUDGE WILLIAMS DEAD.
Arkansas Judge Succumbs to Heart
Disease While in Colorado.

100000
Manitou. Col. July. s.--John A. VIII
hamS of Little Rock, Ark, died here
Saturday. Death was caused by or
ganic heart disease. He was taken i'll
suddenly last Thursday and physicians
We're unable to afford him any relief
For many years Judge Williams, with
his family and friends, has spent the
summer at Manitou. Two years ago
he was told by physicians that the alti-
tude was dangerous to him, but he had
continued to come here against their
advice.
Since 1890 he had been judge of the
United States court for the eastern dis
trict of Arkansas, to which position he
was appointed by President Harrison
He served through the civil war on the
union side under General Pope, and was
promoted to the rank of colonel Judge
Williams was born in Oneida county.
New York, and was 80 years of age at
the time of his death. He was admitted
to the bar in Wisconsin, from which
state he enlisted. He leaves a wife and
one son. The body will be sent to Little
Rock today.
Attorney General Boyle ofKansas clash
ed over the Hillmon case, and for a time
it looked as though a sharp states
rights struggle would follow. Judge
Williams, acting in Judge Foster
place, had issued an injunction prohibit
ing the attorney general and the state
superintendent of insurance from in
terfering with the. business of the
suit or otherwise. In spite of the order
Mr.. Boyle brought suit against the COM
pany to Gust it from Kansas for doing
business without a license.
There was a great stir in Topeka over
the attorney generals action Governor
Leedy declared Boyle had fired shot
that would ~be heard around the world"
It was thought at first that the COVER
nor meant to head another rebellion,
but he went on to say: THAT case must
go to the highest court in the land be-
,srA he in
junction granted by Judge Williams.
shall join with the attorney general in
doing anything that he may decide upon
in order to carry on this contest.
ITO what extent will you go in light
ing t?'' he was asked.
Il don't mean that we will try to
work up a rebellion or take up arms
What we will do will be in the courts,
but so far as the state of Kansas or it's
officers are concerned, we shall not stop
until the United States supreme court
shall have passed on the question"
Mr.. Boyle himself disclaimed any in
tention of precipitating a conflict with
Judge Williams. Il have not the re-
hottest intention to defy Judge Williams
or his restraining order" he said, ne
statutes of Kansas make it my duty to
commence an action of this character
whenever 1 am sufficiently advised that
an insurance company is doing business
without authority.
Il am personally acquainted with
Judge Williams and know him to be
pre-eminently fair minded man and also
a good lawyer. I am confident that
when he shall carefully review his ac-
ton in this matter he viii revoke this
order of his own motion"
Other Populists were not SO conServa-
tive. The governors friends were eager
to see the issue raised between the state
and the federal court believing, as
they did, that the action of Judge Will
liams in suspending the criminal and
civil laws of the state was an exception
ally strong example of those encroach-
ments by the federal courts on the
rights of citizens which the Popul1st
platforms have denounced
No one of the Populist leaders in To-
peka took quite so advanced a position
on the question as @. G. Clemens, the
supreme court reporter. Governor
I.eedy's policy was mild but firm. Glenn
ems took the ground that Williams ought
to be impeached and the federal court
abolished. He even limited at still more
revolutionary tactics and, considering
the fact that as a lawyer he practiced
in the federal courts, some of his utter
ances were surprising. In statement
at the time he said:
Is The darkest hour of the night is
the hour before dawn, says an old pro-
verb which finds frequent illustration
in the pages of history, and 1 trust the
may give US ere long a modern in
stance I see not how the uSurpation
of the federal courts can go any fur
Their; he has reached the limit and II
his usurpat ton be not resisted with all
the force the state of Kansas can COM
nand-by arms, if it should require
them-there is an end of state govern
ment.
IF such a power as Judge Williams
has assumed to exercise is to be toll
Grated then there are no sovereign
states any more, but only portions of
territory convenient for voting and tax
ing purposes Neither are there any
longer any constitutional limits to the
powers of federal judges, but they may
do precisely what they please-so long
as it is done for and not against a cor
poration or very wealthy citizen"
But all the incendiary talk came to
nothing Judge Williams said he saw
no objection to the action of the attor-
ney general and the threatened clash
never came.