New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-29
D. J. BREW Err DEAD
ANOTHER T4C4NCT IN
SUPREME COURT.
ASSOCIATE Justice, Stricken ,cith
ApopIeTy, Empires Before
Physicians .frTiUc.

- J'tt ANftC
Prom The Trib1po Bureau
Washington. March 2S.-David Josiah
Brewer. for more than twenty years an
associate Justice Of the Supreme Court
of the United States. died suddenly at
his home here tonight
Justice Brewer, who was about to re-
tire for the night. went To the bathroom
about 1880 o'clock. 4 few minutes later
Mrs Brewer heard a heavy fall Rushing
~ the bathroom she found the stricken
justice lying on the floor. breathing heav-
lily. She summoned by telephone Justice
4. ". Could. Of the District of Columbia
Court. q neighh"r and friend Of Justice
Brewer who responded promptly Jus
I tice Brewer was dying when Justice
Gould reached him. DR. A. H Taylor
and Dr. Sherley Ruffin reached the house
a few minutes later. Justice Brewer be
ing dead when they arrived After 4
hasty examination they announced that
death had been caused by apoplexy.
The two daughters Of the aged jurist.
Mrs. James =. KsrriCh and Mrs " r.
Jetmore. We're summoned. but reached
the house too late 10 see their father
alive
Although Justice Brewer had not been
feeling We'll for the last few DAYS. ne
was M and outdoors to-day. apparently
i'm the best Of health and spirits He
was I'm equally good spirits tonight.
when he ate dinner and spent the even
ing I'm reading
May Retry Trust Cases.
Justice Brewers death raised = seri-
Gus question as 10 the action of the court
I'm the Standard oil and American To
hacco Company suits. II is not impos
sible that they will have to be retired.
since there now remain only seven jus
tices 10 pass upon them. Justice Moody
not having taken part in the proceed
ings.
Justice Brewer essentially was a West
ern man, and his sympathies were al
ways with the West. He dealt largely
with railroad corporations. and indeed
with corporations generally, and he will
be missed immensely in the opinions II
the court on the mOmentous questions in
the cases now under consideration.
Justice Brewer was the one member of
the Supreme Court who was i'm almost
constant demand as a lecturer and after
dinner speaker He was a speaker Of
unusual ability. With a picturesque
person. a rich voice and com
mand Of strong and powerful English.
he always held his audience until the last
r~1 Of III
opinions forcibly and clearly on any sub
ject, unless for some reason il might af-
feet a pending decision of the Supreme
Court. He was the only man on the
bench who had proof copies of his opin
ions prepared FOX the newspapers. and
this he did consistently.
Another characteristic Of the jurist was
that he never took any of the time of the
court or the public i'm announcing mis-
opinions. He reached the conclusion.
probably many years ago. that the audi
ence in the courtroom was SO limited
that IL was a waste Of time to read long
opinions through He would give his
conclusions i'm a few words and then
hand down the proofsheets of his opin-
b
While i'm the Supreme Court Of Kansas 5
Justice Brewer handed down the decision
that women were eligible tn the office Of
county superintendent Of public schools.
and another sustaining tho right of
women 10 money possessed by them at
the time of marriage. and to all money
/ earned by them thereafter As United
States Circuit judge he entered the de
cree sustaining the Maxwell land grant.
the largest private grant sustained in
the United states
I'm his earlier days Justice Brewer
camped regularly In the Rocky Noun
tains and was fond of outdoor life He
was q member of the old Field family.
being d nephew of Associate Justice
stephen J. Field and cyrus w Field
The news Of Justice Brewers death
spread over Washington with great ra-
pdity and caused general sorrow. for
he was one Of the best known and most
popular members OF the federal judiciary
i'm the national capital
In point OF service ON the Supreme
/ court bench. Justice Brewer ranked
third Chief Justice Fuller preceded him
about a year and a half. while Justice
( Harlan was appointed twelve years BE-
fore Mr. Brewer came TO WASHINGTON
/ Justices Harlan and BreNer were almost
inseparable companions and .requently
walked together in their daily journeys
70 and from the Capitol No member OF
+ tho court was more democratic thar Jus
4 tice Brewer or had a larger circle II
( friends in Washington.
David Josiah Brewer mas horn iu
/ SMYRNA. Asa Minor. on June q. 1851. the
( son OF the Rev. Josiah Brewer His mother
I l@tore her marriage was Emilia \ Field.
/ a sister cf David Dudley, cyrus w and As
sociate Justice stephen J. Field. of the
/ United states Supreme Court David j.
/ Brewer vas graduated from Yale In IS.6
and from the Albany Law School in IS5S
i In 1853 he established himself as A LAWYER
i at L@aNcnUorth. Kan. and remained there
until lie removed 10 Washington To enter
/ the Supreme Court
l ln 1861 he Was appointed United States
/ commissioner. aud WAS Judge Of probate
/ aud criminal courts If I.Aavenworth Coun-
+ ~ in 1858 and 1854 In 1863 and $50 he was
County Attorney of Leavenworth. and I'm
/ 1870 was elected Justice of the Supreme
/ court of kansas. and was reelected in
/ lNI6 and 1sSZ
In 1884 he was appointed United States
/ Circuit Court Judge for the Sth District.