The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-25
Rufus W. Palham, Associate Justic
of the U. S. Supreme Court, VIII
Died Last Night.

A few days ago his condition became
such that his physicians said he was
likely to die at any time or might ling
er for several months. Up to a few
days ago Justice Peckham exhibited
considerable strength and was able to
be about the house. The circulatory
disturbance which contributed to his
death was first noticed about six years
ago.
Washington Expected It.
Washington. Oct. 25.-The announce
ment of the death of Justice Peckham,
while expected, came as a shock to his
associates on the bench and in official
circles, and everywhere expressions of
regret were heard. Justice Peckham was
a Democrat and before taking seat On
the bench gave considerable attention to
politics in New York. He was born in
Albany, November 8. 1885, and had been
on the bench. state and federal for rs
years. He came from the court of ap-
peals Of his native states.
Mr.. Peckham's first office was that
OF district attorney of Albany county.
He was elected to that position in 1868.
He afterwards became in succession cor
Ioration counsel for Albany, member Of
the Supreme court of the state and asso-
ciate justice Of the state court of ap-
peals. He was the last of President
Cleveland's Democratic appointees to
the federal Supreme court Chief
Justice Fuller and Justice White being
the OLQer TWO. lie look his seat AN
uary 1896
His chief distinction WAS that of CIV
ing his time exclusively to the duties
of the court. He accepted no outside
appointments and undertook no work
not connected with the high tribunal.
But he was in constant attendance on
| the court and he gave the most careful
attention to all matters before it. He
was married but went little into society.
He accepted no invitations to public
functions and made no public addresses
after taking his seat as justice.
His Special Work.
| Cases involving the rights of cor
porations received special considera-
tion at Justice Peckham's hands, and
he was the author of some of the
| courts most noteworthy opinions of
recent date along this line.
| Among them may be mentioned the
case of the Consolidated Gas COM
pany of New York in which he held
that while rates fixed by the legisla-
ture must allow a fair return on in
vestments, federal courts could not in
terfere to declare them valid unless
they were SO unreasonably low as to
be confiscatory. One result of that
decision was to cause the return of
several million dollars to consumers
Of gas in New York city.
Several of Mr.. Peckham's corpora
4 ton decisions dealt with the Sherman
tdnLl-lTuSI law DIS dpplltQ " I1llI Oc0o.
These included the joint traffic and
the Trans Missouri cases in both OF
which he held the law to be
applicable He also prepared and de-
livered the opinion of the court in the
case of Attorney General Young OF
Minnesota, in which he held that the
federal courts could interfere with the
execution by the state courts of an un-
constitutional state law.
Il Judge Peckham's bearing was dis
tinguished and his manner affable
Altogether his bearing and appear
ance were those of high breeding and
he would have attracted attention il
! any assemb1age. He was an agree.
able and entertaining conversationalis
and highly popular with his associates
Colleagues Deeply Affected.
{ When the news of Justice Peck
, hams death was broken to the sur
, viving members of the supreme cour
all appeared to be deeply affected, al
: though the end of their fellow juris
t had been looked upon as merely &
' matter of hours. Chief Justice Fullel
: expressed his sorrow and said tina
2 the passing of Justice Peckham was 1
severe loss to the American bench.
FL Justice Harlan was overcome witt
emotion when he heard the news.
81 at is a great loss to the country.
: he said Justice Peckham was on
RI of the ablest jurists who ever sat OIL
ri the American bench. He was pure il
lmind and thought and free from