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 The ‘Green Bag Volume XXII

Number 5

May, 1910

The Late Mr. Justice Brewer HE sudden death of Mr. Justice Brewer, in the height of his

great judge, but a born orator and

powers, coming at a time when the

himself to be hemmed in by the bounds

country was awaiting with eagerness the decision of the United States Supreme Court in the Standard Oil and Tobacco

of his profession, and as a lecturer and

writer occupied a quasi-public position quite outside the sphere of his judicial

cases, not only startled the nation, but

duties.

also brought about a somewhat grave situation, owing to the diﬁiculty of

thing clerical in his make-up, derived from a Bible-nurtured ancestry, and his utterances from the public platform often had a pulpit ﬂavor, and suggested,

selecting a ﬁt successor to one whose powerful,we1l-balanced intellect and mag

netic personal qualities undoubtedly did much to strengthen the position of the Court in the popular esteem. There can be no doubt in the minds of people who knew his keen sense of duty, and were aware that he might be called upon to write the opinions of the Court in those two cases, that his death was hastened by the labors that they en tailed.

Justice Brewer was one of those men whom nature casts in a large mould, and endows with such energy and adapta bility that they seem to be capable of achieving eminence in any one of several

callings, and to accomplish with little eﬁort what most men can gain only by

drudging application.

He deliberately

chose a judicial career, but at one time

he might have been picked out as likely to ﬁnd his way into the United States Senate or to rise to some other great

political oﬁice.

He was not only a

natural leader.

There

He refused to allow

was,

moreover,

some

at times, something of the zeal of the

missionary preacher.

or the austerity of

the

His interest in teaching, more

over, led to his accepting a lectureship in the Georgetown University school of law. He probably was as eloquent a man as ever sat on the bench. He was singularly felicitous in diction and straightforward in thinking. His ges tures were graceful and always helped to drive‘ in the point he was trying to make. He was indefatigable as a judge.

None worked harder than he.

It was

marvelous that he could accomplish so much. ' As a judge Justice Brewer was dis tinguished by his strong intellectual qualities, his quick perception, his ability for hard work, and his prompt dispatch of business. His ability was evidenced

by the approval of three Presidents. President Arthur had appointed him to the United States Circuit Court, Presi