Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1909-10-28
Eminent Jurist Was Appointed to
U. 8. Supreme Court by Cleve-
land in 1895.
DIFFERED FROM ASSOCIATES
Accepted No Invitations to Public
Fsactions aud Made No Addresses
after Taking Seat on the
Dench-Corporatiou De-
eisioas Hts Specially.

Albany. Oct. H-Rufus w. Peclshan.
associate justice of the United states
Supreme Court. died al SIS O'Clock TO-
night ut "Coomorc." his summer home
nj Altamont, Albany county Death was
due to a complication Of diseases. heart
trouble, Bright's disease and hardening
Of the arteries contributing.
Justice Peckham had been In III health
for some time but his condition was no,
considered serious until recently. Follow
ing adjournment OF the May term OF the
United States supreme Court he came
or from Washington with Mrs. Pecl.ham
to spend the summer at Alamont expect
ing 10 return for the beginning Of the
October term. A few days age his condi-
ton became such that his physicians said
he was likely to die n: any time or Nigh,
lnger for several months Up to few
days ago Justice Peclshan oxhhited con.
siderable strength and WIS able 70 he
about the house. The circu!-tory dis
:urbance. which contributed to his death
WIS nrst noticed about six wears age.
Justice Peckham was born IN Alhar,.
November 2, 1899 Al the completion NJ
his education at the Albany Academy and
Philadelphia. he studied law in tho office
OF his father who had as his law partner
M the time lyman Tremaln. attorney
general OF the state On the election of
his father TO the supreme court bench Of
New York State IN 1859 the same wear
Justice Peckham was admitted 10 the
bar. he formed partnership with his
fathers former partner, under the firm
name OF Tremain & Pcckham which
continued until the death Of Mr.. Tre,nain
in 1873
APPOINTED BY CLEVELAND.
Justice Peckham had been district at
torney OF Albany county. corporation
counsel for Albany. justice OF the su-
preme court of the State and associa o
Judge of the court Of appeals to which
he was elected in 1856 In December. 1855
while still a Judge OF the court OF an
peals he was appointed by the late
President Cleveland as an associate ins-
tice Of the supreme court OF the United
States.
Justice Peckham married in 1866 Har-
rieue Nj. Arnold. daughter of d. H. Ar
no'd. who was well known New York
merchant and president Of the Nercan-
tile bank OF New York. Two sons. Rufus
W., Jr.. and Henry A.. died some wears
ago Justice Peckham is survived by his
VIE ana three grandchildren. two sons
ana a daughter % Henry A. peckham
justice Feckhams father was n dis
turist. and had been histr'c.
attorney of Albany county, justice OF
me supreme court OF New York and was
an associate Judge of the court Of an
peals OF New York when he met death
IN me shipwreck OF the VILE de Havre
November % 1873
ENTIRELY DEVOTED TO HIS
WORK.
washington. Oct. 24-The announce
ment OF the death Of Justice Peckha,n.
while expected came as a shock to
his associates on the bench and IN
circles. and everywhere ex.
pressions 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. and had been
ON the bench. State and federal. for
rs years. He was the last of Presi-
to the federal Supreme Court. Chief
Justice Fuller and Justice White be-
Ing the other two. lie 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 Of which he was a member
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 So
ciety. Unlike others of the justices
he accepted no invitations to public
functions, and made no public ad-
dresses after taking his seat as a JUS
ticc.
Judge Peckhams bearing was d--,ln-
Euished and his manner affahlc He
was an agreen bic and entertaining CON
and highly popular with
HIS associates.
When the news OF Justice Peckhams
Heath was broken to the surviving MEM
oers OF the supreme court tonight, all
IF them appear to be deeply affected.
rhief Justice Fuller had retired wher
word was conveyed to him. hut he ex-
PRESSED his sorrow and said that the
"a ssing Of Justice Peckham was a severe
oss to the American bench.
Justice Harlan was overcome with
emotion.
1T Ia 4 great loss to the country"
re said Justice Peckham was one OF the
,blest jurists who ever sat on the Amer
can bench. He was absolutely pure in
mind and thought and free from every
hing that would prevent him from rem
lcring an honest judgment In any case
brought before him.
Cases involving the rights of corpora
ions received especial consideration at
Justice Peckham's hand, and he was the
author OF some OF the courts most note
worthy opinions OF recent date along this
inc Among them may be mentioned the
,ase of the Consolidated Gas company OF
New York in which he held that while
'ates fixed by the Legislature must allow
! fair return on investment federal
courts could not declare them invalid I'M
ess they were 30 unreasonably low az to
- conhscatory. One result of that de-
'ision was to cause the return of several
million dollars OF overcharges to users OF
Ias In New York city.
Several of Mr.. Peckham's corporation
decisions dealt with the Sherman anti
rust law az applied to railroads. These
included the joint traffic snd the trans
cases In both Of which he held
he law TO he applicable, He also prepared
md delivered the opinion Of the court in
he case of Attorney General Young OF
Minnesota In which II was held tfC: the