The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1910-07-07
CHIEF JUSTICE or
HIGHEST COURT IS
CALLED BY DEATH
For 20 Years He Presided
Over Supreme Court Of Uni
ted States-Chicago
Lawyer.

morning. Death was due to heart fail
ure. Chief Justice Fuller was in his
18th year.
The death Of the chief justice was
entirely unexpected, as he had been in
apparently good health lately, and there
had been no premonitory symptoms OF
any kind of trouble. Yesterday he at
tended church as usual, and when hi
retired last night he was to all appear
ances In his customary health. His
daughter, Mrs. Nathaniel Francis, and
Rev. James e. Freeman, who was a
guest Of Justice Fuller at his Sorrento
cottage, "Mainstay," were with. the
jurist when he died.
The funeral services will be held at
Sorrento and the interment will be at
Chicago. The date for the funeral has
not yet been 1xed. Chief Justice Fuller
was in his 18th year.
For many years the chief justice had
spent his summers at Sorrento, a sum-
mer colony located on Frenchman's
bay. Ave miles from Bar Harbor.
JUSTICE FULLER THIRD
IN LENGTH OF SERVICE
Washington, July 6.-To Chief Jus
tice Fuller fell the honor of third rank
for length of service as presiding JUS
tice in the highest tribunal of the
American government. Fol % years he
was chief justice of the supreme court
of the United States, but Chief Justice
Marshall presided over the court for 81
years and Chief Justice fancy for 2S
years. With the future rests the de-
termination Of his rank among the eight
chief justices of history for ability and
accomplishments.
Before Grover Cleveland sent his
name to h Senate IN April 80, 1888,
for confirmation as chief justice, he
vas practically unknown except to
members of the legal profession. In
Maine, where he was born on February
II, 1888, he had been known as a we'll
behaved, rather scholarly lad. He had
gone to Bowdoin college and, inciden-
tally, there won most Of the prizes for
e%locution. He had gone down to Har-
ward law school for n year.
Was Once an Editor.
Finally he blossomed forth as a full
fledged lawyer and politician of a high
minded sort in his native city Of Au-
gusta. He became an associate editor
on a democrtic paper called The Age,
and about the same time was elected
president of he city council and then
city solicitor. Soon thereafter he left
Maine for the greater opportunities Of
life in Chicago.
From 1856 to 1888 he lived in Chica-
go but attracted little attention out
side his immediate circle of friends and
associates at the bar until he undertook
the defense Of Bishop Cheney on q
charge of heresy. His knowledge Of
ecclesiastical history and procedure
astonished those who conducted the
case, n his argument of the aus Of
the bishop before the supreme our of
Illinois Is referred to still as a forensic
effort seldom IL ever surpassed in that
court.
He was a delegate to the national
conventions of the democratic party in
1864, 1872, 1875 and 1880.
Was Profound Lawyer.
The Maine boy who had gone west"
accomplished much Notwithstanding his
quiet life. He had laid the foundations
FOR a deep understanding of the COM
mercial laws Of the country, and along
this line he had performed services for
clients that were estimated to nave
netted him an annual income Of $4,000.
These accomplishments led the re-
publican senators from Illinois to urge
On the democratic president the ap-
or of Chief Justice Waite.
The nomination Of Mr.. Fuller, then
55 years old, was followed by a memo
rable contest in the Senate. The judi
ciary committee, with it's republican
majority, to which the nomination was
sent April 80. held up the appointment
until July 20. Then the committee re-
pSh NSo ~ ~ shS NAAos an wv
ommendation."
Fight on Confirmation.
For three hours that body debated in
executive session whether to confirm or
reject the nomination. The attack on
Mr.. Fuller was led by Senators Ed
munds, Evarts and Stewart. Senators
Cullom and Farwell defended him. The
reports that he had been a copper
head during the civil wal and that he
lsI N4x .a4a1A.c Aha ran,ttoitn ahf1str nc
a lawyer, were gone over. Finally, by
a vote Of Al to 20, his nomination was
confirmed. Since that day the entire
court, as 1t then existed. has passed
away with the single exception Of Jus
tice Harlan. OF those prominent in the
fight over his confirmation, only Sena-
tors Cullom and Edmunds remain, and
President Cleveland, who thus honored
the Illinois lawyer, has likewise gone to
his grave.
Throughout his service Chief Justice
Fuller was noted for the dignity with
which he filled the position. He pre-
served that manner whether on the
bench or off Of 1t. Although small of
stature, not more than 5 feet z inches,
his wealth of silvery hair and classic
features made him a commanding fig
ure wherever he appeared.
Mark Twain's Joke.
Probably Mark Twain resembled the
chief justice in physical appearance
more than any other man Of promi-
hence In recent years Frequently the
humorist was mistaken for the jurist.
One day a young lady accosted Mark
Twain on the street and with an
apology that she had lever seen the
chief justice before, asked for his au-
tograph. The author wrote:
at Is delicious to be full.
but 1t is heavenly to be Fuller.
II am cordially yours,
Melville w. Fuller"
The late chief Justice, as far as
known, never expressed his opinion of
what he thought of Twain for playing
this little joke on him.
Fine Literary Style.
Chief Justice Fuller reflected to a
great extent his research into litera-
ture by the style Of his opinions and
addresses. In the earlier days, after
CNI IcINN ON =