The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-30
TO REST AT HOME
Funeral of Justice Brewer at
Leavenworth.
Eminent Jurist Will Be Buried
in Kansas.
COURT PAIL BEARERS.
COURT PAIL BEARERS
Associates on Supreme Bench
VIII Accompany Body.
Incidents of His Career in Kan.
sas and Washington.


preme court of the United States,
whose death came SC Unexpectedly.
will be taken back to his old home in
| Leavenworth, Kansas, for burial. It
was the oft-expressed wish of the ia
nous jurist and finally it was decided
to carry out mis- desire
A short funeral service will be held
at the Brewer residence here Thurs
day afternoon at o'clock. Members
| of the supreme court will act as pail
bearers. At $40 p. m. the funeral
party. including practically the entire
court, headed by Chief Justice Fuller,
will start on the journey to Kansas.
The funeral train is scheduled to ar
| rive in Leavenworth at 1920 a. m.
Saturday. It is probable only one
member of the court will remain in
Washington. 1t will be his duty to
open court Monday when it must con-
vene under an order issued at the time
of adjournment for the Easter recess.
In the absence Of the legal quorum of
SIX ne VIII adjourn until the next day.
The funeral party will return from
Kansas Monday afternoon. Both the
senate and house adjourned out of re-
spect to the late justice.
The sudden death of Justice Brewer
| came as a great shock to the older
members of the bench Chief Justice
Fuller has been in close consultation
with Marshal Wright of the court, who
a
rangements. Justice Harlan, who diff
fered widely from Justice Brewer on
many questions, was probably the
closest personal friend the Kansas
Jurist had on the bench. He came to
the Office of the marshal early to in
quire about the funeral arrangements.
Justice Brown, who was forced to re-
tire from the bench a few years ago
on account of his eyes. made his way
to the capitol to ask about the funeral
Also Both he and Justice Harlan ex-
pressed the keenest sorrow and Justice
Brown paid a feeling tribute to his late
colleague.
"I had known Brewer since he was
II years DID, he said. I'VE were
classmates at Yale, but knew him
better on the bench. He was a man of
and there was no one on the bench
while I was there whose opinion was
valued more highly.
"After leaving college he went to
Kansas and I went to Michigan and for
twenty years we did not meet until
both of us took our places on the SUI
preme bench -
President Taft sent to Mrs. Brewer
his condolences and an expression of
the high esteem in which he held the
late justice.
Many are the incidents of Justice
Brewers life told. His fondness for
upholding the virtues of the people of
the west was illustrated by many of
these. One of the stories Justice Brew
er was fond of telling was used by him
to show high regard for the law in
Kansas.
Justice Brewer related that a Justice
of the peace owned a farm in Kansas
that bordered on Missouri. One day
the justice was sitting on a fence,
built directly on the state line. super
intending some work his son and a
farm hand were doing. The son and
his companion engaged in a dispute
which ended in fist fight. The Justice
D6ACP. Justice
plain, watched the encounter for few
minutes and then shouted in a loud
voice:
Gentlemen, in the name of the law
of the state of Kansas and by virtue
of my authority. I command you to
desist.''
Gust then the rail broke" continued
Justice Brewer. "and the justice land
ed in Missouri. Arising to his feet he
exclaimed:
"'Give him HI son; I have lost my
Jurisdiction"
Arthur brisbane editor of the Hearst
publications in New York, said that
Justice Brewer had the strangest face
TO be seen on the supreme bench.
He looks something like an actor.
His face is thin and he looks lean.
Some faces can be thin without looking
lean It is very long face-much long
er than any of his associates faces
and his nose is tile longest on the
Cg
almost sour look. But he really is not
sour. He looks something like Dante"
Two years ago Justice Brewer slipped
quietly into Kansas City and register
ed at the Hotel Baltimore. The clerk
looked at the signature, looked again
and called another clerk.
Easy" said he. cant you see? It's
David J.. Brown
And as such he was checked up. Not
until he had gone on to Leavenworth
was it discovered that a supreme court
justice had been among the hotels
guests.
The ''long. actorlike, clean shaver
face of Justice Brewer was not famil-
so well. For while Justice Brewer was
judge in Leavenworth he wore mus
tache and beard.
When the Brewer family landed at
New York on their return from Smyrna
they were greeted by Stephen J. Field,
Mrs. Brewers brother. who was then a
promising young attorney. David was
then less than year old and Field COM
rlimenIed the baby. Many years later
the uncle and nephew sat on the SUI
rreme bench together.
st did not care to be my uncle's
nephew" Justice Brewer once remark
ed, speaking of his early life. HE was
q great lawyer. I went west where |
whatever I gained would be all my
own. When left my fathers parting
gifts were an umbrella and a pair of
rubber shoes. We all got as far as
Kansas City together. 1 went to cross
one of the quagnires that they called
streets-and that was the last 1 saw
of one Of my rubber shoes. The UNI
-hrella and myself reached Leavenworth