The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-15
ASSOCIATE JUSTICE u,RI..N.

John Marshall Harlan, for nearly
thirty-four years an Associate Justice
Of the United States Supreme Court.
died yesterday at his home in WASH
ington after brief illness. He was
native of Kentucky and was seven
weight years old last June. During
the war Between the States he served
III the Federal Army as Colonel OF
the Tenth Kentucky Regiment. was AL
ways loyal" to the Union and fol-
io"ed the fortunes OF the Republican
party, although he was n Whig can
dldate for Congress in the Ashland
District fifty two years ago, and was
an Elector on the Bell and Everett
ticket in 1860 Twice defeated rs Re.
pooilcan candidate for Governor of
ms state and for the Republican nom
nation for Vice President, he was In
1877 appointed by President HAYES n
member of the Louisiana Commission
created by Congress ito inquire into
and so far as possible remove the OBJ
stacles to regular procedures under
tho laws and Constitution of the
State, so that single Legislature
might come to be recognized, and the
government be maintained with armed
resistance" This Commission was
the outcome of the act OF a Republican
returning board which changed a
Democratic majority OF 5000 in the
State into a Republican majority of
1000. and gave the state to the Re-
publican candidate for President.
Rutherford b. Hayes, by whom Mr..
Harlan was appointed Associate Jus-
tice OF the Supreme Court In 1877.
From that time almost to the very
day of his death, Justice Harlan dis
charged the duties ci his high Office
with great ability and generally with
the approval of his countrvmen a1-
though in number of the most i'm
portant OF the causes heard during
his service on the Bench he was not
IN agreement with the majority OF
the Court, notably In tho income tax
provision OF the Wilson tariff bill, and
in the more recent decisions OF the
Court in the Standard Oil and Amer
ican tobacco cases. The fact that he
was In the minority did not affect his
independence OF Judgment or make
him less certain of the strength OF his
Position. We have thought that he
was something of partisan: that his
views of public questions were ex-
IRENE and radical; that he encouraged
by his opinions popular distrust OF
well-ordered government; that his re-
cent deliverances from the Bench were
not in the highest and best sense ju-
dicial; but we have never doubted his
good intentions nor the loyalty OF his
service. even although It has been
charged that his appointment was
wholly political.
justice Harlan was a man Of strong
reliSious faith, being tower of
strength among the Presbyterians. He
never failed TO give on occasion
reason for the faith that was in him,
and died as lie lived in good favor,
with all his neighbors and with those
VINO knew him best. A man OF COM
handing presence. OF many charming
social qualities, learned in the law
after more than thrty-three years
devoted to its Interpretation and big
in his courage as he was in his body,
lie Iaid down his office with honor
Doubtless disappointed in his ambition
to fill tho office OF Chief Justice. so
far as we know, he accepted the de-
cision of the President IN this case
with dignity and died in the harness
with the memory of good name and
distinguished public service.