The Washington herald., 1911-10-15

3
drew as a justice. up to within a few
;ears. was scarcely enough to meet the
expenses Of his living. He bought a
home in Columbia Heights. abutting on
Fourteenth street, shortly after he came
"a Washington. when real estate was less
valuable than now. and wheH that part
of the city was not well developed.
Enjoyed simple Life.
The street car line had not yet been
extended past his residence. He ac-
quired almost an entire square and built
thereon a modest dwelling and continued
to enjoy very ideal, simple home life
during the grst of his public service.
Justice Harlan was popular as a pub
lie speaker. He was a lecturer on con-
stitUtionai law at one Of the university
law schools for many years. AS an ex-
Tounder of the Constitution he held a
reputation in the law school and on
the bench. He was popular with his
students. He liked the society of young
men and welcomed the students to his
home evenings. where he was helpful to
them in their studies. For years Justice
Harlan has been spending his summers
in Canada.
He was a devoted member of the
Presbyterian church. had a notable Sun
day school class of men. took a very
keen interest in foreign missions, and
at one time considered seriously resign
ing from the Supreme bench to devote
the rest OF his life to advancing the in
terests Of the Presbyterian church, espe-
Cia!ly in the foreign mission field.
Associate Justice Marshall was very
much disappointed because President
Taft did not promote him to the Chief
Justiceship to succeed Mr. Fuller. Mr..
Harlan's friends asked President Taft
to promote the associate justice, but
the President told them plainly, but
with expressions of regret. that he
could not do so The reasons assigned
by the President did not in any way re-
feet on Justice Harlan. In the first
place. the Chief Justice has a large
amount of important administrative
work to do and a geat measure OF re-
sponsibility that does not fall on the
other members of the court.
Justice Harlan was thought 10 De
UNEQUAL to this task because of his age
and infirmities, and a cheertui dlsre-
gard for system and order, which was
particularly marked in recent years:
While il has been charged by men OF
progressive views that Mr.. Harlan was
put aside because of his well-Knowh
views as TO the construction or the
Sherman antitrust law and as 10 the
regulation of interstate commerce.
there
that this influenced the President In the
matter.
Offered to Retire.
In President Roosevelts administra-
ton Justice Harlan offered at one time
to retire from the Supreme bench and
permit President Roosevelt to name his
successor. If the President would agree
to appoint the Justices son, James 3
Harlan. then attorney general of Porto
Rico. as United States district judge for
the Northern district of Illinois, at Chi
cago. President Roosevelt was inclined
to make the appointment, but the llli-
nois Senators. Cullom and Lorimer, OBJ
jected. and later lanes 5. Harlan was
put upon the Interstate Commerce Com
mission.
The proposed agreement. which has
been much criticised by lawyers, was
exactly like the agreement by which
President Roosevelt appointed Francis
Baker, of Indiana. United States circuit
Judge, upon the promise of his father,
John H. Baker, that he would retire as
United States district judge.
The death of Justice Harlan will de-
volve upon President Taft the response
bility OF appointing another member OF
the Supreme Court. When this is ac-
complished, President Taft will have had
the unusual responsibility of naming five
members of the highest court. or ma
jority. Since he entered the White
House not quite three years ago. Presi-
dent Taft has appointed Associate Jus
tice Horace II. Lurton, Associate Justice
Charles Z. Hughes, Associate Justice
Willis Van Devanter, and Associate jus
tice Joseph r. Lamar. He also advanced
Associate Justice White TO be Chief JUS
tice. The President probably will not fill
the vacancy caused by the death Of As
sociate Justice Harlan until the Senate
meets in December. and the new Justice