Evening star., 1902-09-15

benefactions. Their son. Francis Galley
Gray. became noted for his bequests to Har-
ward College, one of the Harvard buildings.
Gray's Hall, being named after him. Hor-
ace Gray, another son. and father of JUS
tice Gray, was a leading citizen of Boston,
and active in effecting many public i'm
proVements in that city. He was unusually
interested in Horticulture. and is credited
with originating the idea of establishing
the now beautiful public gardens Of Bos-
ton. He owned in 1910 the largest grape
house in the United States for the cultiva-
tion of foreign varieties.
The early education of Justice Gray was
acquired in the schools of his native city,
and he was graduated from Harvard Col,
lege in 1S4j after which he Travelled tx
tensively through Europe, and upon his re-
turn home took the course I'm Harvard
Law School He then entered the office of
Judge Lowell. and was admitted to the bar
in 1S51 Success attending him. he soon
rose TO high rank in the legal profession.
ReporterMassachuset Supreme Court
From 1874 to 1861 he WAS reporter OF the
Massachusetts, supreme court. and during
that period published sixteen volumes. Ia
the meantime. in 1851, he formed a law
partnership with Judge Hoar, disposed OF a
large amount of legal business, and became
one of the leaders at the bar of his native
state. August "a, 1864. Governor Andrew
appointed him an associate justice of the
supreme court of Massachusetts, and Sep
tember 3, 1873, he became the successor Of
Reuben A. Chapman as chief Justice.
The most important of his decisions
a state judge were In relation to ancient
grants and boundaries, the effect OF war
upon private rights, and the annexation Of
towns, the exemption of the United States
from suit. the law Of charities, the liability
of municipal corporations TO private action,
the constitutionality Of confirmatory stat
utes and the conflict of laws
He was appointed associate Justice Of the
United States Supreme Court by President
commissioned December 20, 1881. Hts sew
enteen years of experience on the supreme
bench of his native state had eminently
fitted him to become q member of the high
est tribunal in the land He had already
proven himself a thorough lawyer and an
able jurist. In character as well as pro-
found learning in age, robust vigor and
imposing presence he was so well suited for
the position that his appointment received
the most favorable comment from all sec
tons Of the country.
He at once became one of the trusted
guardians of the interest of justice, his
views in the Supreme Court having been
chiefly in support Of a high exercise of fed
eral authority. In noted case establish
ing the consttutionality of the legal-tender
acts in times of peace he placed the cap
stone upon the majestic column represent
ing ,he national power attaining height
to which the boldest architect of the Con-
stitution had never raised his eyes"
Possessed Strength and Firmness.
In mis- judicial utterances and opinions he
expressed himself with great strength and
frmness, supporting his conc!usnions with
well-sustained authority. Some of his most
noted deliverances on the Supreme bench
relate to the conflict of Jaws, the consti-
tutionality of will acts. the Interpretation
of wills, the nature of infamous crimes the
powers Of courts-martial, the exemption OF
property Of the United States from tax
alton by state the civil law of Louisiana,
the distinction between capital and income.
the original jurisdiction of the Supreme
Court over suits by a state and the jurisdic-
ton of the United States over the Guano
Islands. His dissenting opinions were Few
in number.
In the early part Of August Justice Gray
resigned from the bench Of the United
due to i'll health. Several months previous
some time later was followed by another.
He had not appeared the bench since
he was stricken the first time. His ad-
vanced age-seventy- -four-told against his
recovery with serious force. He realized
that he probably never would be able again
to o-assume the place which he SO long had
filled with distinguished ability and honor.
and decided to inform. the President of fis
intention to retire. With the exception OF
Justice Harlan, he served on the bench e
the United States Supreme Court longer
than any of his colleagues at the time OF
his retirement