The Green Bag Volume XXII
August, 191 0
Number 8
The Late Chief Justice Fuller T may turn out that Chief Justice Fuller's tenure of oflice is to be followed
by important developments
Court into the current of his own con victions, he could at least block what
seemed objectionable tendencies.
If
in constitutional law. ' The epoch closed
he could not complete the edifice, he
by his death may have been one of transi tion. The social and economic develop ments of late years certainly seem to be calling for a great constructive jurist
could supply foundations for his succes sor to build upon. For twenty-two
like Marshall or Mansfield,—one who,
he contributed this steadying influence,
as head of our most august tribunal, could work out, in a conservative spirit, that invulnerable doctrine of the scope of federal powers which the country seems to be anxiously awaiting. It is no longer conceivable that a judge of
worthily maintaining the continuity of the Court and the stability of the Constitution. When Chief Justice Fuller was called to the bench by Grover Cleveland he
Fuller's or Taney's leanings towards
state rights could come to dominate the Supreme Court. Herein may perhaps be found the explanation of Chief Justice Fuller having failed to impress his influence more effectively upon his colleagues.
But one thing he could do——at a time when the Court was unable to present a compact firing line to its adversaries in the battles around crucial points of constitutional interpretation, he could take up his stand boldly in defense of fundamental personal and property rights which amid the current zeal for growing centralization and regulation were in danger of being be littled, and his courage and conservatism
in this respect were frequently exhibited. If he was unable to sweep the whole
years, longer than any other member
of the court except Mr. Justice Harlan,
had built up a large and important practice in Illinois, being considered a
special authority on commercial and real estate law;
but others were ac
counted his superiors in the art of advocacy and in depth of learning. His powers of analysis and reasoning were respectable, but were not remarkable. Yet the modest Chief Justice proved himself fitted to direct the procedure of the Supreme Court with admirable skill and discretion, his administrative ability being conspicuous on all occasions and his labors well serving to maintain the dignified detachment and privacy of
the Court and to promote efficiency and expedition in its disposal of business. It is believed that not one of our Chief Justices was ever so loved by his associates and so honored by the American Bar as Melville W. Fuller.
