Omaha daily bee., 1909-10-26
Passes Away at Summer Home in New
York After Long Illness.
APPOINTED BY CLEVELAND
Messrs. JudsOn, wright, Dickinson,
HOyt and Bowers Are Among
the Men Discussed
U~nOfficinIly.

EAAGo NouAIluulllks
Justice Peckham had been In i'll health
for some time, but his condition was not
considered serious until recently. Follow
ing adjournment Of the May term of the
United States supreme court, he came on
from Washington with Mrs. Peckham to
spend the summer at Altamont. expecting
to return for the beginning Of the October
term. A few days ago his condition be-
came such that his physicians said he was
likely to die at any time, or might llnger
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.
Appointed by Cleveland.
WASHINGTON, Oct. 2A-The announce
ment Of the death of Justice Peckham,
while expected, came as a shock to his as
s~ociates on the bench and in official cir
Giles, and everywhere expressions of regret
were heard.
Justice Peckham was a democrat, and be-
fore taking a seat on the bench gave con-
siderable attention to politics in New York.
He was born in Albany, N. Y, November
8, 1888, and had been on the bench, state
anu AeutIhAt lOT IW6nly-Sl1 gGdIss ~ NahAt
from the court Of appeals Of his native
state, a position which his father before
him had occupied.
Mr.. Peckham's first office was that of
district attorney Of Albany county; he was
elected to that position in 1868. He after
wards became in succession corporation
counsel for the city Of Albany, member of
the supreme court Of the state and associ-
| ato 4,,gttoo 80 che stafa Da,srt ~ annaaIa He
was the last Of President Cleveland's dem
ocratic appointees 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 appoint
ments and undertook no work not connected
with the high tribunal Of which he was a
member. But he was in constant attend
ance on the court and he gave the most
careful attention to all matters before 1t.
He was married, but went little into So
ciety. Unlike others Of the justices, he ac-
cepted no invitations to public functions
and made no public addresses after taking
his seat as a justice.
Author of Important Opinions.
Cases involving the rights of corporations
received especial consideration at Justice
Peckhams 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 company of New
York, in which he held that while rates
fixed by the legislature must allow a fair
return on Investments. federal courts could
not interfere to declare them invalid unless
they were so unreasoI ably low as to be
confiscatory. One result of that decision
was to cause the return of several million
dollars to consumers.
Several of Mr.. Peckham's corporation
decisions dealt with the Sherman anti
trust law 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. lie also prepared
and delivered 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 tho
execution by the state courts Of an UNI
constitutional state Law.
Judge Peckham's bearing was distin.
guished and his manner affable. His hair
and mustache were snow white and his
hair longer than hair is usually worn. His
features were clear cut. Although his
bearing and appearance were those of high
breeding, and he would have attracted at
%tention In any assemblage. he was an
agreeable and entertaining conversational
list and highly popular with his associates.
Tributes of Fellow JurIsts.
When the news of Justice Peckham's
death was broken to the surviving mem
hpra Of fba guprauna court fnpIVbt oil ~
them appeared to be deeply affected, al
though the end of their fellow jurist had
been looked upon 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 vas overcome with emo
ton when he heard the news.
1T is a great loss to the country" he
said. Justice Peckham was one Of the
ablest jurists who ever sat on the Ameri-
can bench. He was absolutely pufs in
mind and thought and free from ever -
thing that would prevent him from reh-
derlng ar honest judgment in any case
brought before him.
HE had strong political convictions, but
when on the bench he knew no litigants
or politics and cared nothing for them.
His sole desire was to administer the law
as it was and TO give each party in every
case his just rights. 1 had a great per-
sonal affection for him and he was one
OF the purest men 1 ever know"
In the absence Of any order from Chief
Justice Fuller tonight it was not an
nounced that the supreme court would
stand adjourned tomorrow out Of respect
to the memory OF Justice Peckham. II
is understood. however, that the court
will meet tomorrow at noon, as usual. and
will Immediately adjourn without touch
ing the calendar or transacting any bust
ness.
His Probable Successor.
While none Of the officials now here
would discuss tonight the probable sue
cessor to Justice Peckhain, each declaring
that It would be a violation OF the pro-
prieties, the names OF Frederick n. Jud-
son Of st. Louis, former Secretary OF War
Luke f. Wright, the present secretary. J.
NJ. Dickinson; Henry M. Hoyt, counsel
for the State department and solicitor
general in the Roosevelt administration
and Solicitor General Bowers have been
prominently mentioned.
Mr.. Judson is known to command the
respect and firm friendship of President