Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-07-07
MS autograph. The author wrote:
ut is delicious to be full.
'But It Is heavenly to be Fuller.
II am cnrdially vn,ira

MS autograph. The author wrote:
1T Is delicious to be full.
BUT It Is heavenly to be Fuller
- am cordially yours.
Melville w. Fuller"
The late chief Justice as far as known
never expressed his opinion Of what he
thought Of Twain playing this little joke
on him
Chief JutiCe Fuller reflected to great
extent his research into literature by the
style OF his opinions and addresses.
In inc earlier days. after going on the
oench no wrote some poetry and now
ana then leapcd into poetcal touches in
ms opinions from the bench. one Of the
pest Illustrated OF this was the opinion he
handed down in the case of Hammond
vs.. Hopkins
POLITICAL IN HIS SUMMARY.
He concluded his opinion by saving:
In all cases where actual fraud is not
made out, but the imputatlon rests upon
conjecture, where the zeal OF death has
closed the lips of those whose character
Is involved and lapse of time has impaired
the recollection ~ transa ctions and OBJ
scured their details. the welfare of So
ciety demands the rigid enforcement of
the rule of diligence. The hour glass must
supply the ravaRes Of the scythe and
those who have slept upon their rights
must be RENTED to tho repose from which
they should not have been aroused"
HIS death to-day recalls his own words
on such events expressed at the centenary
of the court 20 years ago.
Judges will be appointed" said he
and will pass. one generation rapidly
succeeds another. But. whoever comes
and whoever goes. the court remains,
keeping alive, though many centuries we
shall not see the light that burns with
constant radiance upon the high altar of
American constitutional Justice"
SOME FAMOUS OPINIONS.
chief Justice Fuller leaves an ndelible
stamp on the laws of the country. Among
his most famous opinions are tho follow
ing:
lne income tax decisions In which the
income tax law was held to be unconsti-
tutional
The Danbury hat case in which labor
unions We're held to he amenable to the
Sherman antitrust law
The Western Union Telegraph Co VS.
the Commonwealth of Pennsylvania in
which the state was denied the right to
tax telegraph messages, except when in
ira State.
The Bank of Washington vs.. Hume in
which the insurable interest OF tho wife
and children in the life Of the husband
and father was recognized as distinguish Cd
from the claims of the creditors.
1nnan VS., South Carolina Railway COM
rtl nv IN, ,tr.k
the power to exempt itself from liability
for ts negligence In the shipment of
goods
Moore VS.. Crawford, in which married
woman were made 70 lear liabilities.
such as those growing out of the fraud
ulent sale of land. as well as the legal
rights.
Lelsy vs.. Hardin in which the State was
denied rights over original packages of
liquor in Interstate commerce. an orin-
ION which led to the passage OF the Wilson
liquor law.
HUGHES WILL SUCCEED HIM
Beverly, Mass. July 4-wh,le the pras,-
dent declines definitely to committee him
self In any way it is regarded here to-
night as practically certain that Cover
''' aus hN' vi new lOTk Will De the next
chief Justice OF the United States Su-
preme Court Governor Hughes already
has accepted appointment as an associate
Justice and his nomination to that place
has been confirmed by the Senate Tn
looked for developments may cause a
change In the Presidents attitude, but as
matters stand ut present. Governor
hughes is foremost in the Presidents
eye.
NO appointment OF a successor to chief
justice Fuller Will be made until congress
meets In December next. BY that time
II Is believed that the President may have
10 appoint also "a successor TO Justice moo
dy In whose behalf a retirement bill was
passed a the session of congress iust
closed. Early in his administration Mr..
Iaft announced that only under the most
exceptional c!rcums tances would he make
recess appointment to any one of the
federal benches. He believes that no
Judse Of United States court should act
In case until confirmed by the Senate