New-York tribune., 1911-01-06

cancy caused by the death OF Justice
Charles W. Dayton, died at his country
home here this afternoon from pneumonia
cold contracted on his way from Al
bany, after being sworn, brought on con-
gestion in the lungs. which did not take
serious form until Saturday, when double
pneumonia became marked.
While the patients condition was grave
for several Gavs, a fatal termination was
not feared until shortly before the end. lie
fell last night into delrious state. when
lasted until noon when a period of quiet
succeeded. II was then noticeable that he
was falling. and the end came two hours
later Mrs Whltnev and Miss Emily Whit
uey. OF New Haven. a sister, were at the
bedside at the time
tn funeral will be held Saturday after
noon at the house. the Rev. Edward c.
star. OF the First Church Of Christ. Con-
gregational which Justice Whitney at
tended. officiating. The burial will be In
the Whitney plot in the Cornwall Gene
terry
Edward Baldwin Whitney was a son OK
Professor william Dwight whitney. ana
was born IN New Haven in 1851 He was
the grandson on his mothers side Of a
Governor of Connecticut and the present
Governor Simeon L. Baldwin, Is an uncle.
lie was graduated from Yale IN lsTs and
after studying ST tho Columbia Law school
was admitted 70 the bar in this state in $50.
Mr.. whitney was an independent Demo-
crat lie was an organizer Of the Natona.
Association Of Democratic Clubs In ISIS and
IT'S secretary till 1880 He also held that of-
fee in the AnI-Snap organization In this
cltv. and went 10 the Chicago convention
In 1892 as an Auu-Suap delegate. lie was
First Assistant Attorney General of the
Tinted States under President Cleveland.
Governor Hughes IN a political speech in
IeS. said Mr.. Whitney deserved chief credit
for getting s0-cent gas. He was one OF the
chief opponents Of the Remsen gas bill He
took an active part in the fight for free
streetcar transfers in this city and argued
the case which put NJ. Cuuneen on the
Prohibition ticket and resulted In his cleo
ton TO the Attorney GeneraIsnip in 1872.
As one Of the counsel for the Interstate
Commerce Commission Mr. Whitney took
part in the investigation Of the relation be-
tween the railroads ard the coal and oil in
terests He was a fusion candidate for the
Supreme Court during the Hearsi-!vins-
Mcclellan contest, but was defeated.
on th. bench his efforts We're success
full. directed toward the prevention OF
tho laws delay These Efforts resulted IN
more than a dozen amendments and new
sections to the Code of civil Procedure
Which we're drafted by him lie also
brought about many reforms in practice In
the Surrogate's Court.
In 1897 Mr.. Whitney settled down 10
steady practice Of law in this city. keep
inc II VI uU his appointment By Governor
Hughes in November 1909 as Justice 20
MI the vacancy caused by the resignation
~ Henry a Gildersleeve. He ran for re-
election last November bus was defeated.
4 fow DAYS ago Governor White appointed
him IN the bench again, % succeed 9. ".
Dayton.
Justice Whitney vas = member ~ nu-
r,orous organizations including the Cen
TRY Association. University. Lawyers aud
yaIe clubs. and the Bar Association OF both
c,,y and state He was a member ~ the
c,scu-ive committee Of both bar associs-
,,o,s lie had been lecturer on lnterna-
,,,nal law in the New. York Law school.
Us married in 1896 Miss Josepha New
o,r,b daughter of simon Newcomb. the as
tr0nomsr. fi' I'D" i''' '''i' 'A"'
duughter
x,,. Haven. Jan. commenting on the
death of Justice Edward Z. Whitney at
! ,...-,,,.,Il this afternoon President Arthur
= uadley Of Yale University said: Ed
| ,-.rd T. whitney was A man Of distin-
c,,fsbad abilities and great public spirit
| IIc was also an intimate personal friend