Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1910-07-08
CHIEF JUSTICE N. W. FULLER.
Head Of the Highest Tribunal Of the
American Government Died Suddenly
from Heart Failure.

Melville Weston Furrer, chief justice
Of the Supreme Court Of the United
States died suddenly from heart failure
early Monday morning in his summer
home. Sorrento. Maine, five miles from
Bar Harbor He was in the 18th year of
his age, and ed year Of his service as
head of the Supreme bench. To him
had fallen the honor Of third rank for
length of service as presiding Justice In
the highest tribunal OF the American
government Chief Justice Marshall pre-
sided over the court "a years and Chief
Justice fancy p years. Mr.. Fuller was
born in Augusta Maine, Feb. IL. 1888.
His father was a lawyer and his grand
fathers on both paternal and maternal
sides were judges in Maine. Mr.. Fuller
graduated from Bowdon college in 1888.
attended law lectures at Harvard and
studied law in an Office in Bangor. He
began his practice in Augusta, where he
was city attorney For short time he
edited the Augusta Age, which was in
tended 70 be a rival to James q. Blaine's
Kennebec Journal At the age of . he
settled in Chicago. and remained there
as law practitioner until ISIS
He was not prominent figure in state
politics. although he was member OF
! the Illinois state convention IN lN62, and
sat for one term in the lower house of
the legislature He was a delegate TO
the national convention Of the Demo-
cratic party I'm 1854 l>72 1876 and lN>0.
The Maine boy who mad gone West
accomplished much. however notwith-
standing his quiet Hfe lie had laid the
foundation for "A deep understanding Of
the commercial laws Of the country. and
along this line he had performed services
for clients that were estimated 10 have
netted him an annual income Of 5000.
| These accomplishments led the Rcpubl.-
can Senators from Illinois 70 urge upon
Ha no.
land the appointment OF Mr. Fuller as
the successor Of Chief Justice Waite.
II is said that President Cleveland was
in favor Of Edward J. Phelps Of Vermont.
at that time amba ssador 70 Great
Britain. until a protest from the Irish
Democrats forced him to change his
views. The nomination OF Mr.. Fuller
was followed by a memorable contest in
the Senate over his confirmation.
The attack on Mr. Fuiler was led by
Senators Edmunds. FvartS and Stewart.
| Senators Clllom and Farweu defended
him The reports that he had been
"Copperhead' during the Civil war and
| that be did not possess the requisite
! ability as "a lawyer were gone over
The Republicans brought up the bred
| Scott decision from the Democratic Jus
tica fancy. and declared that 10 was the
| 6nal cause Of the Civil war. Finally.
however by a vote OF Il 20 2o. his nom
nation was confirmed.
Since that day the entire court. as II
| then existed. has passed away with the
| single exception II Justice Harlan
Eighteen justices have been associated
| with Mr. Fuller during his long term
| Throughout his service. Chief Justice
| Fuller was noted for the q entity with
which he filed the position.
Although Of small stature. not more
| than feet inches, his wealth ~ suvery
| hair and clasSic features made him
no r
| ed His voice was musical ana low. and
! in the few Interruptions which he made
| In the hearings OF "a case was heard to
great advantage.
In private life he was democratic in his
habits and he lived simply. Chief Justice
| Fuller reflected to a great extent his
research into literature by the style OF
| his opinions and addresses.
| Chief Justice Fuller leaves an indelible
stamp on the laws 81 the country.
Among his most famous opinions are
| the following:
The income tax decisions in which the
| income tax law was held to be unconsti-
| tutional
The Danburv hat case. in which labor
unions were held TO b. amenable to the
| sherman antitrust law
The Western Union Telegraph company
vs. the Commonwealth Of Pennsylvania.
in which the state was denied the right
70 tax telegraph messages. except when
| intra state
The Bank If Washington rs. Hume. In
which the insuTahle interest Of the wife
and children I'm the lie Of the husband
and father was recognized as distin-
| guished from the claim Of creditors,
Irman vs. South Carolina Railway
| COMPANY in which the railroad was
| denied the power 10 exempt itself from
| liabilities for its negligence In the ship
ment OF goods.
Moore vs. Crawford. in which married
women We're made 20 bear liabilities,
such as those growing ont Of the fraud
ulent sale OF land. as well as the legal
rights
Ieisy vs.. Hardin. in which the state
was denied rights over original packages
| ~ liquor IN interstate commerce. an
| opinion which led TO the passage Of the
| Wilson liquor law
| Chief Justice Fuller was married twice
| first In 1855 to Miss Calista o. Reynolds
and again in 1866 TO Miss Mary f. Cool
| baugh. He had six daughters. one Of
| whom attained notoriety through an
| unfortunate marriage.
| Chief Justice Fullers name is not es-
| peCially associated with any immortal
| decisions. II is not linked with as many
| notable key decisions as that Of his jun
| Tor associate on the bench. Mr.. Justice
| Brewer. one reason for that Is that the
| chief justice. being a Democrat and gem
| orally a close conStructionist. was in the
minority Of his own court on a number Of
| key questions, ever since he was ap-
| pointed. Another reason is that, mas
| much as the duty Of assigning a member
| of the court to write an opinion (where
| the members are agreed devOlves on the
| chief justice. it often happened that he
| gave over 10 another the opportunity to
write the opinion.
! The associate justices say that never
| was a chief justice so loved and honored
| by his associates. and every lawyer who
| practices in the Supreme Court says the
| business Of the court Is facilitated and
| the trial Of cases made more simple by
| this condition. There was never a chief
| justice who was allowed so much discretion
| In passing upon questions and in the de-
| cisions Of minor points, by the associates
| who are supposed 10 enter into council
| even over the little things. During the
| years that Mr.. Fuller presided the most
| perfect harmony was maintained on the
| Supreme bench and this was done at
| times under trying circumstances.
| EAST JAMAICA.