The Birmingham age-herald., 1910-03-29
Aqed Jurist Had Been In Apparent Good Health
 For Some Time
SERIOUS QUESTION IS
 RAISED BY THE DEATH
Decisions In Standard oil and Amer feau Tobacco May Be Nuliihcd and the Cases May Have to
 Re Retried by Court

Washington, March 8.-David Josiah Brewer. associate justice of the supreme court of the United States, died tonight at 1c 30 o'clock, as the result of stroke O. apoplexy. His death followed within n minute or two after he was stricken' before he could be carried to his bed.
 Hrs. Brewer was with him when the and came. Justice Brewer was 79 years old.
 The end came unexpectedly, althoush he had not been feeling well for the past few days The aged jurist was up ana eut today, apparently in the best or health and spirits. He was in equaliy good spirits at dinner, and spent the evening in reading.
 Shortly after 10 o'clock he retired to his room, and within a few minutes Mrs' Brewer heard a heavy fall and went to Investigate the cause. She found her nus hand prone on the floor of the bath room.
 ue did not regain consciousness, and died before a physician, hastily sum- moned could reach the house.
 The two daughters of the aged jurist, Mrs James F. Karrich and Mrs. H. B. Jettmore, were summoned at once, but reached the residence too late.
 Justice Brewer came to the supreme court of the United States from the fed eral court in Kansas He was the sec ond oldest member of the court, Justice Harlan only being his senior. He was regarded as the most democratic of all the members of the court, most affable, approachable and accommodating.
 He was the one man on the bench who had proof of his opinions prepared for the newspapers, and this he did consist ently.
 Another characteristic of the dead jur- ist was that he never took any of the time of the court or the public in an nouncing his opinions. He reached the conclusion. probably many years ago, that the audience in the courtroom was so ex- trenlely limited that 1t was pure waste oe time to read long opinions there. He would give only in a few words his con- cIusions. and then hand down the proof sheets Of his opinion, always neatly and completely arranged Justice Brewer was essentially a western man, and his sym pathies were always with the west. He dealt largely with railroad corporations and indeed, 1t is stated. with corporations generally. and he will be missed im- nensely, in the opinion of the court, on the monemtous questions concerning the Standard Oil and American Tobacco cases now under consideration.
 Tn his earlier days Justice Brewey caraped regularly in the Rocky noun tains, and was fond of outdoor life. He was a member of the old Field family, being a nephew of the late Associate Jus tice Stephen J. Field and Cyrus w. Field.
 Justice Brewers death raises a seri- eus question as to the action of the court regarding the Standard Oil and American Tobacco corporation suits, and 1t is not improbabl that the cases will have to be retired since there now remains but seven justices to pass upon them, Justice Moody not having participated in the trials by reason of continued illness.
 David Josiah Brewer was born in Smyrna, Asia Minor, June 20. 1887. the son of Rev. Josiah and Amelia Field Brewer He was a nephew of the late Justice Stephen J. Field, and was graduated from Yale university in 1858 And the Albany law school In 1858.
 He received the degree of IL. D. from he University of Iowa in 1884; Wash burn college, 1888; Yale, 1891; Univer- vity of Wisconsin, 1900 Wesleyan Uni versity, 1s01; University of Vermont, 1904; Bowdoin college, 1905.
 Justice Brewer was appointed to the bupreme court bench by Benjamin liar rison to succeed Justice Stanley Mat shews, taking his seat January 6, 1890
 He was brought by his parents to this country from Asia Minor in the autumn Of 1888. His mother, the laughter of Rev. David Dudley Field and her brother, stephen J. Field, ac- bompanied her husband to Turkey as ! missionary in 1880.
 He was appointed by President Ar hur judge of the United States cir suit court for the Eighth circuit In lowing this service President Harrison appointed him as associate justice of the supreme court of the United States.
 Justice Brewer married Louise R. Landon of Burlington, Vt., who died April ., 1898. They were married in October 31, 1861. He married Emma Mott of Washington, D. C., subsequently, Justice Brewer was appointed by Presi- Sent Cleveland In 1896 to the Vene- euelan boundary commission; in 1899 ne was member of the British Vene- suelan arbitration tribunal and he was prssident of the Universal Congress of Lawyers and Jurists and of the Louis- ana purchase exposition at St. Louis h 1904
 Justice Brewer was the author of The Pew to the Pulpit" "The Twen- sieen century from Another Viewpoint, :" American Citizenship" and The United States Christian Nation"