East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-07-04

Barr Harbor, Maine, July 4.-Chief
Justice of the United States Su-
preme Court Melville W. Fuller died
here today of heart failure. His death
occurred at 6 o'clock this morning,
but was not made public until four
hours later.
Melville Weston Fuller was born
in Augusta, Maine, February II, 1888.
He was appointed Chief Justice of the
United States April 80, 1886. His ap-
pointment was confirmed July 1883,
and he took the oath of office on Oc-
| tober of the same year.
Judge Fullers father was Freder-
ick A. Fuller, and there is a coinci-
dence in the fact that his mother was
the daughter Of Chief Justice Nathan
/ Weston. Young Fuller attended
school at Augusta and was graduated
| from Bowdoin college in the class of
/ 1853. He was a classmate OF Edward
/ j. Phelps, who was subsequently to
| become a distinguished lawyer and
| United States minister to England. 1t
| is a curious fact that thirty-five years
/ later President Cleveland seriously
/ debated the question whether he
! should appoint Fuller or Phelps to
/ the chief justiceship.
After MIR. Fuller's admission to the
/ bar in 1856 he remained in Augusta
/ only two or three years. While there,
| however, he was member of the city
council and during a part of the time
+ city attorney. Then he went to Chi
cago and became within short time
a leader at the local bar. He was
( elected to the state constitutional con-
vention in 1861, and in the following
| year to the state legislature as a dem
ocrat from a strongly republican dis
/ trict. This was regarded as a tribute
to mis- great popularity Mr.. Fuller
, was chosen a delegate to the demo-
cratic national convention of 1864
( 1872, 1876 and 1880.
| Although identified with the demo-
cratic party during the war. Mr.: Full
Ter was not in sympathy with that
wing of the democracy which sup
ported the course taken by the south.
He was an intimate personal friend
of stephen A. Douglas at the great
reception given in his honor by Chi
cago citizens in 1860.
When Mr.. Fuller was appointed to
the highest judicial position in the
nation, the subject of his partisan
ship was naturally talked about. A
democratic president was in the Of
flee and he was expected to appoint
a democrat. The examination of Mr.
Fuller's political record at the time
Z Af IA hx- DO
Cleveland disclosed nothing but that
which was creditable. The old, fash
ioned idea that judges ought not to
be too partisan" was practically vim
dicated in his case; for although al
ways partisan, he had represented
the highest and best type of moderate
conservative partisanship.
one of the remarkable things about
| Chief Justice Fuller was the wide eX-
| tent of his general knowledge 1t has
| been said that no case was ever pre-
sented to him without calling out the
| fact, at some stage of the proceed
ings, that he had a previously acquir-
| ed knowledge of the general subject
| involved in the case in hand. In one
I celebrated case he surprised many
! persons with his neutrality-suspicious..
ly not acquired merely for the occa-
I sion-of ancient ecclesiastical law. 1t
was during the trial of Bishop Che
I ney of the Reformed Episcopal
| church on charges of heresy. 5.
Corning Judd, another noted lawyer
of the Chicago bar, conducted the
prosecution against Bishop Cheney,
and Mr.. Fuller defended him. The
| case went against the bishop, but
the trial served to bring out the Won
derful scholarship of Mr. Fuller and
his ability to make the most of the
! evidence in hand to prove his case.
/ Chief Justice Fuller lived in Wash
ington in a manner to uphold the best
traditions of the high office that he
| occupied. He spent much time in
work and study, yet found time to
move among his fellow men in a So