The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-07-05
Chief JUSTICE FULLER
DIES SUDDENLY AT HIS
SUMMER HOME IN MAINE
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Mr.. Fuller as the successor of Chief JUS
tice Waite.
The nomination of Mr. Fuller, then 81
years of age, was followed by a memoir
able contest in the senate.
The judiciary committee, with its repub-
lean majority, to which the nomination
was sent, April g. held up the appoint
ment until July 90 Then the committee
reported it to the Senate without recon-.
,mendation. For three hours that body
debated in executive session whethe TO
confirm or reject the nomination. The at
tack on Mr.. Fuller was led by Senators
Edmunds, Evarts and Stewart. Senators
Cul1om ami Farwell defended him. The
reports that he had been a 'copperhead'
during the civil war and that he did moi
possess the requisite ability as a lawyer
were gone over.
Finally. by vote of Al to 20. his nomt
nation was confirmed.
Since that day the entire court, as it
then existed, has passed away with the
single exception of Justice Harlan OF
those prominent in the fight over his con-
firmation only Senator Culom remains
and President Cleveland, who thus hon
ored the Illinois lawyer, has likewise gone
to his grave.
Noted For Dignity
Throughout his service Chief Justice
Fuller was noted for the dignity with
which he filled the position He preserved
that manner, whether on the bench or of
of it. Although small of stature, not
more than five feet seven inches bis
wealth of silvery hair and classic feat
ures made him commanding figure
wherever he appeared.
Probably Mark Twain resembled the
chief Justice in physical appearance more
than any other man of prominence in re-
cent years Frequently the humorist was
mistaken for the iurist. One day young
lady acoosted Mark Twain on the street
and with an apology that she had never
seen the chief justice, asked for his auho-
graph.
The author wrote:
at is delicious to be full;
But it is heavenly to be Fuller
I am cordially yours,
Melville Fuller
The late chief Justice, as far as known,
never oppressed his opinion of what he
thought of Twain for playing this little
Joke on him.
Literary style
Chief Justice Fuller reflected to great
extent his research into literature by
the style of his opinions and addresses. In
the earlier days after going on the bench,
he wrote some poetry and now and then
1apsed into poetical touches in his opn-
ions from the bench. One of the best IL
Illustrations of this was the opinion he
handed down in the case of Hammond
VS.. Hopkins.
He concluded his opinion by saying
In all cases where actual fraud is
not made out but the imputation rests
upon conjecture where the seal of death
has closed the lips of those whose char
iS 81 Of m IA
impaired the recollection of transactions
and obscured their details. the welfare of
society demands the rigid enforcement of
the rule of diligence. The hourglass must
supply the ravages of the scythe and
those who have slept upon their rights
must be RENTED to the repose from which
they should not have been aroused"
His death today recalls his own words
on such events, expressed at the CEN
tenary of the court 20 years ago.
Judges will be appointed" said he.
land will pass. One generation rapidly
succeeds another. But whoever comes
and whoever goes. the court remains,
keeping alive, through many centurfs I'VE
shall not see. the light that burns with a
constant radiance upon the high altar Of
American constitutional Justice"
Famous Opinions
Chief Justice Fuller leaves an ndelible
stamp upon the laws of the country
Amongst his most famous opinion are:
The income tax decision in which the
income tax law was held to be uncon-
etitutional
The Ranhurry hat case, in which labor
unions were held to be amenable to the
Sherman antitrust law.
The Western Union Telegraph company
VS.. the commonwealth of Pennsylvania.
In which the state was denied the right
to tax telegraph messages. except when
intrastate.
The Bank of Washington VS.. Hume, in
which the insurahle interest of the wife
and children on the life of the husband
and father was recognized as distin-
guished from the claim of creditors.
Impa vs. South Carolina Railway COM
pany, in which the railroad was denied