New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-07-05
Mr.. TkFT'S RESPONSIBILITY
Two More Justices to Name
Washington Mourns Fuller.
IFrom The Tribune Bureau.l


Washington. July 4.-The death Of Chief
Justice Fuller places on President Taft the
great responsibility of appointing q head
for the highest tribunal in the country. It
has been more than twenty-five years since
his duty has devolved on e President.
Since his administration began he has
named two associate sustices-Horace II.
I1r-ton. 70 succeed Rufus X. Peckhaa N,
end Governor Charles z Hughes, 10 sue
coed David J. Brewe--and will probably
be called on 10 name q man for the seat
roon % be made vacant by Justice Moody.
In official circles here only two names
are mentioned for the chief justiceship-
those Of Governor Hughes and LLOYD ".
Bowers, the present Solicitor General Of
fts TniIed States. For sc1e months Il has
been rUmored in Washington that Mr..
Bowers would be the next chief justice If
Il became the duty Of President Taft TO
al the vacancy He accepted his present
place only after strong pressure had been
brought 20 bear on him by friends Of the
President and his recent argument before
the Supreme Court in favor Of the cor
roration tax has marked him as one OF the
shIest advocates in the country
Few chief justices have exceeded Mr..
Fuller in longevity. Chief Justice Marshall
died az the age Of eighty-one. Chief Justice
fancy st eighIy-four and Chief Justice
Waite at seventy-eigl1t. One Of the great
est opinions delivered by Chief Justice
fancy was written when NJ was eighty
three
Nj Fuller was regarded $ authority
On International Law. In 1868 ne was a
member OF the council ar The Hague that
settled The dispute between England and
France as to the right Of the ietter's ships
to fy the tricolor IN the Persian Gulf Mr.
Fuller was the representative OF Great
Britain. In 1873 Mr.. Fuller, with Associate
Justice David ). Brewer, went to Paris as
members Of The Anglo Venezuelan boundary
arbitration tribunal.
Chief Justice Fuller was the recipient OF
many honors from universities and legal
associations. The degree of LII D. was
conferred on him by Northwestern Univer-
sity. Bowdoin College, Harvard, Yale and
Dartmouth.
At the time OF his death he was chan
oellor OF the Smithsonian Institution. chair
nan OF the trustees Of the Peabody Educa-
-fcn Fund. vice-president of the John T.
Slater F,in5 end member Of the board OF
trustees Of Bowdoir College In 1893 he
was one OF the aTbitrators who settled the
boundary lire discussion between Tenez-
uela and British Guiana II Paris. He
was z member CT the Court of Arbitration
" The Hague, and 81 1906 served at The
ragre rs 3 member Of the arbitration tr,-
buns1 IN the matter Of the Nuscat Downs.
Chief Justice Waite, who was succeeded
~ MI Fuller. served fourteen years. Chief
Justice Chase served nine years. fancy
vas Chief Justice fer twenty-eight years.
and John Marshall. OF Virginia, presided
ever the court for fhirty-four years. Oliver
Ellsworth served four years. John Rut-
ledge less than one year. ana John Jay
SIX years
u The campaigns srst preceding the Dem
ocraUc Presidential nominations OF 1892
Dnd 1895. Mr. Fuller was doomed for the
place al the head OF the ticket at the ma
tionai convention. Re never gave any en-
oourascment. however, 70 such movements.
feeling that Ills place on the bench forbade
fuch action Whether he really desired the
nomination VII never be known At any
ra1e. re gave explicit instructions 10 his
friends 81 the conventions not 90 push his
name &c the front or even present st.
Noted for Dignity.
T9rorrhout bis services Chief Justice
Fz.1er was -soted for the dignity with
which he filed his Office. He preserved
7hat manner. whether on or off the bench.
His study Of literature wss reflected in
rhe style of bis opinions and addresses.
One Of the best illustrations was the opin-
ion he handed down in me case Of Ham
7-lo-d asr. Hopkins He closed hig opin-
scn by SAYING: In all cases where actual
fraud IS not made out, but the imputation
rests upon conjecture. where the seal OF
desta has closed the lips Of those whose
character is involved and lapse OF time
has impaired the recollection Of transac-