The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1910-09-29

modern thought. the late chief justice
well illustrated the purpose Of the
bench By listening TO the reasonable
arguments Of lawyers better versed
a. the outset than be. and before the
end 81 bis judicial career was found
IA the Supreme court record reyers-
ing the applied principles Of law
which be brought with him 10 Wash
ingion. BY many ahtute lawyers this
Il regarded as one o. the most striking
examples Of the largeness Of the judi.
eial mind Of the late chief justice.
Combined with these judicial func.
lions great administrative ability Is
required o. the chief justice OF the su-
premc court. This quality Chief Jus
tee Fuller possessed In great degree
Few. II any. complaints have ever
been made during his administration
a. presiding officer Of the court that
the wheels Of justice OF the highest
tribunal Of the land were turning too
slowly or uncrenly. Behind the out
ward manifestation Of the courily gen.
tleman and his mild-mannered voice.
which IN recent years has been al
most inaudiblo TO those seated on
the edge Of the court room. was a ire.
mondous force OF character and a
keen sense Of justice and a capabllity
for hard and persistent work wholly
out Of proportion with his years.
Justice Fuller never pretended to
voice the opinions Of any one but him.
self and had no liking for the lime
light His position IN Washington
made Il possible for him TO TX his so
ciai status where he uilled. lie had
no liking whatever for anything
smackins OF osientatious display. on
and on the bench be was the personl.
fcaiion Of judicial dignity. He pos.
sessed a sense Of humor which he EN-.
ployed quietly and With effect. The
subjects Of his conversation were fun
OF substance. scholarly and profound
and rich IN wisdom.
Il was Justice Fuller who practically
settled the fate OF the Roosevelt
propaganda for phonetic spelling. At
the time when congress was daily ne.
ceivlng messages from the White
House spelled IN the new form OF or
biography and when the house OF rep.
rcsentatives was trying to nerve itself
70 the point OF putting Quletus on
this new system Justice Fuller quietly
sQuciched rs use IN the Supreme
court Az that time the government
printing Office, under orders from
President Roosevelt. was printing an
documents for the executive depart.
ments. including the department OF
Justice. IN phonetic spelling. This In
oluded briefs which we're submitted to
the Supreme court In a land case
presented to the court Solicitor Gen.
eral Henry NJ H0yt offered one OF
these briefs. IN Rlancing through Il |
hastily Chief Justice Fuller ospied |
from an opinion rendered BY |
former Associate Justice Bradley, IN
which the word through was spelled |
thru
did ! understand you to say that
this purports to be a literal quotation
from the opinion OF Justice BradleyY''
inquired the chief Justice.
It was not necessary for him 10 say
more. Mr. Hoyt realized from this In.
ouiry that phonetic spelling would not 1
be tolerated by the Supreme court.
and that serious blunder had been
made In changing the spelling used
by former member Of that court. He
promptly and quietly informed the
court that there would be no repetl.
ton OF the offense. That ended pho.
netic spelling Ia the third coordinate
Nranch OF the government, ard short.
" thereafter congress itself limited It's
hoo to correspondence between the cx.
,cuiivo departments.
With other members OF the court.
Justice Fuller had an adherence for
hose who used It's decisions as a We.