Los Angeles herald., 1910-03-29
APOPLEXY KILLS
JUSTICE BREWER;
DEATH ISSUDDEN
Aged Supreme Court JuriSt
Stricken in Bathroom
in His Home
AFFECTS BIG CASES
Standard Oil and Tobacco
Trust Suits May Have
to Be Retired
AFFECTS BIG CASES
Associated Press1

tAssoclated Pressl
M ASHINGTON. March 2S.-David
wv Josiah Brewer. associate justice
of the supreme court of the
United States, died tonight at 1890
o'clock of a stroke of apopleXy. His
death occurred before he could be
carried to his bed. Mrs. Brewer was
with him when the end came.
Justice Brewer was 73 years of age.
The end was altogether unexpected.
Although he had not been feeling well
for the last few days. the aged Jurist
was up and out today, and apparently
in good health and spirits. He was in
equally good spirits at dinner, and
spent the evening reading.
Shortly before 10 o'clock he retired to
his room. Within a few minutes Mrs.
Brewer heard heavy fall, and went
to investigate She found her husband
prone on the floor of the bath room.
He did not regain consciousness, and
died before a physician, hastily sum-
moned, could reach the house.
The two daughters OF the aged Jur-
ist, Mrs. James F. Karrich and Mrs.
II. ]. Jetmore, were summoned at once,
but reached the residence too late.
Appointed from Kansas
Justice Brewer came to the supreme
court of the United States from the
federal court in Kansas. He was the
econd Oldest member of the court
Justice Harlan only being his senior
He was regarded as the most demo-
cratic of all the members of the court,
most affable, approachable and accom-
modating. He was the one man on the
bench who had proof copies OF ms
opinions prepared for the newspapers,
and this he did consistently.
Another characteristic of the Jurlst
was that he never took any line OF the
court or public in announcing his opln-
ions. He reached the conclusion, prop
ably many years ago, that the audience
in the court room was so extremely
limited 1t was a pure waste of time 70
read opinions there. He would give IN
a few words his conclusions. and then
hand down the proof sheets of his opin-
ion, always completely arranged.
Justice Brewer essentially was
western man, and his sympathies were
always with the west. He was deeply
versed in corporation law, ana WIZ De
missed immensely during the framing
of the opinions of the supreme court on
the momentous questions concerning
the STANFORD oil and the tobacco cases
now under consideration.
Member of Field Family
In his earlier days Justice Brewer
camped regularly in the Rocky noun
tains, and was fond of outdoor life. He
was a member of the old Field FAMILY,
being a nephew of the late Justice
Stephen ]. Field and Cyrus w. Field.
Justice Brewers death raises seri-
Gus question as to the action of the
court regarding the Standard Oh ana
American Tobacco company suits, ana
it is not improbable the cases will have
to be retired, since there now remain
but seven justices to pass upon them,
Justice Moody not having participated
in the trials by reason of continued Ill
ness.
Justice Brewer was the one member
of the supreme court who was IN al
most constant demand as lecturer
and after-dinner speaker. he was an
orator of unusual ability. With pic
turesque personality, rich voice ana
a command of strong English, he al
ways held his audience until his last
word had died away. He expressed his
opinions forcibly and clearly on any
subject unless for some reason 1T
might affect a pending decision of the
court.
Born In Smyrna
David J. Brewer was born in
Smyrna, Asia Minor, June 90 1891 the
son of Rev. Josiah and Amelia Eleid
Brewer He was graduated from Yale
in 1856 and the Albany Law school in
1858 He received degrees of LII. ID.
from the University of Iowa in 1854,
Washburn college in. 1888, Yale in 1901,
University of Wisconsin in 1900, Wes-
leyan university in 1901, University of
Vermont in 1904 and Bowdoin in 1908.
Justice Brewer was appointed to the
supreme court by President Benjamin
Harrison to succeed Justice Stanley
Matthews, taking his seat January g.
1890.
He was brought by his parents to
this country from Asia Minor in the
autumn of 1888. His mother, daughter
ter of Rev. David Dudley Field, and a
sister of stephen j. Field, accompanied
her husband to Turkey as missionary
in 1880.
After his graduation from the AL
hanv. N. Y, Law school he studied
law in the office of his uncle, David
dudley Field, in New York. He en-
tered the practice of law in Leaven-
worth. Kas. There he progressed rap
idly in his profession. He was, ap-
pointed by President Arthur judge or
the United States circuit court. Eighth
circuit, in 1884 and served five years
Following this service President Har-
rison appointed him to the supreme
court of the United States.
While upon the supreme court bench
of Kansas Justice Brewer handed down
the decision that women were eligible
to the office of county superintendent
of public schools and another sus-
tanning the right of women to money
possessed by them at the time of their
marriage and to all money earned by
them thereafter.
AS United States circuit court judge
he entered the decree sustaining the
Maxwell land grant, the largest private
grant sustained in the United States.
Justice Brewer married Louise r.
Iandon of Burlington, VT, on october
3. 1861. She died April 2, 1898. On
June 5. 1901. he married Emma l..
Mott of Washington, ID. c..
Justice Brewer was appointed by
President Cleveland in 1896 to the
Venezuelan boundary commission. In
1899 he was a member of the British
Venezuelan arbitration tribunal. He
was president of the Universal Con-
gress of Lawyers and Jurists during
the Louisiana Purchase exposition at
st. Louis in 1904.
Justice Brewer was the author of
''The Pew to the Pulpit" 'The Twen-
tieth Century from Another View
point" american Citizenship" and
.The United States. Christian Nation