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3 Case & Com. 1 (1896-1897)

handle is hein.journals/cscmt3 and id is 1 raw text is: Case and Comment. NOTES OF RECENT IMPORTANT, INTERESTING DECISIONS. INDEX TO ANNOTATION OF THE LAWYERS' REPORTS, ANNOTATED. LEGAL NEWS NOTES AND FACETIHA. VOL. 3. JUNE, 1896. No. 1. CASE AND COMMENT. Monthly. Subscription, 50 cents per almum post- Paid. Tun LwYERS' Co-OPERAT1VE PUB. CO., Rochester, N. Y. (N'ew ,York. 177 a/oadway. Branch Offices : Chicsgo, iRand-3 CNally nidi. I BO$Ol 15 Tr,,nost sti'et. Entered at postoffice at Rochester, N.Y., as second-class mail matter. David Josiah Brewer. The selection of a judge already eminent among the judges of the country when mak- ing an appointment to the Supreme Court of the United States is sure to meet the approval of the nation. The judicial career of David J. Brewer, both in state courts and in the circuit court of the United States, had given him great prominence before he was appointed by Presi- dent Harrison December 18, 1889, to fill the vacancy on the bench of the Supreme Court created by the death of Mr. Justice Matthews. Judge Brewer's judicial career began soon after he engaged in the practice of law. He was elected judge of the probate and criminal ,courts of Leavenworth county, Kan., in 1862, having been appointed a United States com- missioner in the year previous. He was elected judge of the district court for the first judicial district of Kansas in 1861. During the short period in which he was subsequently off the bench, he served as county attorney in 1868, but in 1870 was elected a justice of the su- preme court of Kansas, was re-elected in 1576, and again in 1882. In March, 1884, he was appointed judge of the circuit court of the United States for the eighth circuit and con- tinued in that office nearly six years, until his appointment to the Supreme Court. Some of his opinions written while judge of the su- preme court of Kansas, and others while he was judge of the United States circuit court, attracted wide attention. Among these were the cases in which the Kansas prohibitory amendment to the Constitution and the legis- lation under it were sustained. In a very elab- orate opinion in the case of Chicago & N. W. R. Co. v. Dey, 35 Fed. Rep. 866, 1 L. R. A. 744, he upheld the power of the court to grant an injunction against the enforcement of a schedule of unremunerative rates fixed by railroad commissioners. Since he came upon the bench of the Supreme Court this doctrine has been reaffirmed in an opinion written by him in the case of Reagan v. Farmers' Loan & T. Co. 154 U. S. 362, 38 L. ed. 1014. Among the many other important cases in which he has written the opinion of the Supreme Court is that of Church of the Holy Trinity v. United States, 143 U. S. 457, 36 L. ed. 226, denying the application of the contract labor law to a rector of a church. Also Cleveland, C. C. & St. L. R. Co. v. Backus, 154 U. S. 439, 88 L. ed. 1041, sustaining a state tax upon that part of a railroad in the state according to a mileage basis in proportion to the value of the entire road, and Pittsburgh, C. C. & St. L. R. Co. v. Backus, 154 U. S. 421, 38 L. ed. 1031, sustain- ing the same mode of taxation in respect to the rolling stock of a railroad in the different counties through which the road runs. An- other case is Brennan v. Titusville, 153 U. S. 289, 85 L. ed. 719, denying the power of state authorities to impose a license tax on a can- vasser or solicitor of orders at retail for goods to be sent from another state. Among his strong dissenting opinions are those in Budd v. New York, 143 U. S. 517, 36 L. ed. 247. and Brass v. North Dakota, 153 U. S. 391, 388. ed. 757, in which the majority of the court sustained statutes regulating the charge for elevating and storing grain. Thepower of the Federal courts to restrain the obstruction of trains engaged in interstate commerce or carry- ing the mails was established by his convincing opinion in Re Dabs, 158 U. S. 504,89 L. ed. 10,2

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