The Washington herald., 1908-02-10

With the dawning Of tomorrow comes
the birthday Of Melville Weston Fuller.
of Illinois. Chief Justice Of the Supreme
Court Of the United States. lie was
born at Augusta, Ne. on February IL,
seventy-fve years ago. On October s Of
this year ne viii have completed his
twentieth year as presiding officer Of the
great court. already having served lon6er
than any other Chief Justice, except those
renowned jurists, John Marshall, Of Fir-
ginia. and Roger B. Taney, Of Maryland.
MarshaTs service was thirty-four years,
and Taneys twenty-e y-eight-together more
than half os the period of the existence
Of the Supreme Court, and from the adop-
ton Of the Constitution Of the United
States until now. Thus, with Fuiier's
service added. the service of three chief
justices. taken together. has covered
eighty-two years Of the - since the Dec
laration of independence.
President Grover Cleveland sent to the
Senate the nomination of Mr. Fuller 70
be- Chief Justice on April 81, 1885. Mr.. Full
Ter was q Democrat and the Senate at
that time was Republican. Partisan pol
stronger then than now. ana the Repub-
Hcan Senate was reluctant 10 confirm 20
so exalted and important an Office "a man
appointed by the first Democratic Presi-
deut since the civil war. Republicans
recalled that il was the decision of Chief
Justice Taney and his associates, stand
ing against the acknowledgment Of the
rights OF citizenship 10 free man Of
color. which cast 10 the arbitTament Of
war the question OF the status Of the
negro.
Although he was known so Mr. Cieye-
land and 10 members Of the bar generally.
there was little that the public knew OF
the Democratic lawyer from Chicago
with whose name the President sur
prised the country and the Senate. The
nomination was referred 10 the Senate
judiciary Committee of the Fiftietn Con-
gress. The members of the committee
were: Messrs. EdmunGs. OF Vermont
chairman; ingalls,. OF Kansas; H0ar, Of
Massachusetts; Wilson. of Iowa; Evarts,
OF New York lRepuhlIcans, Pugn. OF
Alabama; Coke. Of Texas: Vest. Of Mis-
souri,. and George. OF Mississippi Demo
cratsl
Partisan rumors carried hints that Mr..
Fuller. during the civil war, had not
been q Jealous supporter Of the Union,
and thai ia ability as a lawyer IT was
questionable whether he should be con-
irmed in the highest judicial Office LOath
o. act, the Republicans controlling the
committee held back the nomination until
July 20. and then reported IL 20 the Sen
ate indorsiug. without recommendation.
For three hours the Senate I'm executive
session debated the nomination, the op-
position being led by Messrs. Edmunds,
EVaTts. and Stewart, while TWO other Re-
publicans MesSrs. CuHom and FaTWell.
supported. giving assurance OF Mr.. Full
Ier's uuqueStiOuable loyalty and pre-
eminent ability as lawyer The nomi-
nation was confirmed by "a vote of forty
one 10 twenty. Nine Republicans-MessTs
Frye. Hale. Blodgett. Cameron, Cullom.
Farwell, Jones, OF Nevada; Plumb, and
Quay-voted aye with the Democrats. OF
the Republicans who voted no and who
are now IN the Senate were Messrs.
Aldrich. Allison. and Teller, the last
named now acting with the Democrats.
AS soon as the nomination was con
frmed among the first TO go to the White
House and congratulate the President
were the two Republican Senators from
Illinois, FarwelI and Cullom The Rep
resentatives from that State, without ex-
eeption, heartily commended the appoint
ment. Mr.. Springer, Democrat. declared
that the appointment would give great
satisfaction TO the people OF Illinois and
all the Northwest, and would please the
entire country a. soon as the fine charac-
ter and ability Of Mr.. Fuller were known.
Mr.. Mason. Republican. afterward "a Sen
ator from Illinois, said that the President
could not have made d better choice.
Civil Service Commissioner Oglesby said.
This illustrates AIr. Cleveland's remark
able faculty Of judging men. Mr.. Fuller
goes at a single bound from private life
to the highest judicial p0sitiOn-n0t only
in America, but of the world-a case al
most without a parallel. He viii fully
adorn it-a worthy successor Of Marshall
and the great chief justices of the early
republic"
The nomination and nearly twenty
years service of Chief Justice Fuller have
preserved the unblemished eminence Of
the personnel of the court Enlightened
public opinion holds the court now, as n
has always esteemed IL, the best illus
tration of the genius of the founders Of
the republic The first Chief Justice, John
Jay, and his associates We're chosen by
President Washington because of their
integrity their learning. and their fidelity
to justice. From the beginning the Su-
preme Court in its service to the country
and in the character of the men who have
adorned il. has deserved what il enjoys
in enhanced degree-the respect, the ven
Grafton, and the affection OF the Ameri-
can people
Eight years ago. in New York, where
the court first sat, the centenary Of the
creation of the court was celebrated by
many of the most distinguished lawyers
of the country. One Of the orators. Ed
ward S. Phelps. of Vermont whose name
Mr.. Cleveland had considered for Chief
Justice at the same time as that of Mr.
Fuller. said: Judges will be appointed
and will pass. One generation rapidly
succeeds another But whoever comes
and whoever goes, the court remains,
keeping alive through many a century
We SHdu NOT SEE tne uShL tnaL burns
with a constant radiance upon the high
altar Of american constitutional Justice. &"
John Jay, the first Chief Justice, served
six years, and there sat with him during
that period eight associate justices. When
John Rutledge, of South Carolina, an
associate justice who had resigned. was
nominated Chief Justice. the Senate re-
jected the nomination, and for six years
the court was without Chief Justice
the senior associate justice presiding
John MarshalTs accession came in 1901
and his service lasted until 1885, and. in
the thirty-four years there served with