The Washington herald., 1910-06-01

C0IITITeTT
tive branch and in the use Of the entire executive
POKER 0f the nationl to forcibiy remove All sich
distinctions i is equally within ~ competency
10 appeal to the civil courts lot - inquiry anu
determination as TO the existence and character
Of any aUeeed distractions, and If such are found
10 exist OF threaten 70 ocir to invoke the powers
of those courts 10 remove or restrain sien ousfuc
tons that the jurisdiction Of courts TO interfere ~
such matters by injunction Is one recognized IIoh
ancient times and indutiabls authority
Justice Brewer was always noted as man o.
deeD RELIGIOUS conviction. We have seen that one
Of the frat questions which he was called upon 20
deal with after his elevation 20 the Supreme to'ft
involved the relation between religion ana me ma
toual government. He was keenly interested IN
the position Of women in our modern society, ana
one Of the latest Of his decisions Muller vs. STATE
Of Oregon, % L. s. 4l2 involved the Tlgnt ot
State 70 regulate the working hours o. women
After reviewing the laws Of Oregon. he observed:
1T thus appears that putting 10 one SIDE tno
elective franchise in the matter Of personal and
eontractuai rights they stand on the same plane IS
the other sex Their rights in these respects can
no mere be infringed than the equal rights Of
their brothers..
nous opinion Of this court; That woman physi-
cal structure and the performance Of maternal
functions place her at a disadvantage IN the stFus
gle for subsistence. is Obvious. This Is esPeeiauI
true when the burdens OF motherhood are upon
her Even when they are not, by abundant testi-
naopv Of the medical fraternity. continuance Tor
a..
long time on her feet at work, repeating ms
from day TO day, tends to injurious ELECTS upon
the body, and healthy mothers are essentloi 10
vieorous offspring the physical well-being Of woman
becomes an object Of public interest and care IN
order 10 preserve the strength and Elgor oil the
race"
''StiI again history dscloses the fact that woman
has always been dependent upon man, lie estao-
lished his control at the outset By superior physical
strength and this control in various forms. Win
diminishing intensity, has continued 20 the present
Education was long denied her, and while
now the doors Of the schoolroom are opened ana
her opportunities for acquiring knowledge are great
yet even with that and the consequent increase OF
capacitv for business affairs II Is still true that
in the struggle for subsistence she Is not an equal
competitor with her brother. Though limitations
,,uon personal and contractual rights mas DO ne
moved by legislation there is that IN her dispo-
siton and habits Of life which viii operate against
a full assertion Of those rights. She VIII sun oe
where some legislation 70 protect her seems neeas-
sary to secure a real equality Of right
Your honors know better than any but ms I'M
mediate family the personal qualities Whlcn en-
deared justice Brewer alike 10 his associates OF
the bench to MS friends. and to the bar
Nothing better can be said Of any man, however
high his place or great his deeds, thAh thsl
throughout his life he was not only esteemed pal
beloved By all who knew him. and, indeed, thai
rraise IS greater in proportion exalted station and
high career tend to isolate from ones Fellows.
Justice Brewer everywhere and always Won al
fiction 1t was so IN his life at the university
His activities as a judge Of his adopted state,
Kansas ard then as judge Of the United States
for the largest circuit in the country, we're made
easier and more effective By the warm and lasting re-
gard Of his bar; and when advancement 70 t-ls cof
/ Widened his contact from the lawyers Of the Mes'
to the lawyers and indeed, 10 the people Of the ma
/ zion he soon gained the love q his countr5neT
/ generally. ana IL remained with him 20 the end
/ Reasons neeE not be sought They would not q
difficult 70 find OF to declare; but sleh eohl4nuee
II
! proves without analysis. the worth and beauty O.
/ the personality that gains II.
Justise Brewer was q son Ct a Christian mission
airy; and the sons life. Ike the fathefs was oi'
/ q service For six and forty years he served m
/ ueopIe hearing causes and judging ughteousN
( between every man and his brother. and tn
stranger that is with him" And in the disehars'
of bis great Office he did ever obey the injunctoi
laid upon the judges Of Israel by their great La"
giyer; -
J re shall hear the small as wei IS the great y
! shah not be afraid CT the face Of man; Tor Ia
| Judgment is Gods "-Deut., i;i7.
( The Chef Justice responded as follows,
/ During the years Of my occupancy Of a seat upoi
! this bench It has been my sad duty to accept 70
/ the court tributes Of the bar In memory OF IN
| many members Of this tribunal who have passed :
their reward. AS our Brother Brewer joins IN
great procession there pass before me the forms
Matthews anc Miller. Of Field and Bradley an'
Lamar and Blatchfmd. Of Jackson and Gray, am
Of Peckham, whose works follow them now TIA
they rest from their laboTs- They were all men o
marked ability. Of untinng industry. ard OF lntenS
! devotion 70 duty, but they were mol allAe. Inc
differed "as one star differs from another star i
elorv" Their names viii remain iIustrOus IN n
! annals Of Jurisprudence. And now We are Gale
on 70 deplore the departure Of Of the most loV
able OF them all.
He died suddenly. but not the unprepared deau
from which we pray 70 be delivered When the IN
expected intelligence was conveyed TO me l cOul
| not but think Of Ms. Barbauld's poem on Life,
and seemed to bear our dear friend eKclaim:
"IAfe We've been long together,
| Through pleasant and through cloudy weather.
| lis hard to part when friends are dear;
Perhaps twill cost sigh, tear
Then steal away. give little warning,
Choose thine own time;
Say not goodnight, but in some brighter cline
Bid me good morning.
The resolutions Of cur bar and the Discriminate
remarks Of the Attorney General adequately cove
the magnificent judicial aboTs Of Mr.. Justice Brewer
but t is the inefahle sweetness Of his dispOsiti0
that chiefly impTesses itself upon me and Is ind
Gated by the serenity OF the verse / have quoted
He was a truly eloquent man The fountain Q
tears and the fountain Of laughter ran close e
gather and carried the hearer away upon the mingle
current of their waters. And. like Mr.. lincoln b
eridently found great comfort from the ineFitabl
trials and tribulations Of the world in the humorou
anecdotes which brought the relief Of nerrimeut,
But / cannot prolong these remarks. The resOlI
tons and observations OF the Attorney General wi
bs spread upon our records.
No. l5s. The City Of Omaha. petitioner. Vs. Tn
Omaha Water Company; on wit Of certiorsri to tn
United States Circuit Court Of Appeals for tn
Eighth circuit; decree affirmed with costs and caus
remanded 10 the Circuit Court Of the United State
for the District of Nebraska Opinion BY Mr.. Ju,
tice LUrton.
No. $40. Henry l. Hertz. Collector. Sc. vs.. Co
don o. Woodman ct al, Executors &c; on
certificate from the United States Circuit Court
Appeals for the Fourth circuit; question certihe
answered in the negative. Opinion by Mr. Justic
Iarton. Dissenting: Mr. Justice McKenna Nj
Chief Justice Fuller and Mr. Justice Day.
No. !. Original The State Of Maryland con
plainant, VS.. The State Of West Virginia; deere
entered. Opinion by Mr.. Justice Day.
No 10 Harry T. Herndon. Prosecuting Att0rne
Of Clinton County. Mo-. ct al. appellants. vs. IN
Chicago Rock Island and Pacific Railway Con
pany appeal from the Circuit Court Of the Unite
States for the Western district Of Missouri. Deere
affirmed with costs Opinion by Mr. Justice Day
CThe CHIEF Justice concurs IN the result)
No Isl. Cornelius Roach, Secretary Of State
the State Of Missouri. appellant, vs.. The Atchisor
Topeka and Santa Fe Railway Company; apes
from the Circuit Court Of the United States for th
Western district Of Missouri. Decree affirmed wit
costs. Opinion By Mr.. Justice Day. THE Chic
Justice concars IN the esultl
No l6i Pink Franklin. plaintiff in error VI
Tbs State Of South Carolina in eTToT to the ST.
preme Court Of The State Of South Carolina; juds
ment affirmed with costs Opinion by Mr. JustiC
Day.
J No. ia. John A. Watson plaintiff in error. Vi
/ The State q Maryland. in error to the Court G
Appeals for the State Of Maryland judgment affirm
ed With costs Opinion b Afr. Justice Day.
No. Il. Original. Ex parte: In the matter
; Henry A Cleland, petitioner: rule discharged an
petition for wit Of mandamus denied. Opinion
Mr.. Justice Holmes.
No Us. Alfred Dozier. plaintiff in error. vs. Ia
State Of Alabama; IN error to the Supreme Coul
of the State Of Alabama: judgment reversed wit
costs and Gauss remanded for further proceedings
conformity with the opinion q this court Opinio
b. Mr.. Justice Holmes
No 81. Edward S. Thomas, as trustee in banl
riptcy. &c. appellant rs. Solomon 81 Sugarmar
7 appeal from the United States Cireuit Court
Appeals for the Second circuit; decree reversed it
costs and remanded to the District Court {
the United States for Tbs Southern district Of Ne