Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1911-10-18

JUSTICE JOHN Nj. HARLAN DEAD.
Distinguished Jurist SuccuInbs 70
Acute Attack Of Bronchitis.

Washington, Oct. 14.-"Good-bye;
l am sorry l kept you all waiting so
long" With these words Associate
Justice John M. Harlan, OF the Su-
preme Court of the United States,
often acclaimed the greatest constitu-
tional authority of the day, once
conspicuous figure in national and
Kentucky Republican politics, and
long leader in Presbyterian coun-
ellis, passed away early to-day. He
had been Ill less than a week. He
was 78 years old last June.
The famous jurist will be buried
in the National Cemetery at Airing
ton or at Rock Creek Cemetery here
following service at the New York
Avenue Presbyterian church, of
which he was an active member. The
Supreme Court will adjourn as n
mark Of respect.
Justice Harlan had been Ill with
acute bronchitis less than week He
sat on the bench last Monday when
the court heard arguments on the
so-called anthracite coal trust case.
The following morning Chief Justice
White announced that Justice Harlan
was slightly i'll, and yesterday asked
attorneys to consider that Justice
Harlan was sitting in their cases, al
though not physically present.
Justice Harlan, however, was in a
much more serious condition than his
colleagues in the court realized.
Despite his advanced age, he was
robust and ordinarily enjoyed the
best Of health. He was rarely absent
from the bench, an attack Of innu-
enza few years ago being almost
the only illness from which he had
suffered for long period.
The sudden death Of Associate
Justice Brewer very much affected
Justice Harlan. Chief Justice Full
lers death in the summer of 1910
jurist.
Justice Harlan continued to per-
form his share of the work of the
court. His great ambition was to
serve until next June, when he would
have exceeded the service Of any
other man who ever sat on that
bench. AS 1t was, his service was
longer than that Of any other Justice
except Chief Justice Marshall and
Associate Justice Stephen j. Field.
Fields was the longest service
"a years, six months and ten days;
Marshal's "a years, 5 months and
five days; Harlan's 33 years, 10
months and 25 days.
His service did exceed that of JUS
tice Story, who was on the bench 33
years, months and % days.
These are the only justices who
have served for more than a genera
l,on.
1t was while on the bench Monday
that Justice Harlan first felt the at
tack of bronchitis. He asked then
for such simple remedies as were at
hand and remained on the bench, but
by Tuesday considerable fever was
manifest. On Wednesday he was
markedly weaker and his condition
derstood at the Supreme Court that
his condition was at all alarming.
Yesterday he seemed little bet
ter His son, John NJ. Harlan, Of
Shicago, a lawyer. was summoned
here. however, and another son, DR..
Richard G. Harlan, travelling in Eu-
rope, was notified.
Last night he grew worse, and
death came at 8.13 o'clock this
morning. Justice Harlan left n
widow and five children.
The career Of Justice Harlan was
unique in the development of an or
binary country politician into one
of the greatest legal intellects of the
day. He was often acclaimed the
greatest constitutional authority OF
his day. 1t was the late Justice
Brewer who said of him: 81 believe
he retires at night with one hand on
the constitution and the other on the
Bible, safe and happy in a perfect
faith in justice and righteousness"
Justice Harlan had the signal dis
tinction Of going down to posterity
as justice whose dissenting opin-
ions were more widely known than
those in which he Joined with the
majority Of the court.
With the death Of Justice Harlan
the opportunity is given President
Taft to select during his single term
of Office five members Of the Supreme
Court bench, or a majority. Such a
duty has fallen to no President since
Washington formed the court in
1890. In addition President Taft
has named the Chief Justice Of tho
tribunal
TAFT'S SPECIAL WAS NIENACED.