The Washington herald., 1910-06-01
DAILY COURT RECORD.
CTuesday, May 81, 1000


NJ. Justice Whits. sIr Justice MoKenna. Dir.
Justice Holmes Mr. Justice Day. and Mr. Justice
Lurton.
Carl strOver q Chicago, H.; John n. Atkinson.
q Jefferson City, No; Charles r. Pierce. Of FalO
Alto Cal; J. d. Hostetter Of Bowling Green,
Mo- joseph NJ Sanders. Of Bluefeld. w. Va;
Jessie E. Hutchison Of Richland Center. Wis;
Frank Reeves. Of Wenatchee. Wash. Allen Laws
Oliver Of Cape GiraTdeau. Mo; f. W. Houghton,
Of Milwaukee, Wis; Edward Theodore Noble. OF
Pittsburg Pa. Otto tnm SUDDEN. Of San Francisco
Cal. jeremiah r. Sullivan. Of san Francisco. Cal
james P. Harold. Of Chicago, III; Wade HamD-
ton Cooper Of Nashville Tenn. William Z. Doug
lass Of Raleigh, \. c. Eugene ". Boland- Of san
Francisco Cal Warren seymour Of PittsbHg
Pa; Allen G. Fisher. Of Chadron. Nebr,i William
A. Blakeley Of PittsbuTg, Pa: George Gordon, OF
New York City, n Y; Harry G. Gram. Of spring
field Chic; julius st2ab. Of Albuquerque. ~
Mex; Robert H. Leitch. q PittsbuTg Pa. Ernest
A. Kelsey, Of New York City n. Y. Robert
Thompson Jaynes. Of Walhala. S. C.; William
Burton Jaynes Of Gainesville. Tex Wilism Ha~-
kins Of New York City. y. Y; Matthew Goring
Of Plattsmouih NebF.. and james II. Croxdale,
Of Washington. D. g. admitted 10 practice.
The Attorney General addressed the court as FOL
lows;
MAY it please the court: At the request Of the
bar q this court. I present the following Tesolu-
tons adopted al meeting held IN this court
room:
Resolved. That the bar Of the supreme Court
q the United States deeply deplOFe the death Of
D.
Supreme Court and desire 20 place upon record
an expression q the respect and esteem in which
Justice Brewer was held, and Of regret for the
lass which the court the bar and the country have
Suffered IN his uutimely death.
His judicial career wss one Of exceptional
length and of marked distinction and success,
Elected Judge Of the District Court ot the First
judicial district a the State II Kansas in 1854;
three times elected justice Of the supreme Court
Of the State Of Kansas appointed in 1854 Judge Of
the Circuit Court Of the United states Tor the
Eighth circuit; appointed Justice Of the Supreme
Court Of the United States IN December, lSss, II
VIII be observed that for nearly hfy years ne as
charged the high and sacred duties q a judge.
In this long service. in the vast number q opln-
ions which he wrote, the infinite variety Of legal
principles considered and treated, the learning
and wisdom displayed. the conservation and ndefty
ever and always evidenced, VIII be found us only
fitting eul0gy. His remarkable grasp q the under
lying principles upon which cur whole structure
Of government rests. his unswering fidelity TO the
fixed rules Of order and stability so essential and
often sorey tested, his strong positive, upright
fearless character his power Of sustained intellec
tual effort place him easily among the great
judges Of his day and time. No one ever doubted
his purity Of life, his integrity Of purpose, and all
who read and consider his legal opinions pay hon.
age to his profound intellect Those who knew
him are quick % testify 70 his tender and conSid
crate nature and thosa who must be content 10
find his character In his opinions scattered through
many State, Circuit. and supreme Court decisions,
wiz never doubt his probity OF bis power as q
jurist.
Resolved That the Attorney General be asked to
present these resolutions n the court. with the re-
quest that they Be entered upon the records. and
that the chairman q this meeting be directed TO
send 10 the family Of the late Justice Brewer COPY
q the resolutions and expression Of our sympathy
for them in the loss which they have sustained
Justice Brewers period Of service In this court
covered twenty years These two decades brought be-
fore this Of the most important and far
reaching questions which have ever been submitted
for its decision. and in the solution OF these great
problems Justice Brewer TOOK leading part In
the reports Of this period there to be found T9
opinioas written By Justice Brewer, in 81 Of which
be dissented from the conclusions q the majority
Of the court The limits Of this occasion viii per
nit only a brief reference TO few decisions which
illustrate the characteristics OF his mind and the
lucidity Of his exposition.
One Of the earliest Of his recorded opinions was
that in the case Of the Church OF the Holy Trinity
vs. United States fI43 Z. s.. 81. where the court
was called upon TO decide whether Ct not the act
prohibiting the importation Of foreigners and aliens
under contract to perform labor IN the United
States applied TO English Christian minister
who had come to the United states pursuant 10 an
agreement With Protestant Episcopal church in The
city Of New York The opinion Is OF especial inter
est, not merely fine discriminating construction
Of the statute and the application Of the principle
that laws must receive sensible construction. and
that where q literal construction leads to an absurd
conclusion the letter O. the law must give way 70
the presumed intention Of the legislature, but be
cause Of the enunciati0n Of the principle that mo
purpose Of action against religion can be imputed
TO any legislation. State national because this is
religious people.
IF we examine the constitutions Of the various
States. said the learned justice. we find IN them
constant recognition Of religious obligations EVER
constitution Of every one Of the forty-foT States
contains language which either directly BY elsal
implication recognizes p profound reverence for re
hgi0n and assumption that its influence IN ali
human affairs is essential to the well being Of the
community
There is no dissonance IN the5s declarations
There IS universal language peTTading them all
having one meaning; they affirm and reafiTm thai
this Is religious nation. These not individual
sayings. declarations Of private persons; they ar,
organic utterancesi they speak the voice Of the On
tire people
''In the face Of ali these shall # be believed that
Congress Of the United States intended 10 MAKE
Il a misdemeanor for church Of this country q
contract for the services Of Christian minister re
siding in another nationl
In the case Of Kansas Colombo, 2H o. s. 4e
perhaps one Of the most important decisions II
which Mr.. u ice Brewer wrote the opinion Of thi
court, he WA- called upon TO deal With riparian
rights and 20 d,i--mine whether not Stat,
has the right 70 the continuous flow Of the water
q a river flowing to it through an adjoining State
whether the latter State has the right To appro
pirate its waters 10 prevent such continuous flow
and whether the amount Of the TOW is subject L
the United States.
In considering at the outset the foundations O.
tho jurisdiction Of this court over controversies be
tween States. Justice Brewer laid down the PROPOSE
ton that the judicial power Of nation extends Il
all controversies justihsbe in their nature the par
ties to which the property involved IN which MAJ
be reached Sy judicial process and when the Judicial
power q the United States was vested In the Su
prems and other courts all the judicial power which
the nstion was capable Of exercising was vested ii
thess tribunals and unless there he some linita
lions expressed in the Constitution II must be helt
10 embrace all controversies Of iustihsbe nature
arising within the territorial limits Of the nation
no natter who may be the parties thereto. Tines,
considerations he said lead to the propositions
that when legislative power is claimed for the
national government. the question is whether tha
pow IS one Of those granted by the Constitution
either IN terms or gy Necessary Implication wherea
IN respect 70 judicial functions the question 4
whether there be any limitations expressed IN thI
Constitution on the general grant Of nationa
power"
One Of the ablest opinions of SIr. Justice Rrews,
is that IN the case Of In re Dehs. petitioner. IS
c. S. 56i. in which he expressed the unani
nous views a the court in affirming that the re
lations Of the general government TO interstate
commerce and the transportation Of the mails ar
such a. to authorize a direct interference TO pre-
vent an obstruction thereto and that court o
equity has jurisdiction TO issue an injunction il
aid of the performance Of such duty.
Perhaps IN other opinion Of this court /
there a better summary Of the principles upol
which rest the power q the Federal government q
maintain its sovereignty, than those which Jus
tice Brewer concludes his opinion in this ease:
we hold that the government Of th
United States is one having jurisdiction owe
every fcOt II soil within It's territory. and sctin
direstly upon each citizen: that while it is
government Of enumerated powers, n has With
the lanits Of those powers. al the attributes o
ssvereignty; that 20 it is committed power owe
interstate commerce. and the transmission Of tn
mall that The powers thus conferred upon Ii
national government are not dormant but hav
been assumed AID put into practical exercise b
the legislation q Congress- that IA the exercise
these powers It Is competent for the nation {
remove al Instructions upon highways. natural O
Sytifcisl. TO the passage q interstate eommercs