New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-25
HIS WORK ON THE BENCH.

HIS WORK ON THE BENCH.
Washington, Oct A-The announcement
% the death OF Justice Peckham. while ex-
pected, came as a shock TO his associates
on the bench and in Official circles. and
everywhere expressions OF regret were
heard.
His chief distinction was that OF giving
his time exclusively to the duties Of the
court. He accepted no outside appoint
ments and undertook no work not connected
with the high tribunal Of which he was a
member. He was in constant attendance on
the court and he gave the most careful at
tention to all matters before It. He was
married, but went little into society. I'm
like others OF the justices. he accepted no
invitations TO public affairs. and made no
public addresses after taking his seat as a
justice.
Cases involving the rights OF corporations
received especial consideration from Justice
Peckham. and he was the author of some or
the courts most noteworthy opinions Of re-
cent date along this line. Among them
may be mentioned the case of the COnsoli-
dated Gas Company OF New York, in which
he held that while rates fixed by the Legs
lature must allow a fair return invest
ments, federal courts could not interfere to
declare them invalid unless they were so
One result OF that decision was TO cause
the return of several million dollars TO con-
sumers of gas in New York City.
SOME OF HIS DECISIONS.
Several of Mr. Peckham's corporation
decisions dealt with the Sherman antitrust
lew as applied to railroads. 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 it was held that the federal courts
could interfere with the execution by the
state courts of an unconstitutional state
law
Judge Peckhams bearing was distin-
guished and his manner afrable. His hair
and mustache were snow white and his
hair was longer than hair is usually worn.
His features were clear cut He was an
agreeable and entertaining conversation
elist and highly popular with his associates.
When the news of Justice Peckham's
death was broken to the surviving mem
bers OF the Supreme Court tonight all Of
them appeared to be deeply affected. al
though the end of their fellow jurist had
been looked on as merely a matter OF
hours. Chief Justice Fuller had retired
when word was conveyed to him, but he
expressed his sorrow and said that the
passing OF Justice Peckham was a severe
loss to the American bench.
JUSTICE HARLAN OVERCOME.
Justice Harlan was overcome with emo
ton when he heard the news.
EFT is a great loss to the country" he
said. Justice Peckham was one Of the
obi NJ M
can bench. He was absolutely pure in
mind and thought and free from every
thing that would prevent him from rem
dering an honest judgment in any case
brought before him.
He had strong political convictions. but
when on the bench he knew no litigants
politics and cared nothing for it. His
sole desire was to administer the law as
1t was and to give each party in every
case his just rights. I had a great per-
sonal affection 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 Peckham's life
and services. The justices are so closely
bound together by common ties that the
passing of any one OF them is sorely felt.
There is genuine mourning tonight among
those with whom the late jurist had served
so long and this extends TO the employees
OF the Supreme Court.
In the absence Of any order from Chief
Justice Fuller tonight, II was not an
nounced that the Supreme Court would
stand adjourned tomorrow out OF respect
To the memory of Justice Peckham. 1t is
understood. however. that the court VIII
meet tomorrow at noon as usual and will
Immediately adjourn without touching the
calendar OF transacting any business.
Rufus William Peckham was born IN Al
hany in 1895 the youngest son of Rufus
Wheeler Peckham Judge Of the Court of
Appeals OF New York. who drowned
with his wife in the shipwrecA of the Vile
de Havre in 1873 while on his way To Eu-
rope for his health Mr.. Peckham received
his early education at the Albany Acad-
envy. and later studied in Philadelphia.
Following his graduation from Phila-
deIphia school, Mr. Peckham went abroad
where he remained for a year. On his re-
turn he took UP the study of law in the Of
ace OF his father, and was admitted to the
bar in 1859. Having obtained large prac-
tice. he formed partnership with his faith
er's partner. a Mr.. Tremain. under the nrnn
name of Peckham & Tremain.
He was elected District Attorney OF AL
bany County in November. 1858. and served
three years II was in his term OF once
that the famous express robbery took place
on the railroad bridge at Albany. when the
ri.