Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-07-04
His Death a Shock
to Official WASHINGTON

News of the death OF Chief Justice Full
cause of the general belief that he was
enjoying good health for a man Of his
years.
Although the oldest man on the bench
by several months, the venerable jurist
had not been absent on account of ILL
ness for years. During the past winter
he performed more than his usual share
Of work.
Not only did Justice Fuller perform his
proportion of the increased labofs due to
there being eight. and part Of the term
only seven, members on the bench, but
he accepted willingly other work for man.
kind that fell at his feet. One of his
most important tasks during the last
few months Of his life was that OF acting
as arbiter In the dispute between Costa
Rica and Panama over the boundary be-
tween those two countries.
Friends were aware that his step was
becoming gradually shorter and that
his shoulders were becoming more
stopped. but otherwise there were few
noticeable signs OF advancing old age.
Just a day or SO before the Chief
Justic LIT Washington for Bar Harbor,
he made tiresome business trip to
Chicago and return in the quickest pos
Sible time.
The death Of Associate Justice Brew
er early in the spring was a great
shock to tn Chief Justice. Like the
associate justice came with scarcely q
moments warning. The Chief Justice
had seen all the members on the bench
when he came, pass away, with the ex-
ception Of Justice Harlan. but 1t was
remarked that the death of none
seemed to strike him as forcibly as that
Of Justice Brewer
Important Cases Pending.
Aside from the grief over the death
of the Chief Justice. regret was to be
heard on every side that the country
was to be deprived Of his services just
at the time when many important cases
were to be passed upon. Among these
was the dissolution proceedings under
the Sherman antitrust act against the
Standard OIL Company. the tobacco cor
porations and the corporation tax
cases, involving the question of the
been set for reargument. the Standard
Oil and the tobacco cases for November
IA. Hearings Of these will be postponed
again. probably until after the Senate
confirms the new Chief Justice.
The death Of the Chief Justice results In
an almost unprecedented occurrence rs
to vacancies on the bench. Should JUS
tice Moody accept the terms of special
legislation enacted by Congress this sum-
mer and retire on full pay. three vacan-
cies in the court will exist when court
reconvenes next October. Gov Hughes
of New York already has been nominal
ed by the President to succeed Justice
srewsr He is expected to take the the oath oath
prepared for the retirement of Justice
Moody. The death of the Chief Justice
calls for the selection Of still another
member. With these three vacancies. the
>.x> rr~x>s -
Der of the court would bring the work
Of the court absolutely to q standstill, six
justices constituting quorum necessary
for the transaction of business.
Political Significance.
Politically the death of Chief Justice
Fuller will have an important signif-
canoe. Chief Justice Fuller was a life.
long democrat. First demo
cratic editor. he was elected to Office as
a democrat. was a delegate to several
democratic national conventions, and
finally was appointed to the bench as a
democrat. All the presidents call for the
appointment of a Chief Justice of the
same political party as the President. Ir
fact only two associate justices Of oppo-
site politics from that Of the President
have been appointed to the bench-Jus-
tice jackson and Justice Lurton.
Two names were mentioned with some
frequency today aS possible SUCCESSORS OF
Chief Justice Fuller. They were those OF
Gov. Hughes. just nominated as an as
sociate justice, and Solicitor General
Bowers The names Of several men al.
ready on the bench were spoken of in this
connection and the suggestion was made
that the President might override the GUS
tom against promoting an associate JUS
tice to the chief justiceship.
In connection with the chief justiceshiT
and the probable resignation of Justice
Moody. many other names were suggest
ed for seats on the Supreme bench.
Among these were heard those Of At
torney General Wickersham. Secretary
Dickinson. Judge Sanborn of st. Paul
Mimi; Judge Van Devanter Of Cheyenne
Wyo.; Judge Hook OF Leavenworth. Kan.
Judge Adams Of st. Louis. Mo-: Henry
NJ. Hoyt Of the State Department, Loui.
Marshall of Cincinnati. Ohio: Secretar,
| OF State Knox and Chief Justice Deeme
| of the Iowa supreme court.
As the death OF Chief Justice Fuller vii
leave only two democrats on the bench, i
was suggested that President Taft NIGH
name q democrat to succeed Justice
| Moody, should he resign. This probably
| would enlarge the field from which h
must select his timber for the Supreme
| Court.
His Home and Family