Page:The Green Bag (1889–1914), Volume 25.pdf/434

 A Letter Endorsing Melville W. Fuller "What do you mean?" inquired the owner of the boat. "The Constitution of the United States says," replied the future statesman, "that excessive bail shall not be required." — Youth's Companion.

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"Yonder is a lawyer who got very wealthy as an inventor." "And what did he invent?" "An heirship." "Is it possible? One that would really go?" "It went." — Plain Dealer.

The Editor will be glad to receive for this department anything likely to entertain the readers of the Green Bag in the way of legal antiquities, facetia, and anecdotes.

A Letter Endorsing Melville W. Fuller for Chief Justice Contributed by Duane Mowry ' | 'HE copy of the letter which follows is a copy of a typewritten letter, marked "copy" and signed in pencil by Ex-Senator James Rood Doolittle of Wisconsin as "J. R. Doolittle." It is beyond question a copy of an original which was sent to President Cleve land at or about the time indicated by its date. Chief Justice Fuller was appointed in that year, 1888. The "copy" is in the possession of the con tributor and is typewritten on the letter heads of Doolittle & McKey, lawyers in the Royal Insurance Building, Chicago, which firm was then composed of J. R. Doolittle, J. R. Doolittle, Jr., and Henry McKey. The letter is, of course, the opinion of a per sonal and professional friend of Mr. Fuller. But it is more than that. It is the' intelligent and patriotic judgment of one good citizen to another, based upon observation, acquaintance and contact. It is the splendid endorsement of the pre-eminent fitness of Mr. Fuller for this high judicial honor by one who knew him intimately and well. And it gives ample and cogent reasons for his confidence in his judicial fitness. The letter does credit alike to the author of it and to its subject. The reference to the conditions in the South brought about by the war between the states, and the mention of the then recent appointment of the Hon. Lucius Q. C. Lamar to a place on the Supreme bench, was both timely and proper. Judge Doolittle did not too strongly emphasize the possible danger in appointing a Calhoun Democrat. The reference to other possible candidates for the position is accomplished in a most happy

manner and entirely free from a disparaging spirit. This is the right attitude. The letter is so fair, so unselfish, so just, so complimentary, that the contributor believes it should have the permanent light of day. And in This spirit it is submitted. To the President: —

Chicago, April 24th, 1888.

Dear Sir: In discharging the great duty of nominating a Chief Justice at this time, I can well understand the earnest desire which must press upon you, to do the very best thing possible. Among the names mentioned more frequently than any others, are those of Mr. Phelps of Vermont, Mr. Gray of Delaware, and Mr. Fuller of Illinois. My opinion is very decidedly in favor of the nomination of Mr. Fuller. As a lawyer and jurist, he is fully equal to either of those gentle men; while, in my opinion, his experience and practice have given him a very decided famili arity with that large class of cases which go to the Supreme Court from such states as Illinois. You personally know the confidence which I place in him, from the highest testimony which any man can give. When I called upon you with him in Washington, I had associated him as leading counsel with my son in a case of our own, involving a large sum of money, and we were in Washington to attend the argument of the case before the Supreme Court. It is no disparagement either to Mr. Phelps or to Mr. Gray to say that he is at least their equal as a lawyer and jurist. There are other potent reasons for his appoint