The San Francisco call., 1910-03-29
David ]. Brewer, Associate JUS
tice of United States Supreme
Court, Passes Away
Was Appointed to the Nations
Highest Tribunal by Presi-
dent Harrison in 1890
Death May Bring About a Re-
trial of the Standard Oil and
American Tobacco Cases

Nv David Joseph Brewer, associate
w Justice of the supreme court OF
the United States, died tonight at
1890 o'clock OF stroke Of apopiexy.
His death occurred before he could
be carried to his bed. Mrs. Brewer
was with him when the end came
Justice Brewer was 73 years old.
The end was altogether unexpected.
Although he had not been feeling wiel
for the last few days, the aged Jurist
was I'D and out today and apparently
in good health and spirits He was IN
equally good spirits at dinner and
spent the evening reading
Finds Husband Dying
Shortly before 10 o'clock he retired
10 his room and within few moments
Mrs. Brewer heard heavy fall and
went TO investigate She found her
husband prone on the floor of the
bathroom. He did not regain con-
sciousness and died before a physician,
hastily summoned, could reach the
house.
The two daughters OF the aged
iurist. Mrs. James w karrich and
NrsH. J. Jetmore, were summoned at
once. but reached the residence too late
Justice Brewer came to the supreme
court Of the United States from the
federal court in Kansas He was the
second oldest member of the court
Justice Harlan only being f1is senior.
He was regarded as the most demo-
cratic Of all the members of the court
most ansbie, approachable and accom-
nodsting. He was the only man on the
bench who had proof copies of his
opinions prepared for the newspapers
and this he did consistently.
Never Read Opinions
Another characteristic of the Jurist
WAS he never took any of the time OF
the court or the public in announcing
his opinions. He reached the conclusion
probably many years ago that the
audience in the courtroom was SO ex-
rremelv limited it was a pure waste OF
time 10 read opinions there He would
give in a fe wwords his conclusions
and then hand down the proof sheets
of his opinion. always completely ar
ranged.
Justice Brewer essentially was a
western man and his sympathies were
always with the west. He was deeply
versed in corporation law and will be
missed immensely during the framing
Of the opinions of the supreme court
on the momentous questions concerning
the standard oil and the tobacco cases
NOW under consideration.
Effects Big Cases
In his earlier days Justice Brewer
camped regularly in the Rocky noun
tains and was fond Of outdoor life. He
was related TO the old Field family,
being nephew of the late Justice
stephen ]. Field and Cyrus ". Field
Justice Brewers death raises a serious
question as TO the action of the court
regarding the Standard oil and Ameri-
can tobacco company suits. and it is not
improbable the cases will have to be
retired. since there now remain but
seven justices to pass upon them, JUS
tice Moody not having participated in
the trials by reason of continued i'll
ness.
JuStice Brewer was the one member
Of the supreme court who was in al
most constant demand as a lecturer
and after dinner speaker. He was an
orator of unusual ability. With pic
'turescue personality. rich voice and
= command of strong and powerful
English. he always held his audience
until his last word had died away. He
expressed his opinions forcibly and
clearly on any subject unless, for some
reason. IL might affect the pending de-
cision OF the supreme court.
Born in Smyrna
David J. Brewer was born in Smyrna,
Asia Minor, June 20. 1887. the son of
Rev. Josiah and Ameriia Field Brewer.
He was graduated from Yale univer-
eitv in 1856 and the Albany law school
in 1855. He received degrees of Ii. d.
from the University of Iowa in 1884,
washburn college in 1888. Yale in 1901.
University Of wisconsin in 1900. Wes-
Ieyan, university in 1901, University of
Vermont in 1904 and Bowdoin in 1905.
Justice Brewer was appointed TO the
supre mecourt by President Benjamin
Harrison to succeed Justice Stanley
Matthews. taking his seat January 6.
1890
He was brought by his parents to
this country from Asia Minor in the
autumn of 1898. His mother, the
daughter of Dew. David Dudley Field