The Birmingham age-herald., 1906-02-11
Chief Justice of the Supreme Court Suddenly Succumbs to Heart Failure on Train in the Outskirts of New Dr.
 leans While En Route to San Antonio
Capitol Building Draped in Mourning and Governors Pro- cIamaton Orders Executive Offices Closed on Day of
 the Funeral, Which Will be Held at Athens

M ONTGoMERY, February 1o-(spe- M cial )-By order of Governor Will liam D. Jeks the Stars and Stripes fly at half mast on the dome or the capitol today. The state mourns the chief justice of the supreme court, Thomas N. Mcclellan. who died early this morning while enronte to San An tonic. Texas, seeking a ciimate more suited to his condition than that of Athens, Ala. his home.
 The end came on the train just before 1t reached New Orleans, after a rather trying night aboard. It is understood that his body will be sent through here tomorrow morning for burial at Athens, his home. The supreme court. in body, will attend the obsequles.
 Judge Mcclellan and his nephew, Thomas Mcclellan, came to Montgomery last night, reaching here on No. 3, Louis vile & Nashville. shortly after ' o'clock. He remained until the regular leaving time of the train for New Orleans at 9:SO. During the stay here several close friends and admirers of the eminent Jurist Vis- ited him in the car and wished him safe journey.
 Among these were his associate on the bench. Justice John Tyson, Col. Paul Le- Grand, Robert F. Ligon, clerk of the supreme court, and MT. Joel Barnett. of the capitol watchman. service Each came away impressed with the appearance of strength shown by the judge and talked among themselves of his evident pros poets of recovery. They were astonshed when telegram came to Judge Tyson this morning telling of his demise en- route.
 Sorrow at Capitol. There is q feeling of gloom all over the state house today as a result of the death of Judge Mcclellan, recognized as one of the most far-seeing and competent iurists in the south, or the nation.
 His associates are peculiarly depressed and bowed down in sorrow. The court is practically adjourned, having finished the first call of the divisions several days ago, but remaining together to finish up number of Investigations that had been gone into and demanded early at tention.
 Friends of the dead. judge crowded the corridors of the capitol off and on all day to ask questions and to learn of the details of the end There were men from every walk of life who had seen the quiet sedate man walk back and forth from the capitol for several years and had learned to watch for him. All were sorrowful, for though he was not demonstrative he had large number of very warm friends in the general citizen- ship of the city.
 Almost 53 Years Old.
 Thomas Nicholas Mcclellan would have been 53 years of age If he had lived until the 23d day of this month, having been t,, I 1853. His parents were Thomas J. and Martha Fleming Mcclellan, coming by his mother from the well known Alabama family of the Moores He was Scotch Irish paternally and English on the other, and the family came to Alabama from Virginia. His ancestors on both sides of the house were Revolutionary fighters and heroes His father, whig in poli- tics. was member of the constitutional convention in Alabama in 1861 and 1865. and member of the legislature in 1862, and died at his home in Limestone coun- ty in 1887.
 Sketch of Life.
 Thomas N Mcclellan began his career in the service of his state in 1880. when he came to the state senate. Before that time he was register in chancery of his own county for two years. He became attorney general in 1884 serving as such until lSSs, when he was appointed by Governor Thomas Seay to the supreme court bench, the legislature having pro- vided for an additional member of that body. He served as associate justice un- til 1898, when he was elected chief justice and reelected in 1903. He was educated at Oak Hill college, Tenn, and took his law degree at the Cumberland university, at Lebanon. Tenn. He was never mar ried and was an uncompromising demo- crat in politics.
 Made Splendid Reputation.
 During his service in the judicial de- partments of the state Judge Mcclellan made a splendid reputation. Members of the supreme bench of the nation recall often the argument he made in well known Alabama case before the Wash lngton tribunal and his speeches on that