The National tribune., 1910-03-31

JUSTICE BREWER.
while not considered one of the great
men of the time, he had in him all the
elements that make for greatness. He
thought strongly on every subject, spoke
frankly and seldom evaded a question
He was a fearless patriot, and of reli-
gion and politics and human philosophy
he had absolute command. He was al
ways fearless in their exposition in the
walks of life he followed. He was a
loyal patriot of his adopted country
and, breathing the spirit of the free
American, he left many notable utter
ances behind him. Associate Justice
Brewer was born in Smyrna, Asia Mi
nor, June 20, 1887, and was the son of
the Rev. Josiah and Emelia Field Brew
er. When he was about a year old his
father returned to this country, and
Justice Brewer was educated in the
Haven, Conn. He graduated later from
the Wesleyan University, and then en-
tered Yale, graduating in 1856 in the
class of Chauncey n. Depew and Chief
Justice Brown, with whom he was asso-
ciated in later years on the Supreme
Bench. He went to Kansas City, NO.,
in 1858, and opened an office, but fail
ing to gain a profitable practice, Joined
party and went to Pixies Peak, and
thence over the mountains to Denver,
Colo, and after a few months sojourn
he returned to Kansas in 1859, begin
ming the practice of law in Leaven-
worth.
Judge Brewer at once began to climb
in his law practice, and filled various
judicial Offices. In 1870 he was elected
Judge of the Kansas Supreme Court,
serving until 1884. In that year he was
appointed by President Arthur Judge
of the Eighth United States District,
serving until 1889, in which year he was
appointed Associate Justice of the Su-
preme Court by President Harrison. He
took his seat Jan. 6. 1890, succeeding
Justice Stanley Matthews, who died some
time before. Justice Stephen J. Field
was then a member of the Supreme
Court. and for some time the uncle and
est tribunal of the land.
Justice Brewer has rendered some
notable decisions. 1t was he who. in a
certain railroad case from Texas, held
that Federal Courts had the right to
restrain rates fixed by State Commits
cin Tn
held that the Federal Courts have pow
er to enjoin any Interference with inter-
state commerce and to punish by fine or
Imprisonment those who violate this
ruling. In the Fairbanks case he de-
cided adversely to the Government,
holding that it had no power to impose
a stamp tax on a foreign bill of lading.
Another and somewhat amusing de-
cision was rendered in the Holy Trinity
Church case, in which he ruled that the
of foreign contract laborers did not
apply to ministers of the Gospel. In
this decision Justice Brewer for the first
time set forth that the United States
was Christian Nation" thus for once
and all establishing our status in the
matter of creed.
In 1896 Justice Brewer was appoint
ed by President Cleveland a member of
the Venezuelan Boundary Commission,
in which capacity he rendered himself
highly useful TO the United States in
every respect.
Oct. 3, 1861, Justice Brewer was mar
ried to Louise r. Landon, of Burlington,
VT. Four daughters were the result OF
this marriage. on June 5, 1901, JUS
tice Brewer was married the second
time. His second wife was Emma Min
ter Mott, of Washington. The marriage
took place in Burlington, where the
Justice was spending the Summer
The death of Justice Brewer came
with n tremendous shock to aII-of his
friends. II leaves the Supreme Court OF
the United States with but seven active
members, as Mr.. Justice Moody has
been ill for year, and several impor
tant decisions chief among them being
the Standard Oil case, will soon be Civ
en-. He stood third in length of service
on the bench, having been there q
years, and was the third oldest Justice
on the bench, Justice Harlan and Chief
Justice Fuller being Il years old. JUS
tice Brewer was 72 years of age. He
was the only member of the Court who
IeeIy expressed his opinion on large
public questions, and he was particu-
larly outspoken in his criticisms of the
Roosevelt Administration.