The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-01-11
supreme Court OF the unised states.

Mr. Justice Brewer Mr.. Justice White. Mr. Justice
hekenns, Mr. Justice Holmes. Mr.. Justice Day.
and Mr.. Justice Lurton.
Mr. Attorney General wiekorsham addressed the
court as follows:
May It please the court I am requested by the
members Of the bar Of this court To present for
entry upon y@lr records the resolutions recently
adopted expressing their profound soTrow in the
death cf Mr. Justice Peckham and their sincere
tribie to bis high character and eminent service 10
the country. These resolutions are as follows:
Resolved, That the bar Of the supreme Court
Of the United States deeply dep0re the death OF
Rufus W. Pcrkham associate Justice Of the Su-
1reme Court, and desire 10 place upon record an
preston Of the respect and esteem in which Justice
Feckham was held and Of regret for tho loss which
the court the bar and the country have suffered in
his untimely death.
For twenty-f0ur years he was an able and sue
cessful advocate at the bar Of his native State Of
New York. For twelve years, by the election Of his
people, he was a member Of the highest court Of
original jurisdiction and Of the court Of last resort
q that State. For fourteen years he sat upon the
bench Of the supreme Court Of the United States
For full half century he served the cause Of justice
without fear and without reproach. His learning
and strong powers Of reasoning preserved the stand
ARDS OF the law. HIS knowledge of affairs and the
breadth and vigor 81 his sympathies with the life
ana men Of his time saved his judgments from
pedantry and made them effective Instruments for
me application Of the old principles to new con
dltlons. His published opinions constitute a sub
naent OF American law The Virile and CONTAGIOUS
undergraduates Of his strong character It's integrity
and its purity created and justified universal con-
hdence In his judicial acts The influence Of his
life and the effect Of his work have contributed
powerfully 20 promote that respect for law and for
the courts Of our country which undeTlies al Of our
institutions
Resolved. That the Attorney General be asked
70 present these resolutions 10 the court with the
request that they be entered upon the records and
afrrua ~
send 10 the family o. the late Mr. Justice Peckhan
COPY Of the resolutions. and an expression Of our
smTathy for them IN the loss which they have
Sustained"
These resolutions Of the bar are intended. in some
measure 70 express not alone the sense Of per
sonal bereavement which is deeply felt by the i'm
mcdlaJe friends and associates u Mr.. Justice Peck
ham, but Just and fitting estimate Of his life ard
iaoors as they are known and esteemed by his
cOuntUmen.
The extent Of the contribution 10 the work NJ
THIS court Of single member is as difficult Of ex-
act ascertainment as Is his influence unon its
Judgments. Only he speaks through the published
opinions which he is directed TO announce can the
car OF the people know the extent " the character
OF ms service, HIS devotion 90 the duties o! his
nigh place, his persuasive insistsnce upon the right
rs u Is gwen him 70 H. his Tainstaking indus
Try. his aid In council, his personal characte-is-
ucs-ali those are attributes which intimate friends
NAV know. and which may be revealed now and
again IN the convincing earnestness OF some striking
opinion bnt which have their fun free PLAY among
m' colleagues Cp the bench
Looking back, with this light, upon TIRE services
OF Ruins Wheeler Peckhsm, it Is not beyond the
ruth 10 say that II the period Of his service on
TIE bench no man contributed more than he b
the learning and development Of the law
lie came Of family Of lawyers and judges His
iatner. his brother. his made this profession
me work OF their lives Though the span Of his OWE
lie was little beyond seventy years more than half
n it was devoted 90 the plbc administration Of
me law a his state OF his country Though The
lerlod Of his service IN this court was less than
fifteen years II perhaps not too much On say that
IN no other period Of our history has the iurLs-
Prudence Of the country been moro profoundly az
fected by the new conditions and the new prob /
lens that have arisen as incident q our national
growth and development, It has been largely during
these fifteen years that the TaVer questions in /
'oi'ed in The effort Of the national government % 1
core with the great Industrial problems arising out 1
Of our uneIamped commercial expansion have /
found their way 90 this court II has been wholly
withla these hfteer years that our relations with 4
foreign possessions and the Interpretation Of our
Laws for the government Of alien peoples have been 1
here debated and determined.
In this work, Mr.. Justice Peckham did his full /
tnafe- No man can examine even cursorilv the |
dellverauces Of this oourt during the last decade /
and half without being impressed by the tire
mendouS volume Of 10 which came from his hard |
and brain. In that time he wrote nearly four
hundred opinions. They dealt with every aspect
Of law. But mDle striking than the number is the
fact that 50 many U5 them ara today and viii ever
remain. the leading and familiar cases upon the
great questions with which they dealt. No tribute
20 the life and work Of Mr. Justice Peckhau could !
ind a higher sanction than the mere citation Of /
his opinions m such cases as Maxwell vs. Dow
Hopkins United States the Addyst.n Pine
case the Trans Missouri and the Joint Traffic As /
sociatlon cases Montague vs.. Lowry LOchner Va /
New York FIX pdrte Young, which reveal bis great 4
learning and industry.
But We cannot garner up his work as men who /
bind the harvest Of a season. II has enriched the 1
whole field Of orr national jurisprudence, and for /
al tine the yield viii be- The better for his labor
II i please the CONT. / have the honor 70 move !
that the resolutions adopted by the bar be en- /
tered at large upon the records Of this court.
The Chief Justice responded.
The resolutions and the remarks by which thev
are accompanied viii be spread upon our records as
deserved tributes 10 the memory NJ the brother
who has 50 recently been taken from US What
s0eyer things are t1Is and honest just and u good
epot, these the things which the record Of the
life Of Alr. Justice Peckham displays It's most
striking Characteristic is the singlemiudeness Of his
devotion 70 judicial duty. Il may be said Of him
rs u Of Mr. Justice Story that in all his com
n.erce with the world and in his intercourse with
the circle al his friends the predominauce Of his |
Judicial character manifest He discharged his
judicial duties not upon CCmWlsim but be- |
cause he loved them. Il ran in his blood and he
Irotoundy believed that justice The great in
teTest # man on earth
90 As a man thinket, so Is he and as this man !
was 30 was his style simple fGrcible and direct /
He aimed to do substantial justice in an intel
hnble way, dealing in 10 strained differences nor
muddling definite results by qualifying his qualif-
cations
His opinions from the first IN volDre 1eo ~
our reports % tie last in volume 2l4 are all lucld
eHpC1uons OF the matter IN hand ard many Of
them Of peculiar gravity and Importance in the q,
l3o'Aa'ent OF governing PRINCIPLES He sought TO
AVOID lhe curse denounced On the removal q land
marks while mer1tug the blessing accorded 10 their
wise Reinforcement His death is a serious loss
to the cause Of jurispT=isnce 10 this court and 10
hls country. cannot Trust myself 10 s7,aak Of tha
Joss 70 ms brethren Of this Ioyabe and beloved
c1mrade. We cannot but be excaedir. so--r-f,-i a.,
We recall the touch Of the vanished hand ana lie
sound II the voice that is still. Let lis along
gang The lCtu5 caters what is Il that will lazts'
We md the answer in the example Of Tins Dis
ilnsulsled' faithful, and thorough life which
though the world turns 10 coal then chiefly lives
Mr.. klihu Root presented 70 the court tba reso-
0tions adopted az meeting Of the members n
he baF q The state u New York In uernorv a NJ
Justice Peckham and It ordered that thew be
placed on fle !
Samuel Scovile. r.. q Philadelrbi, p, sd
Richard Is, MGntgamcy. Of New Orleans. Ia were
omitted 20 practice.
No. && The Interstate Commerce Commission |
appellant. rs. The Illinois Central Railroad Com ,
aiy; appeal from he Circuit Court n the T-i+,
states for the Northern District Of Illinois. 49,.
tycrsed, with c'sts. nd remanded for fr-har
rnceedings in conformity with the oniuioD ~ +bis
curt Opinion by Mr. Justice White: dissenting q
ir. Justice Brewer. S
No. 80 The Interstate Commerce Cor,r,,ssio- l
appellant, vs.. The Chicago and Alton Railroad Com
any; APPEAL from the Circuit Court Of the Tinted
states Tor the Northern district q Illinois. decres
'elstu' VIII COSTS and cause remande1 for fur D
her uruceodinCs in conformity With the 7rino, - :,
MS court. Opinion by Mr.. Justice White; -i,seut-
rs M Justice Brewer
No. &9 The Balfi-Hore and Ohio Railroad Com :
any et al, Plaintiffs in error. ys. The United
'tates ex rel Pitcairn Coal Company et al in er7,r
o the United States Circuit Curt Of Apneals for
be Fourth circuit; Judgment Of the United states
iccGii Court # Appeals reversed with nay-s and
ne cause remanded 10 he Circuit Court Of the q
uited States for the District Of MARYLAND yritb r
irections 10 set aside its Judgment and enter iudg
lent dlsnssing the petition. Opinion By Mr. ms
Ice White. dissenting. Mr.. Justice Harlan and Mr. 5
Justice Brewer.
NJ * Jobr = Ig,E,.- o--.,,-.