Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-01-18
CONF EDERATE
VETERAN DREW
ISLAND s LAWS
Porto Rican Statutes Framed BY
Soldier Who Served on the
Supreme Bench,

WASHINGTON, Jan. 17.-The Su-
preme Court of Porto Rico lost a nil
lar of legal strength when Associate
Justice James Harvey McLearv died
while visiting his son, Lieutenant
Samuel H. McLeary, U. S. A.
Justice McLeary, who was about =,
return to Porto Rico, at the age of 60
years, led a busy life from his bo,.-
hood. He was born in Smith Comfy
Tennessee, in 1s45, and served
throughout the Civil War as a Con
federate soldier.
When the war ended he entered
Washington and Lee University, from
which he was graduated in 1868 win
the degree of B. A. The next wear he
received the degree Of II. B. Aftar
serving year as assistant professor
Of English at Washington College he
went to San Antonio. Texas. and thera
practiced law. He was Attorney Ger
eral of Texas from 1881 to 1859 ana
was Justice of the Supreme Corr
of Mantana from 1885 to 1888 diyid-
ing his time between Montana and
Texas.
When the Spanish American War
broke out i'll 1898 he offered his sery-
ices at Washington and was made 4
major and inspector general United
States Volunteers. He was with tho
American army of occupation which
entered Santiago, Cuba. and was an
pointed Alcalde, or Mayor, of that
city.
In 1901 he was appointed Assistant
Secretary Of Porto Rico, and on DC
tober OF the same year was an
pointed by President Roosevelt as an
Associate Justice of the Supreme
Court of the Island He had much ia
DO with the framing of the first laws
Tor the civil government of Porto Ri
co, the task requiring great legal acu-
men because of the necessity of the
adjustment of the old Spanish laws 10
the American ideas of a code.
Slated for Elevation.
Undoubtedly Justice McLeary would
have been made Chief Justice wears
ago but for the desire of the American
Administration to bestow that distln
gulshed honor upon some emnentlv
capable Porto Rican, such as Chief
Justice Quinones, Chief Justice Her
nandez and others who have held the
position. In length of service Justice
McLeary was the ranking Justice and
was the only remaining Justice of the
original court. He possessed to an
unusal degree the affection and conf
dence of the Porto Ricans, while he
IN turn loved the island and often said
he intended TO end his days there.
He was a thirty third degree Ma
son and was grand master of Masons
in Texas in 1881 He was instrumen
tai in founding San Juan Lodge OF
Masons in San Juan and also the
Elks' Lodge there. He was one Of
the founders of the Union Club Of San
Juan and was a member of the San
Antonio Club, the Porto Rican Athen-
cum and other bodies. He was also
member of the National Geographical
Society.
Justice McLeary's wife, who sur
wives him, and who was Miss Mary
King, of Auburn, n. Y, secured a di-
vorce from him on the ground Of
abandonment, the decree being grant
ed three days before his appointment
as a Justice. Five years later, through
the unceasing efforts of their young
son and daughter, the couple were
reconciled and surprised their many
friends in the United States and Porto
Rico by being remarked in Philadel-
phia, Pa, on July IL, 1906. by the Rev
Frederick J. Clark, assistant rector OF
Holy Trinity Protestant Episcopsl
Church. The happy children witness
ed the ceremony which reunited their
parents.
The separation had been deemed pc
culiarly sad, as the couples married
life had been happy until a slight mis-
understanding separated them.