Los Angeles herald., 1910-07-05
CHIEF JUSTICE IS
CALLED BY DEATH
CONTINUED from Page one,


prominent in the fight over his con-
firmation. only Senator Cullom remains,
and President Cleveland, who thus
honored the Illinois lawyer, has like
wise gone to his grave.
The service of Chief Justice Fuller
was noted for the dignity with which
he filed the position. He preserved
that manner whether on the bench or
off it. Although small of stature, not
more than five feet seven inches, his
wealth of silvery hair and classic feat
ures made him a commanding figure
wherever he appeared.
TWAIN's JOKE
Probably Mark Twain resembled the
chief justice in physical appearance
more than any other man of prom
inence in recent years.
Frequently the humorist was mis-
taken for the jurist. One day a young
woman aecosted Mark Twain on the
stleet and with the apology that she
had never seen the chiefAjustice be-
fore, asked for his autograph,
The author wrote 1T is delicious
to be full. But 1t is heavenly to be
Fuller L 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 that
little joke on him.
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
going on the bench he wrote some
poetry, and now and then lapsed into
poetical touches in his opinions from
the bench. One of the best illustra-
tions of this was the opinion he handed
down in the case of Hammond VS..
Hopkins. He concluded his opinion by
saying: -
I'm all cases where actual fraud is
not made out, but the imputation
rests on conjecture, where the seal of
death has closed the lips of those
whose character is involved and lapse
of time has impaired the recollection
of transactions and obscured their de-
tails, the welfare of society demands
the rigid enforcement of the rule of
diligence. The hour glass must supply
the raVages of the scythe, and those
who have slept on their rights must be
RENTED to the repose from which they
should not have been aroused"
His death today recalls his words on
such events expressed at the centenary
of the court, twenty years ago; Judges
will be appointed said he, land will
pass away. One generation rapidly
succeeds another but whoever comes
and whoever goes, the court remains,
keeping alive through many centuries
we shall not see The light that burns
with a constant radiance on the high
altar of American constitutional JUS
tice." -
PRINCIPAL DECISIONS
Chief Justice Fuller left an indelibe
stamp on the laws of the country.
Among his most famous opinions were
the following:
The income tax decisions, in which
the law was held to be unconstitutional.
The Danbury hat case. in which
labor unions were held to be amenable
to the sherman antitrust law.
The Western Union Telegraph COM
sylvania, in which the state was denied
the right to tax telegraph messages,
except when intra-state.
The Bank of Washington VS.. Hume,
in which the insurable interest of the
wife and children in the life of the
husband and father was recognized as
distinguished from the claim of cred
itors.
Inman VS.. South Carolina, in which
a railroad was denied the power to
exempt itself from liability for its neg
ligence in the shipment of goods.
Moore VS.. crawford, in which mar
ried women were held to bear liabil-
tiles such as those growing out of
fraudulent sale of land as well as the
legal rights.
Leisv VS.. Haddin, in which the state
was denied right over original pack
ages of liquor in interstate commerce,
an opinion which led to the passage
of the Wilson liquor law.