Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-10-14

the signal distinction of going down to
posterity as a justice whose dissenting
opinions were more widely known than
those wherein he joined with the ma
jority of the court. Notable among these
were the opinions In the already c!eo
civil rights cases, the income tax, the in
sular cases and the Knight case, lnvolv-
ing the sugar trust.
Dissent in Decisions on Trusts.
Still more recently, at the last session
Of the Supreme Court in the spring OF the
present year, Justice Harlan added to his
fame as dissenter by his stand against
the majority of the court in the Standard
OIL and Tobacco Trust decisions. In the
Standard Oil case he took his associates
to task for writing unreasonable into
the Sherman law, and he characterized
the decision of the court as "a blow at
government He said: 1.-THE supreme
law of the land, which Is binding alike
upon all-upon Presidents, Congresses.
the courts and people-gives to Congress
and to Congress alone authority to reg
ulate Interstate commerce. and when
Congress fOrbidS any restraint OF SUCH
commerce, in any form, all must obey its
mandate.
ITO overreach the action of Congress
merely by judicial construction-that is,
by indirection-is blow at the integrity
Of our governmental system, and In the
end will prove most dangerous OF all.
The Supreme Court decision in the to-
bacco combine case, which May 20 fol-
lowed the Standard Oil case decision by
one week, also was handed down without
the assent Of Justice Harlan, who held
to the view which he expressed in the
Standard Oil case as to the undue re-
straint of trade.
For many years Justice Harlan filled
the chair of constitutional law in
Columbian. later George, WASHINGTON;
also in the department OF international
law. Justice Harlan gave an admirable
address in the city Of New York Febru-
airy 4. 1890. on the occasion Of the cen,
States Supreme Court
Bowdoin College. Center College and
Princeton University each conferred
upon him the degree of Ii. ID.
Prominent in Presbyterian Church.
Always a devout Christian, Justice
Harlan was one Of the most prominent
figures in the affairs of the Presby-
terrain Church in this country. He was
vice moderator of the General Assembly
of the Presbyterian Church in the
United States of America in 1905 Also
he vigorously espoused a movement in
behalf Of the Presbyterian Church Tor
the erection Of a national minister, or
cathedral, in the National Capital
Tribute From Roosevelt.
Probably no greater tribute ever was
given to the late jurist than that which
was expressed by former President
Roosevelt in an address before a distin-
guished assembly on occasion of the
celebration of the twenty-fifth anniver-
sary Of Justice Harlans elevation to the
onniUaTCQrv
bration was held December 10, 1902 and
President Roosevelt, who was the prin-
cipaI speaker, said this of Justice Har-
Ian:
preme Court man who dared venture
all for the great prize of death in battle
when the country called for him, and
then the man who. after the war was
closed did not content himself with liv-
ing an ignoble life on the plea that he
had done so well it was not necessary
to do more, but who continued to do his
duty as q citizen; the man who remem-
bered that duty done. to be OF practical
use. must serve not as an excuse for not
doing further duty. but as an incentive.
as a spur, to make him feel ashamed
that his present or his future should fan
short of his past.
Justice Harlan, greet you personally.
sir: wish to express my personal debt
ample, but / wish far more, speaking as
the representative of all our people. to
express the infinite sense Of obligation we
have to you for having shown by your
life what the type Of peerless American
citizenship should be-
Never before in the history of the Dis
trict, probably not in that of the whole
country. was there such a notable assem-
bly, as that which gathered to do homage
to Justice Harlan on this occasion Of his
twenty-fifth anniversary as member of
the Supreme Court Each year since that
time the passing of the date, December
TO- has seen other celebrations Of the an
niversary. though none has been on quite
SO elaborate q scale.
Justice Harlan's Family.
December q. 1866. the late Justice Har-
| Ian married Malvina F.. daughter OF
Iohn ahanklin of Evansville. Ind. and