The central record. (Lancaster, Ky.) 18??-current, 1911-10-20
JUDGE JOHN M. HARLAN.
Associate Justice OF The U. 5. Supreme
Court And Another One Of Ken
tucky's Illustrious Sons Pass.
es To The Great Beyond.

Judge John Marshall Harlan, Associ-
ate Justice of the Supreme Court of
the United States died at his home in
Washington on last Saturday morning
of bronchitis. Judge Harlan was at
his court on the previous Tuesday and
when he left for his home was complain
ing of a slight intestinal trouble and
cold, but made light of it. and his col
leagues expected soon to see him back
at his post.
He was appointed to the Supreme
Bench by President Hayes in 1877, he
then being A years of age, and has
served continually since, SO years, his
length of service only being exceeded
by Chief Justice John M. Harlan, for
whom he was named and by Justice
I Field.
John Marshall Harlan came of a dis
tinguished Southern family. He was
bornin Boyle county June l, 1888, of a
family of lawyers snd statesmen. He
graduated from Center College in 1850
and later from Pennsylvania. His first
Office was that of county Judge of
Franklin county. In 1859 William E.
Simmons by a margin of sixty-seven
votes, defeated the young Harlan, run
ming on a Wing platform for Congress
in the Ashland district.
When the Civil War broke out his
mother handed him the sword which
his father had used in the Mexican
War, and he drew it as Colonel of a
Union regiment serving until 1868
when he retired with the rank of
Brigadier General. That year he was
elected Attorney General of Kentucky,
which office he retired from in 1867 and
went to Louisville to practice law. In
1871 he was unanimously nominated for
Governor by the Republicans, was de-
feated, and in 1875 he ran again, this
time against James B. McCreary, who
was successful.
In 1876 Gen. Harlan headed Ken
tucky'f delegation to the Republican
National Convention, giving Hayes the
nomination by switching to him from
Bristow with all of Kentucky's votes.
He was later appointed member of
the famous Louisiana Commission.
which decided the presidency in favor
of Hays over Tilden. In 1877 the
/, grateful President appointed Gen. Har-
y lon tn tho Sr1Yrap,o hnrah xxyh1ah ha
quit Saturday for the grave.
Mr.. Harlan was married in 1856 to
Miss M. F. Shankli.n, daughter of John
I Shanklin, of Evansville, Ind, to which
union six children were born. He was
a member of the Presbyterian Church
and took an active part in all matters
connected with the work of this denom-
ination, having been vice moderator of
the General Assembly in 1905. Judge
Harlan was a man of commanding
figure and striking personality, with a
high order of administrative ability.
He was an attractive and forcible
i speaker, and as lawyer ranked with
the ablest in the country Justice Har-
Ian leaves three sons and two daugh-
tiers, James S. Harlan, a member OF
the Interstate Commerce Commission;
John M. Harlan, Jr., a prominent attor.
ney of Chicago, who at one time. was
candidate for Mayor of that city on the
Republican ticket; DIR. Richard C. Har-
Ian, Presbyterian minister at Wash
ington, D. c., and Misses Ruth and
Laura Harlan.
Judge Harlan during his long and
honorably career on the supreme bench
has rendered many notable decisions,
many of them being dissenting ones,
the last and probrbly the most famous
one, and the one which gained for him
the name of 1.-The great dissenter", be-
ing his opinion in the recent case of the
Government against the Standard Oil
Co. and which he rendered an opinion
dissenting from the opinion rendered
by his colleagues in the case, and in
which he took occasion to use the fol-
lowing words:-
1.-The court has read into the Sher.
man act words which are not to be
found there, and has thereby done that
which it adjudged in 1896 and 1893
could not be done without violating the
| Constitution.
1.-The courts have nothing to do with
the wisdom or policy of an act of Con-
gress.
ITO overreach the action of Congress
merely by judicial construction, is a
blow at the integrity of our govern
mental system"
1.-THE court has usurped the constitu-
tional functions of the legislative
branch of the Government.
Judge Harlaps remains were laid at
rest in beautiful Oak Hill cemetery in
Washington, the Rev. Wallace Radcliffe
of New York avenue Presbyterian
church, an old friend of Judge Harlan,
officiating.