Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-07-04

the prizes for elecution. He had gone
down to Harvard Law School Tor ene
year.
Finally he blossomed forth as fun
ledged lawyer and politician OF high
minded sort in his native city OF Au'
on a democratic paper called The
Age, and about the same time wa:
elected president of the city council
and then city solicitor. Soon thereafter
he left Maine for greater opportunitie;
in the practice Of his profession. having
already, at the age of twenty three. dis
played remarkable ability as a lawyer
Ability Early Developed.
His engaging manners. brilliant at
tainments and his eagerness for hard
work soon brought him clients, and
within two years he appeared before
the Supreme Court OF Illinois. His
first case In the Supreme Court of the
United States was that Of Bows VS.
Chicago, an attempt to restrain by bill
the collecting of a tax upon shares OF
the capital stock of a bank. The nrSt
case that he argued in person was that
Of the Traders VS.. Campbell. involving
the interesting question of a judgment
against a bankrupt. His ability and
loyalty to the interests OF his clients
were so fully recognized that he soon
acquired a large and lucrative practice
embracing all branches of the law.
In commercial law and the law OF
real property he was considered to have
had no superior at the Chicago bar, and
the impression he made on the juris-
prudence of Illinois can be estimated
by the fact that cases in which he was
interested appear on more than one
hundred volumes of the law reports OF
the state The most celebrated case IN
which he was interested was one In
which an ecclesiastical counsel attempt.
ed to prevent Bishop Charles Edward
CLANCY, by reason OF charge OF
TO act as rector and from occupying the
parsonage and using the house o!
worship as such. Mr.. Fuller appeared
in defense of the bishop. and In the
trial displayed a knowledge of ecclesi-
astical law and familiarity with the
writings of the church fathers that was
astonishing even to the learned church-
man before whom the case was tr.eo:
court of Illinois, to which tribunal the
case finally went. has been pronounced
a masterpiece of legal argument Tor
In this case Mr. Fuller held. and was
supported by the court in his position
that the church society held us properly
subject to no ecclesiastical judiciary OF
governing body. but solely Tor the use OF
The society or congregation. and to decide
otherwise would be to overrule the stat.
ute under which the society was FORMED
and to ignore the corporate BODY wh1cn
the law interposed between church ana
state that they might be separated as
widely as possible
Singular Coincidence Recalled.
Mr. Fuller had an extensive practice in
the federal courts early In his career. IL
is a singular coincidence that in the hfst
case heard by the late Chief Justice
Waite. when he assumed the duties of his
Office in 1874, MI Fuller, his successor IN
the office. was counsel MIR. ruler ois-
tinsuished himself in the celebrated lake
front case before Mr.. Justice harlan ana
Judge Blodgett, In which he successfully
represented the vast interests OF the CITY
Of Chicago. 1t was great legal COMES.
and the conduct Of the case attracted
wide attention.
In his tf,irfy-three years practice at
the Chicago bar Mr.. Fuller rose gradually
to the highest rank In the legal profes-
sion. In 1852 he WAS q member OF the
convention to revise the state consfitu-
ton of Illinois and In 1863 Of the lower
house of the state legislature. He was
a delegate to the democratic national
conventions of 1884. 1872. 1870 and 1880
making an eloquent speech In 1870 IN
placing Thomas 4. Hendricks In nomiha-
ton before the convention.
After 1850 Mr. Fuller retired from ac-
tive participation In politics and gave MS
entire attention to his profession. April
Cleveland to be Chief Justice of the Unit
cd States Supreme Court as the successor
Of Morrison r. Waite, who died March
o.; of the same year
Contest Over Confirmation.
He was then ffty-hve years of age.
His nomination was followed by a
memorable contest in the Senate. The
judiciary committee with its republican
majority, to which the nomination was
sent April 80. held up the appointment
until July 90. Then the committee re-
ported it to the Senate without recon-
mendation.'
For three hours that body debated In
executive session. whether to confirm or
reject the nomination The attack on
Evarts and Stewart. Senators Cuiiom
and FarweIi defended him. The reports
that he had been q "copperhead" during
the civil war and that he did not possess
the requisite ability as lawyer were
gone over. Finally. by vote Of Al to 90.
his nomination was confirmed.
Since that day the entire court. as II
then existed has passed away with the
those prominent In the fight over his con-
hrmation. only Senator Cullom remains,
and President Cleveland, who thus
honTed the Illinois lawyer, mas likewise
gone to his grave.
Noted for His Dignity.
Throughout his service Chief Justice
Fuller was noted for the dignity with
which he filled the position.
Chief Justice Fuller was a person OF
extremely studious habits. He was we'll
versed in general literature and history.
was familiar with three modern Ian
guages and was q fine scholar In the an
Gent classics Among his early public
addresses, one welcoming Stephen A.
Douglas to Chicago In 1850, and another
on Sydney Breese. which Is prefixed 20
Breese's Early History Of Illinois, de-
serve special mention. He distinguished
himself as an orator In an address before
both houses of Congress December IL
1889. in commemoration Of the first in
aueuration Of George Washington He
held number of degrees from North
western University, Bowdoin College and
Harvard University. and other universe.
ties and colleges.
Ancestors Famous Lawyers.
Justice Fuller came naturally by his
inclination to the law. His grand
father. Nathan Weston. after distin-
gushing himself At the bar, was assoc
ciate justice of the supreme court of
Maine from 1890 to 1894 and chief JUS
tice of the state from 1884 to ls4I. His
Maternal grandfather u>.r,, W.,