The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-07-05
SUDDEN ILLNESS TAKES
CHIEF JUSTICE FULLER
CONTINUED from First Page. }


serious trouble with his heart va,
observed
| Mrs. Francis was awakened about
5:45 by feeble cry from her father
Upon looking at him and hearing his
words: 81 am feeling very i'll, she
reg iized that he was in serfcus con =
ditlon. Or. Phelps hurried over the
three mile stretch or road In An auto
inebi but failed to arrive before his
patient had passed beyond the need oil
medical aid. Mrs. Francis also called
IN the Rev. Mr.. FreemaD, who occu-
pies a neighboring cottage and he and
Mrs. Francis were with the Chief Jus
tice when he breathed his last.
Death came very peacefully and he
retained his faculties until the end
recognizing those about him. Owing
to break in the telephone lines IL
was necessary TO send a message by
water five miles to Bar Harbor to an
nounce the chief Justices death,
J All of his Ave daughters. except one
who lives in Tacoma, Wash. are ex-
pected to attend the funeral The
daughters are Mrs. Hugh Wallace, OF
Tacoma; Mrs. W. II. White. of Chicago;
/ Mrs. T. S. Beecher. of Tarrytown, n
Y; Mrs. r. F. Mason and Mrs. l.. Ma
thaniel Francis, Of Washington. There
are no sons.
The funeral services will be held al
the Church OF the Redeerner next
/ wednesday afternoon. Interment will
be at Chicago, Friday.
i Melville Weston Fuller was tn,
eighth chief justice of the Suprem,
/ Court of the United States and tn,
third In the length of service. Chic
Justice Fuller served 22 years. Chic
Justice Marshall presided over tht
court for 81 years and Chief Justic,
| fancy for rs years
! His grandfather. Henry Weld Full
! Ter, was probate Judge in Kennebe,
county, Maine. His father was 8
| lawyer, and his mother was tbs
daughter OF Nathan Weston, at one
time judge OF the Supreme Court o.
Massachusetts,. and for many Years
! chief justice of the State OF Maine
/ He was born in Augusta on Febru
| airy IL, 1888. and was educated D.
! Bowdoin College. graduating with
honors In 1883.
/ He began practicing law In Ban
| gor. Maine, and editing a newspapel
called the Age, which he hoped Il
make influential In democratic poll
tics.
/ Maine was never a good State fol
democratic newspa per, and most o
its capable lawyers have gone else
| where to seek a lucrative practice. j
| Is not surprising. Therefore. that Mr.
| Fuller found his abilities circumscrib
ed by unfavorahle conditions anc
went 10 Chicago In 1855.
First Great Case.
From 1885 to 1883 he lived in Chi
| csso, but attracted no great atten
ton outside his circle of friends anc
~,
| took the defense Of Bishop Chene!
| on charge OF neresy.
His knowledge on ecclesiastical his
tory and procedure astonished thos,
| who conducted the case. and his ar
gument of the cause OF the bisho,
/ before the Supreme Court of Illinois
| Is referred to still as a forensic effor
seldom II ever surpassed in tina
! court,
He was delegate to the nationa
conventions OF the democratic part.
| In 1855, 1s72t 1876 and 1880.
Always a stauuch democrat. ii wa
he who made the speech NOMINATING
T. A. Hendricks for president on tn,
/ democratic ticket in 1871. He served
In the Illinois Legislature from 1856,
to 1865.
| Why Appointed.
| Mr.. Cleveland had selected a.
| Waite's successor Edward j. Phelps
of Vermont, then minister to Eng
land. -
Gen. Patrick Collins. of Boston. a
, that time the leading Irish democra
of the country. learned of the presi
dents intention and hurried to Wash
! ington to protest
IF you want every 1rishman Il
vote against the democratic party.
Collins told Cleveland, you have onl.
TO appoint Phelps" MIR. Clevelan,
promptly changed his mind regarding
Phelps availability.
Contest In Senate.
The nomination of Mr.. Fuller. the!
SIS years OF age. was followed by
memorable contest in the Senate. III
judiciary committee. with Its repub
sican majority. to which the nomina
ton was sent April 80. held up tn
/ appointment ntii July 20. Thei
the committee reported 1t to the Sen
ate without recommendation"
Fer three hours that body debate,
In executive session whether to con
firm or reject the nomination. Tn
! attack on Mr.. Fuller was led by Sen
| ators Edmunds. Evarts and Stewart
Senators Culiom and Farwell defend
ed him.
The reports that he had been
copper head" during the Civil Wa
and that he did not possess the reQui
site ability as a lawyer were gon
over.
Nomination Confirmed.
Finally. by vote Of II TO 20. hi
nomination was confirmed. Since tina
day the entire court as 1t then ex
listed has passed away with the singi
exception OF Justice Harlan. OF thos
prominent In the fight over his con
firmation only Senator Cullom re
mains, and President Cleveland, VIII,
thus honored the Illinois lawyer, ha
likewise gone to his grave.
His death recalls his own words OF
! such events expressed at the centen
ary OF the court 20 years ago.
Judges will be appointed" said he
'and will pass. One generation rap
idly succeeds another. But, whoeve
comes and whoever goes, the cour
remains. keeping alive. through man,
that burns with a constant radianc
upon the high altar OF American con
stitutional Justice"
Notable Decisions.
4 Chief Justice Fuller leaves an in
delibie stamp on the iawn OF the coun
try. Among his most famous opin
ions are the foiiowiAx:.
The income tax decisions, In which
! the income tax law was held . b
ss 81 s M