Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-07-04
LOOKED LIKE MARK TWAIN.
at IS delicious. to DC full. But
heaveiiiy 70 'be rsulier.
am cordially yours
MELVILLE w. FL

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.
Chief Justice Fuller reflected to a
great extent his research into literature
by the style OF his opinions and 'ad-
dresses. In the earlier days after go
ing 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 illustrations of this was
the opinion he handed down In the case
of Hammond vs.. Hopkins. He conclud-
ed his opinion by saying:
In all cases where actual fraud Is
not made out. but the imputation rests
on conjecture, there the seal OF death
has closed the lips of those whose char
acter Is involved and lapse OF time
has impaired the recollection OF trans
actions and obscured their details. the
welfare OF society demands the rigid
enforcement of the rule OF diligence
The hourglass must supply the ravages
of the scythe and those who have slept
on their rights must be rennttod TO the
repose from which they should not have
been aroused"
HUGHES FOR THE PLACE.
somerville. Mass. July 4.-The presi-
dent later I'm the day spoke at greater
length on the death OF Chief Justice
Fuller. He said II learn Of Jus
tice Fullers death with great regret &.
He was an old friend and great judge.
l had known him for 20 years when |
was solicitor general. and our relations
We're always those OF intimate friends.
/ had the highest respect for his legal
ability and his death Is great shock"
Although tho president would not dis
cuss the question OF successor, there
is a strong impression among those
close 10 the executive that Gov. Hughes
Of New York will be the next presiding
Justice OF the supreme court OF the
United States.
AS each vacancy has occurred recent
~ strong pressure has been brought to
bear on the president to elevate to the
supreme bench some Judge on the cir
cult court bench.
Among the judges in the circuit are
Vandeventer. Hook and Sanborn. II
has been argued, however. that as
these Judges have passed on the Stand
ard OIL case, which IL to be reconsid-
cred by the supreme court OF the United
States this fail, they might be regarded
as ineligible. At one time President
Taft said that he did not consider this
a bar to the supreme court
Solicitor Gen. Bowers who has been
mentioned I'm connection with each re-
cent vacancy on the supreme court
bench, and Frank y, Kellogg Of Mime
apolis. former "chief trust buster" of
the administration. also have been men,
toned for the supreme court vacancy.
Justice Swayze OF the supreme court
Of New Jersey is looked on as one OF
the most likely candidates President
Taft will make no selection until after
Congress meets. for ne does not believe
that federal judges should take their
places on the bench until confirmed by
the senate.
UNWILLING TO TALK.
Beverly. Mass, July 4.-Associat-
Justice Oliver Wendell Holmes, who Is
at his summer home at Prides Cross
ing, was greatly shocked to hear OF the
death Of Justice Fuller. but said he did
not care to make "a statement