The San Francisco call., 1909-10-25
Official Circles Grieved


nouncement of the death of Justice
Peckham while expected. came as
a shock to his associates on the
bench and in official circles and every
where expressions of regret were
| heard.
Justice Peckham was a democrat and
before taking a seat on the bench gave
considerable attention to politics in
New York. He was born in Albany
N. Y. November s. 1898, and had been
on the bench, state and federal, for
25 years. He came from the court of
appeals of his native state.
| 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,
a corporation counsel for Albany,
member of the supreme court of the
state and associate justice of the state
court of appeals. He was the last of
President Cleveland's democratic ap-
pointees to the federal supreme court,
! Chief Justice Fuller and Justice White
being the other two. He took his seat
in January, 1896.
| His chief distinction was that of
giving his time exclusively to the
duties of the court. He accepted no
outside appointments and undertook no
work not connected with the high
| tribunal. He was in constant attend
ance on the court and he gave the most
careful attention to all matters be-
fore it, He was married. but went
little into society He accepted no in
vitations to public functions and made
no public addresses after taking his
seat as Justice
Cases INVOLVING the reports of cor
porations received special consideration
at Justice Peckham's hands, and he was
the author of some of the courts most
noteworthy opinions of recent date
along this line.
Many Noteworthy Decisions
Among them may be mentioned the
case of the Consolidated gas company
of New York in which he held that.
while rates fixed by the legislature
| must dilOW d IdlI lCbdAh 0i lhNSSl-
ments federal courts could not inter-
fere TO declare them invalid unless
they were so unreasonably low as to be
confscatory. One result of that de-
cision was to cause the return of sew
| eral million dollars to consumers of gas
| in New York city.
| !, Several of Peckham's corporation de-
cisions dealt with the Sherman anti
trust law as applied by railroads. These
included the joint traffic and the trans
Missouri cases, in both of which he
held the law to be applicable. He also
the court in the case of Attorney Cen
eral Young of Minnesota, in which he
held that the federal courts could in
terfere with the execution by the state
courts of an unconstitutional state law.
| When the news of Justice Peck
members OF the supreme court tonight
all were deeply affected.
Chief Justice Fuller expressed his
sorrow and said that the passing of
Justice Peckham was a severe loss to
| the American bench.
Praised by Harlan
Justice Harlan was overcome with
emotion when he heard the news. .It
is a great loss to the country" he said
Justice Peckham was one of the
ablest jurists who ever sat on the
American bench. He was absolutely
pure in mind and thought.
HE had strong political conviction,
but when on the bench he knew no
litigant's politics and cared nothing
for them. His sole desire was to adj
minister the law as it was and to give
each party in every case his just
rights had great personal affec-
tion for him, and he was one of the
purest men I ever knew
The other members of the tribunal
spoke in similar terms OF Justice
Peckhams life and services.
In the absence of any order from