Courier Democrat. (Langdon, N.D.) 1891-1920, 1910-07-28

, Ter dtssented. :
Lawyers may differ as to the pro-
foundness Of the legal knowledge Of
the late chief justice of the United
States supreme court. Melville w.
Fuller. and the ability displayed in his
decisions. Lawyers always reserve
the right to criticise according to
whether the decisions are for or
against them. but they all agree that
the chief justice graced the position he
occupied and that the august character
Of the court has been augmented rath-
er than diminished since he began to
preside owe it's sittings.
To Justice Fuller fell the honor Of
third rank for length of service as
presiding justice in the highest tribu-
nal OF the American government. For
twenty-five years he was chief justice
Of the supreme court of the United
States, but Chief Justice Marshall pre-
sided over the court for thirty-four
years and Chief Justice fancy for
twenty-eight years. With the future
rests the determination of his rank
among the eight chief justices of his
tory for ability and accomplishments.
Before Grover Cleveland sent his
name to the senate on April 80, 1888,
for confirmation as chief Justice he
was practically unknown except in the
state of his adoption and to members
of the legal profession.
Senate Fights Confirmation.
The nomination Of Mr.. Fuller, then
ffty-fve years Of age, was followed
by a memorable contest in the senate.
The Judiciary committee, with it's Re-
publican majority, to which the nomi-
nation was sent April 80. held up the
appointment until July 20. Then the
committee reported it to the senate
without recommendation" For three
hours that body debated in executive
session whether to confirm or reject
the nomination. Finally, by a vote
of Al to 20. his nomination was con-
frmed.
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 the
confirmation only Senator Cullom re-
mains, and President Cleveland, who
thus honored the Illinois lawyer, has
likewise gone to his grave.
In private life MI. Fuller was demo
cratic in his habits, and he lived sim
ply at his house in F street, Wash
ington. However, he had a great opin-
ion Of the dignity Of his Office as
the head of that coordinate branch
of the federal government which is
mentioned second in the constitution.
He therefore claimed when he first
went to Washington precedence at all
official functions Immediately after the
president and vice president. This
raised serious questions with the rep
resentatives of foreign powers, and
consequently he avoided whenever pos
sible appearance at any occasion at
which a diplomat was expected.
Checked Roosevelt Spelling.
Mr.. Fuller was credited with being
the first man to put a check on the
Do VI ISSluGuL IlOOSSV0lC .
orders Of simplifed spelling into off,
c1al documents. he picked up a brief
n which an opinion Of the late Justice
Bradley was quoted with the word
Through" spelled as thru"
DO 1 understand this purports to be
a literal quotation from Mr.. Justice
Bradley" asked the chief justice with
quiet sarcasm. and from that day
forth simplifed spelling was dropped
in supreme court documents.
On one occasion Justice Fuller stood
at the desk in the Auditorium hotel,
Chicago. He was interested in the
tactics Of the colored help. The cooks
and walters were executing drills not
unlike those Of q minstrel troupe upon
the stage.
They're going on a strike" said an
acquaintance Of the justice.
WELL well. WELL" muttered the chief