Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1910-04-01
DAVID J, BREWER
DIES SUDDENLY
At WASHINGTON.
DEATH ENDS CAREER OF UNITED
STATES SUPREME COURT
JUSTICE.
HAD BEEN ILL BUT FEW DAYS,
Much Speculation SIS to Probable De-
.cision of Court in Pending Cases :.
:. of National Importance.
REHEAR1NG OF STANDARD CASE?

WASHINGTON, d. O., March %
Justice David Josiah Brewer of the SUI
preme court of the United States died
suddenly Monday night at his home in
this city.
Justice Brewer, dying of apop!exy,
was found in the bathroom of his house
by Mrs Brewer. She at once telephoned
for Justice Gould Of the supreme court
of the District Of Columbia. who lives
near at hand. Hurrying to the Brewer
| home. Justice Gould, with the assistance
I of two servants, carried the body to
bedroom. Justice Brewers pulse was
still family beating.
Women Alone IN House.
Mrs. Brewer and a niece, Miss Clara
| Hall were the only members of the fam
| IIy in the house at the time An at
! tempt was made to notify the other
| justices of the COURT hut it was found
| too late to reach any of them except
| Justice Harlan, who sent his son to be
| Of any assistance possible.
! Marshall, Wright and Deputy Clerk
Maher soon received word, Justice Gould
! IN the meantime summoning DR.. j. I'll.
! TAYLOR, who lives a few doors from the
| Brewer hUnee The physician said that
| when he arrived the patient was dead.
Justice Brewer had not been we'll for
| several days. He had suffered several
| attacks of headache and stomach trouble.
! President Taft, upon arrival here to-
lay from New York, was much dis
tressed by the details Of the death OF
his friend. The President had learned
Dnlv the bare fact last night before his
| departure from Jersey City.
Hold Funeral Thursday.
The funeral of Justice Brewer prob
abIv will be held here Thursday and
| the body taken Immediately to Leaven-
worth, Kan, for burial. Should tins
accompany the body to Kansas, leaving
one Justice to adjourn court on next
! Monday, when it must meet, according
| to its own orders.
Effect on Oil Trust Case.
The death of Justice Brewer removes
anv possibility of a deadlock of the SUI
nreme court in its decision OF the Stand
ard Oil and Tobacco trust cases. These
eases will be decided now by a court OF
seven justices, and the nearest to oil.
vision that is possible will be vote OF
4 to 3.
On account of the continued illness OF
Justice Moody, who has not sat with the
court for nearly a year, a tied vote OF the
eight remaining members of the tribunal
was possible. There has been consider
able speculation upon this contingency
ever since it became apparent that eight
justices would pass upon the big trust
cases.
Now a different phase is put upon the
affair so far as this possibility is con
cerned. Justice Brewer sat throughout
the hearings of the arguments on these
cases and participated in the delibera-
tons of the court which have been gong
Oh for the last two weeks upon the de-
cision that is to be rendered. But now
the weight of his vote will go TOR
naught The decision will be the de-
cision of the court as 1t is constituted
when the opinion is rendered.
Retrial Is Not Expected.
Nor will the appointment of Il success
sor. if one should be made Immediately,
serve to affect the decision. The sue
cessor would not have heard the argu-
ments and therefore would not partlcl-
nate in the decision. 1t is regarded as
| unlikely that a successor will be appoint
ed before the decision OF these cases;
There is only one other chance to AVOID
q deadIock-a retrial of the two cases
but this is not expected.
! This is the second death on the SUI
preme court bench in the present term
Justice Peckham died early IN the term,
and was succeeded by Justice Lurton;;
Justice Moody has been ill for several
the bench this term.
Justice Brewers death will be big
loss to the public in other ways than as
a member of the bench. He was the
only member of the bench who freely
EXPRESSED his opinion on large public
questions. He was particularly outSpoken
In his criticisms of the Roosevelt meth
DDS.
Sketch of His Career.
David Josiah Brewer was born at
SMYRNA, Asia Minor June 20. 1881 He
was the son of Rev. Josiah Brewer and
of Amelia A. Field, who were, at the
time of his birth, missionaries to Turkey,
but returned to the United States while
he was an infant.
His mother was a sister of David
Dudley, Cyrus w. and Justice Stephen
J. Field. His early education was re-
ceived In the schools of Connecticut,
and in 1851 he entered Wesleyan uni
versity at Middletown, where his father
then lived, but afterwards went to New
Haven and graduated at Yale III 1856
| with high honors.
Upon leaving Yale he entered the law
! office of his uncle, David Dudley Field, III
New York city, III which he spent one
! year as a student, and then completed
! his legal studies in the Albany Law
| school, from which he graduated in the
| class of 1858. In the fall of that year
! he went west and, after a residence OF
| Il few months in Kansas City, started up
| the Arkansas valley for Pixies peak and
| Denver.
Begins Work Upon Bench.
Returning to Kansas in June, 1859,
after 4 short visit home. he esta blished
himself Ill Leavenworth and resided
there until removing to Washington IN
January 1890. In 1861 he was appoint
81 United States commissioner, and dur
Ing 1863 and 1864 WAS elected iudge OF