Utah Enquirer | 1888-03-27 | Page 1 | Justice Waite of Supreme Court

OP SUPREME COURT unexpectedly DIES WASH INGTON he passes to his rest quietly and peacefully washington march 23 chief justice waite died at his residence in this city at clock this morning the chief justice was in his usual health though exhausted by his recent severe labors until saturday night when on returning from senator hearses He arsts where with his daughter he attended a reception he complained of a chill this off during the night but he remained in bed throughout sunday and until it was time for him to go to court on monday be waa suffering then from a vague indisposition he did not read the opinion in the telephone case but sat through its read ing and then returned to his home he was wakeful monday night and on tuesday morning symptoms of acute bronchitis appeared accompanied by insomnia and groat restlessness his condition tuesday was not alarming but on wednesday incipient pneumonia showed itself during thursday night he was comfortable and no particular alarm was felt but sat 6 this morning the failure of the hearts action was observed his daughter and his son were with him when he died Mrs Waito left washington for california about a week ago and is supposed now to be in los angeles arrangements for tho funeral have not as yet been anade the chief justice will be juried in toledo ohio the supreme court and both houses of congress have adjourned as a mark of reaped to the memory of the deceased chief and justice the attorney general and members of thabar tha bar waro present in the court room this morning when the supreme court assembled and the seats outside the rail were filled with spectators the chair of the chief justice was simply draped in crape but in no other respect did the ap bearance pe arance of the chamber give any indication di of the mournful nature of the occasion when the court and the assemblage were seated justice aguer in a low broken voice said it is my painful duty to announce to ahe bar of this court that its honored chief justice departed life this morning at this is not an occasion to make any observations on the subject which will be done in due time the court will adjourn until monday april second the president when informed of the death of chief justice waite was very much shocked although aware that mr waito had been in bad health for some ime quite an intimacy had sprung up between the two officials since the presidents term began and the latter has often been heard to express himself in terms of the highest praise odthe chief justices character and ability the president at once wrote letter to mrs waite expressing his deep sympathy for her in her sudden bereavement rea which he said was not only a personal loss to himself but a great loss to the public service p m official notice of the death of chief justice waite has just been issued by the department of state people of the united states the painful duty devolves upon the announce the death at an early hour this morning at bis residence in this city of Morrison B waite chief justice of the united states which exalted position he bad filled since march with honor to himself and high usefulness to his country in testimony of respect to the memory of the honored dead ife is ordered that the executive offices in washington be closed on the day of the funeral and be draped in ting for thirty days and that the national flag be displayed afe half mast on all buildings and on all national vessels on the day of the funeral by the president T F secretary of state D 0 march 23 1888 when the senate assembled the reading of the journal yas dispensed with and a communication from justuce miller announcing the death of chief justice waite was laid before the senate senator edmunds then arose and said MB PRESIDENT on the of january 1874 chief justice waite received his commission and took his seat as presiding officer of that great tribunal and for now more than fourteen years partially in times of great excitement and and struggles and through a career in that court and out of it embracing questions of the widest importance to human rights both of life liberty and property the chief justice has been a conspicuous figure in jurisprudence of this nation and perhaps gouess conspicuous in the respect of the jurisprudence of the whole world his career is ended for this life it has been touched in these fourteen years byris by no reproach by no faultier failing either official br mma 4 ed affectionate as a citizen and in of life he has filled his career with honor with greatA onor to himself and benefit country I 1 move thattie th atthe a com 0 five senators to take such t y gar f order as may bo expedient in respect to attending the funeral of the chief justice and to other matters concerning it magreed to I 1 now move that as a further mark of respect the senate do now adjourn till monday nest the senate adjourned president pro tern ingalls appointed senator asherman hoar wilson iowa pug and george as a committee to represent the senate at the funeral of the chief justice when the announcement of chief justice death was made in the house this morning that body in resolutions decided to adjourn at outi as a maik of respect and to funeral in a body the will also appoint a special to attend additional of the illness of chief justice waite aro obtained from dr caroline E window who has been the family physician for the last thirteen years the immediate cause of bis death the doctor said was nervous failure of action of the heart and it came with such startling suddenness as to be absolutely appalling thore was not the vaguest symptom of heart complications his sickness on saturday night the chief justice attend ahe authors reception given by senator and mrs aci nh but feeling slightly indisposed ho left their house early about half an hour after he arrived at home he wa taken with a chill and immediately n fired at 3 in the morning dr winslow was called and found tho chief justice suffering acute pain in alio back later on he felt better and rested quite comfortably at this time he said to his physician in a tone of inquiry that he must attend court on monday but was cautioned to take no chances he persisted that he felt quite well enough to rido to the capital and return on monday after ins return from the capital the physician called and found him complaining of soreness in his right lung asked to take a long breath said that the effort caused lum pain an examination showed thai part of his right lung two or moro luches in diameter was thia was accompanied by a slight cough he was extremely restless as ha had been from the first and his face was much flushed he was very wakeful during monday night while his illness was by no means regarded as critical his physician on tuesday suggested that his son be telegraphed for which was done the chief justices condition remained much the same during tuesday morning late in the day symptoms of acute bronchitis appeared and on wednesday symptoms of inonia made their appearance in nis affected lung there was no material change during tho day during the night of wednesday and on thursday ho was quite comfortable no one feeling any alarm though naturally anxious he was getting along well every one believed and when at 10 last evening his physician left him he responded to good night as cheerfully and m as strong a voice as he did m health the nurse who remained during the observed no change jn his con not even in the expression of his face 6 this morning when he turned over on his back and in ten was dead at the beginning of his illness chief justice waite fearing to needlessly alarm his wife who was on her way to california in company with an invalid sister cautioned those about him to keep his condition from the newspapers he was not alarmed himself and was unwilling that iris cifes should bo curtailed or interfered with by hiis slight indisposition the circumstances of judge waites appointment and confirmation are fresh in tho public mind and formed a striking episode of the time president grant had nominated successively ces attorney general williams and caleb gushing both of whom encountered much opposition and af ter a time their were with drawn and mr waite was nominated he had been an independent republican candidate for congress against one of mr warm personal friends and had incurred the enmity of mr sumner who at that time also entertained no friendly relations toward the grant administration tho proceedings of the senate though more than a dozen years have since elapsed are covered by the vail of executive secrecy yet it was well known that speech in opposition to mr waite was one of the strongest efforts of that remarkable mans life he dwelt historically upon the eminent services and attainments of each one in the long line of incumbents of the office of chief justice and spoke in bitter terms of the disparagement of mr waites qualifications ficat ions sixty three senators were present and listened for two hours with respectful attention to the senator jerom massachusetts no voice was raised in defense and when the question of confirmation came to a vote sixty two senators voted in the affirmative and sumner did not vote at all how far astray mr faitos opponents were in their estimate of his character and attainments is strikingly displayed in the sentiments ex pressed by public men who have known him among the members of the house tho expressions of regret were general there was a disinclination to say anything upon the subject of a successor to the late chief justice and the only expressions of opinion touching upon the matter came from a few southern members who suggested that speaker carlisle is eminently fitted for a position on thor supreme bench and that it would not be unacceptable to him breckenridge of kentucky said that he greatly death of chief justice waite whom he looked upon not only as a high and indus anous judge but an unusually wise I 1 and sensible ane who had secured and maintained ahe antiro confidence of the bar and the country la speaking of justice waites probable successor breckenridge said that without giving the subject any thought he would like to see the president appoint justice field to the chief itt recognition or his eer as i i 9 T f 1 0 A vices on the bench and mr carlisle as associate justice or if justice i fields ago was considered a bar to 1 his appointment ho would like to see carlisle appointed chief justice during the conversation brecken didgo said if the president would not go west of in making his appointment then his preference would be senator gray of delaware which he thought would be a most admirable appointment shortly after the adjournment of the house today to day the ohio delegation held a meeting in the room of the committee on banking and currency to take appropriate action on the death of chief justice waite there wa also present at the meeting hon S S cos of new york and judge jones of delaware an old friend of the chief justice both of whom made addresses on the sad event had brought them together A committee to prepare duif able resolutions commemorative of the chief justice was appointed the sudden death of the chief justice was a sad blow to the members of the court by all of whom he was regarded with a warmth of affection that has constantly increased with th eyears the justices were so deeply moved by the announcement of the death that they asked to be excused from making any statements with respect to the high estimation in which they held him it is the intention of members of the family to have the interment take place at toledo the old residence of the chief justice unless mrs waite should signify a different desire in case interment takes place there it is probable the remains will leave here on wednesday or thursday next for ohio the purpose being to have mrs waite meet the funeral train at toledo on her return from california los ANGELES california march 23 just before the news reached here this morning of the death of chief justice waite colonel G wiley wells with whom mrs waite came to los angeles from washington a few days ago sent dispatches to long beach and san diego at one of which mrs waite is supposed to be informing her that the latest news from the chief justice last night was to the effect that he had passed the most dangerous point and expressing confidence in his early recovery colonel wells was greatly surprised at the news of the death and immediately sent dispatches to mrs ate ohio march 23 the news of the death of chief justice waite caused a profound feeling of sorrow and regret throughout tho city governor foraker paid a tribute to his character and ability the su preme court and both houses of the legislature after adopting appropriate resolutions adjourned as a mark of respect morrison kenish waite was bom at lyme connecticut nov took the degree at yale in 1837 after his admission to the bar he removed to ohio where he practiced successfully in mauleo city and toledo he was a member of the state legislature in 1849 and one of the arbitrators of the geneva tribunal in 1872 he was president of the ohio constitutional convention in 1873 and in march 1874 was appointed by president grant chief justice of the united states he declined to serve as one of the electoral commission to decide the presidential controversy of 1876 washington march 24 A telegram has been received from mrs waite acquiescing in the suggestion that the funeral service chief justice be held in the hall of the house of representatives next wednesday and that the body be privately int ed at toledo the next day mrs Wai los angeles for the east at 10 last night the white house was draped in mourning today to day members of the bar will meet at 11 Monday to take action for attendance at the funeral of the chief justice and for a subsequent meeting in commemoration of his eminent character and public services at a later conference it was decided that the ceremonies in washington shall take place in the hall of the house of at 11 on wednesday bishop paret and doctors bodine leonard of the episcopal church officiating there will be no oration the judges of the supreme court including ex 1 judge strong will act as pall bearers the president and cabinet and both houses of congress and the bar of the supreme court will attend the funeral as a body and committee of the two eo caos will accompany the remains to toledo