Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-10-25
ANNOC NCFNIENT SHOtk
10 ASSOCIATES ON Ht,\Cu

Justice fcckham was 4 democrat
and, before taking seat on the
bench, gave much attention TO politics
IN New York He was born In Al.
banS, \. y, November &. 1898. and
had been ON the BENCH state and fed
er7'l, for twcnty-sN years lie came
from the court OF appeals Of his nutivel
state.
Mr.. Peckhams first office was thatI
OF district attorney of Albany county.
He was elected IN 1868. lie after
wards became in succession 4 corpora-
ton counsel Tor Albany, member Of
the supreme court of the state and
assistant Justice of the state court OF
appeals lie was tho last OF President
CleVeland's democratic appointccs to
the FEDERAL supreme court. Chief Jus
ttce Fuller and Justice White being
the other two. He took his seat IN
January, 1896
His chief distinction VAS that Of
giving his time exclusively to duties
of the court, lie accepted no outside
appointments and undertook no work
not connected with the high tribunal
lie was married, but went little in
society, He accepted no invitations to
public functions and made no public
addresses after taking his seat as a
Justice.
Cases involving rights of corpora
tions received special consideration at
Justice Peckham's hands and he was
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 company
of New York, i'll which he held that
while rates fixed by the legislature
must allow n fair return on invest
God. a =.
fere to declare them lnvatid unless
they were so unreasonably low as to
be confscatory. one result Of that
decision was to cause the return or
several millions dollars to consumers
of gas in New York city
Several OF Mr. Peckhams $ corpora
ton decisions dealt with the sherman
antitrust law as applied by railroads
These included the Joint traffic and
the Transmissomi cases in both of
which he held the law 70 be applica-
Bile. He also prepared and delivered
the opinion OF the court in the case
OF Attorney General Young Of Min
nesota, in which he held that the
federal courts could interfere with
the execution by state courts Of an
unconstitutional state law.
Judge Peckham's bearing was dis
tinguished and his manner afable.
He was an agreeable and entertaining
conversationalist and highly popular
with his associates.
When the news of his death was
broken to surviving members Of the
supreme court tonight all appeared
TO be deeply affected, although the
end of their fellow iurist bad been
looked upon as merely a matter Of
hours.
Chief Justice Fuller said that tho
passing of Justice peclShem was "a
severe loss to the American bench
1t is a great loss 70 the country, -
he said. Justice Peckham was one
Of the ablest iurists Woo ever sat on
the American bench. He was abso-
lutely pure in mind ana thought ana
free from everything that would pre-
vent him from rendering an honest
Judgment,
.'tIe had strong political convictions,
but when on the bench he know no
litigants politics and cared nothing
for them. His sole desire was to ad
minister the law as II was and to give
each party in each case his just rights.
] had a great personal affection for
him and he was one of the purcst
men | ever knew"
Other members of the tribunal
spoke in similar terms of Justice
Pcckham's life and services. The JUS
tices are so closely bound together by
common ties that the passing of any
one of them is sorely felt
In the absence of any order from |
Chief Justice Fuller. ii was not an |
nounced that the supreme court would |
stand adjourned tomorrow out OF re-
spect to the memory of Justice Peek |
ham, II is understood, however, that
he court will meet "a usual |
and will Immediately adjourn without
touching the calendar
None of the officials would dlscuss
tonight the probable successor 10
Judge Peckham. each declaring that
i would be violation Of the proprie-
les. The names of Frederick n. Jud- |
son of St Louis, former Secretary of
War Luke f. Wright. the present
secretary }. NJ. Dickinson, Henry NJ.
fioyt counsel for the state depart
nent and solicitor general in the
Roosevelt administration and Solicit
or General Bowers have been promi-
lently mentioned
Mr.. Judson is known to command
he respect and firm friendship of
President Taft He was appointed |
~ President Roosevelt 10 investigate
ebates on the Atchison, Topeka a.
santa Fe railroad, in company with
he present governor Of ohio, Judson
Tarmon. The finding ana recon-
of the two investigators |
lid not meet with the complete ap- |
,roval Of President Roosevelt and
hey resigned.
shortly before the opening Of the
last year Mr.. Judson wrote
magazine article explaining ana app
,lauding Mr.. Taft's decisions in labor |
ases. Although a democrat Mr. Jud-
on gave Mr. TAFT an tile credit tor {
he decisions, which he maintained |
we're models of lucity and established
clear line Of judicial procedure Ia
" followed in disputes between labor
nd capital The article lat"r was
sed as a republican campaign docu- ,
ncnt
The names Of Counsellor HoYt
ormer secretary Wright SecrciW} +
dickinson and Solicitor General Bow 4
rs have been suggested whr meyer IN" =
eport has arisen concerning the prob :
blp retirement OF certain justices en- o.
itlrd To honorable Withdrawal from -
ctiv4 duty. Three Of th" mon owe
heir entrance into public liie to | g
resident Taft while 10" has ire
uentlv voiced his admiration oi MI. d
Ioyts legal aCumen II
Although there is no rule 20 govern
he appointmcut. the vacancy by pre-
edent will probably go to a demo-
rat I'm this event Hoyt and Bowers
'ould be eliminated. No action VIII
o taken until after Mr.. Taft's re-