The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1910-07-07
GREAT JUR|ST'S
SUDDEN DEATH
DELAYS COURT
GREAT CASES AND GREAT
PRINCIPLES INVOLVED
MUST BE AR
GUED.
Important Cases Will Probably
Go Over Another Year
Before Being De-
cided.


GRATEFUL pleasure to pay NOM
age at the bier of so noble and
so upright a Judge as Chief JUS
ice Fuller, not merely because
ne was an able lawyer, a learned
scholar and a great Democrat,
out because ne SO splendidly ex-
eTnpldhed the fine flower of char
acter that we all like to feel is
typical OF the true American gen
tleunan.
The dead jurist was a man
who had thoroughly mastered
the theory and practice of his
profession, who performed his
every duty with a model thor
oughness and a high conscien-
tiousneSS. While he was NOT
SO great genius in constructive
Jurisprudence as John Marshall,
ne shed renown over the legal
profession in the United States
and over OAR American civiliza-
ton through the fidelity, wisdom
and decorum in which his whole
public service and private life
were ordered. With all the
sins OF youth that our young
government and society have to
answer for, they are neverthe-
less neasmably redeemed in tine
eyes of enlightened humanity by
such figures as Longfellow and
Lowell in our literature, Elmer
SON and Charles Eliot Norton
among our teachers, Chief JUS
ice Fuller among our jurists and
a long line OF accomplished Of
6cers in our army and navy Bet
ter for the emulation OF our
Youth than arrogant merchant
princes and howling dervishfs OF
the musings are these exponents
of true culture, blending strong
convictions with gen.
tie manners and a high sense of
honor.
The death OF the chief justice
results in an almost unpnoce-
dented occurrence as to vacan-
cies on the bench. Should JUS
tee Moody accept the terms OF
special legislation enacted by
Congress this summer and retire
ON full pay, three vacancies an
the court will exist when the
court reconvenes next October
Governor Hughes of New York
has been nominated by
the President to succeed Justice
Brewer. He is expected to take
the oath of office IN October.
The way has been prepared for
the retirement of Justice Moody.
The death of the chief Justice
calls for the selection of another
member.
With these three vacancies the
serious illness and death od an
other member OF the court would
bring the work of the court alb
solutely to standstill, SIX JUS
ices constituting quorum nee
essary for the transaction of
business. AS it is his death
makes it certain that the cases
which, involve far reaching prm-
,iples will be argued again. This
Will be necessary so that the new
thief Justice and the other newly
members shall take
part in the decisions. Lasting
opinion can only be insured
through Judgment OF the entire
tribunal.
This means not only delay in
30 far as the cases themselves
ire concerned. but it affects the
Mans OF the Taft administration
is well. President Taft had IN
ended to- recommend his feder-
Il incorporation plan for enact
nent during the coming short
session. Such a measure cannot
low be recommended until the
text congress, which will con-
rene a year from December.
Nhy? Because the scope OF the
Sherman antitrust law win not
'e determined until the supreme
ourt hands down its decisions
n the Standard Old and Tobacco
Trust cases.
Previous to the death of Chief
ustice Fuller these cases had
,een set for rehearing in the
arlv fall. A further postpone
nent is now certain as the new
members cannot take their places
ntil the appointments have been
1assed by congress.