New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-07-05

Justice Waite when he assumed the duties
of his Office. In 1874, Mr.. Fuller, his sue
cessor in Office, was counsel
President Cleveland offered the eminent
lawyer at different times the Offices of So
licitor General. Civil Service Commissioner
and member of the Commission on Pacific
Railways: but all of these he declined. At
length. on the death of Chief Justice Waite,
in 1857. the President offered him the place
and he accepted, taking office in 1883. From
a financial point Of view his acceptance
was a great sacrifice In the two previous
decades he had argued more cases before
the Supreme Court than any other Western
lawyer. His income had been $4,000 a year.
His salary as Chief Justice was only
s1o,5co.
Defending Bishop Cheney.
The case which brought Mr.. Fuller into
more than local notice prior to his appoint
ment as Chief Justice was that in which he
defended Bishop Charles Edward Cheney
of the Reformed Episcopal Church.
agafnst the charge of canonical disobedi-
ence before an ecclesiastical tribunal The
court was amazed at the knowledge Of
ecclesiastical law and the familiarity with
patristic literature displayed by the de-
PENDANTS counsel. His argument before
the Supreme Court of Illinois, to which the
case finally went, has been pronounced a
masterpiece of legal debate and forensic
eIoquence.
Mr.. Fuller's nomination as Chief Justice
encountered bitter opposition in the Senate
The nomination was referred to the Senate
Judiciary Committee, which HELD it back for
nearly three months. and then reported it
without recommendation. Net until July
20, and then largely through the influence of
the Republican Senators from Illinois. Sen
ators Cullom and Farwell, who cordially in
dorsed Mr. Fuller and silenced the false
charges that he had been a ''copperhead, -
was he confirmed.
Career rs Chief Justice.
Many cases Of the highest Importance to
the country have come before the Supreme
Court in the twenty-five years of Mr.. Full
ler's service. The first Of these was the
income tax case of 1894 The court first
stood to in favor Of tax, but on a
rear-rnent Justice Shiras was won over
TO the opposition, and the final decision, by
e. vote of ) to 4, held the tax TO be uncon-
stitutionaL The Chief Justice wrote the
majority opinion
The second case Of great Importance IN
volved the tariff policy toward the Philip
pine Islands. In this case the Chief Justice
was with the minority. contending that to
regard the Philippines as outside territory
was unconstitutional. In the Northern Sc
curities decision Mr.. Fuller was again with
the minority. The court was closely d.
vded. The position taken by the Chief
Justice was not unexpected, In view of his
general attitude toward the recent enlarge
1nent of federal authority in business af-
fairs.
The psnhury Hat Case.
Other well known opinions were in the
Danbury hat case. in which labor unions
were held to be amenable to the Sherman
antitrust law: the Western Union TeIe-
phone Company agt, Pennsylvania, a state
being denied the right to tax messages ex-
cept when interstate; the Bank of Wash
ingto.a agt. Hume; Innaan agt- South Caro-
lima: Moore agt- Crawford and Lesly agt
Hardin.
In 1903 the Chief Justice was seventy
years old and eligible to retire. In 1906
the rumors that he would retire were re-
newed, and it was said that President
Roosevelt wished to appoint Secretary Taft
to fill the vacancy. Chief Justice Fuller
however wanted to die in harness. feeling
vigorous physically and mentally unina-
paired.
Mr.. Fuller was man of frugal tastes
He lived simply. in large double house in
the pleasant West End of Washington. In
the summer he sojourned at Sorrento, on
Frenchman's Harbor, near Bar Harbor, in
his native state. His one passion was foI
books, of which he bought great quantities.
devouring them with the zeal of a scholar
The Chief Justice was twice married, first
to Miss Calsta O. Reynolds, and in 1856
to Miss Mary Colbaugh. He was the father