Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1847-07-29
Magistrates' Court.
TUESDAY, July 9th, 1917.

of the death Of the Hon. Jon DURFEE
Chief Justice Of the Supreme Court o.
this State, which occurred at Tiverton
Oh Monday morning after short illness.
1t had been suggested to him that il
would be proper that this Court, which
assembled so Immediately on the death OF
Judge Durfee, should manifest its re.
spect for that distinguished man, and he
concurred in that opinion. For more
than twelve years he had filled with great
ability the place of Chief Justice Of our
highest tribunal, and for two years pre-
ceding his appointment to that seat, he
had been one of the side judges Of the
same Court He had repeatedly repre-
sented his native town in the State Legis-
lature, and for two Congressional terms
was Representative of this State in the
Congress of the United States. Mr.. p.
said, that he knew better, as his success
sor, than our citizens generally, the high
standing Judge Durlee acquired a. Wash
ington. He was not frequent speaker
in the House of Representatives, but
whenever he spoke, it was with per,inen-
cy and effect and with the ability he, in
other places and at all times, manifested.
He was also an attentive business men,
Der, and devoted to the interests of his
constituents. | have not risen, said Mr..
P. to pronounce his eulogy, which will
be done hereafter by aber men on fitting
occasions, but merely to announce his
death and to move, as a mark Of respect
to his memory, that this Court now ad-
journ.
MIR. H.Y. Cranston, in sustaining the mo-
ton, pronounced short but well deserv-
ed eulogy upon the character of Judge
Duriee, expressive alike Of the sincerity
and strength of his own feelings on the
melancholy announcement made to the
Court, as well as his own just apprecia-
tion of the character and usefulness Of
the deceased and also ofthe magnitude
of the loss sustained by Rhode Island, in
the death Of one of her most distinguish
ed sons.
| am quite sure said Mr.. c., that eve-
ry member of this Court entcrtains, in
common with every member Of the Bar,
and the whole people of the State, the
highest respect for the character Of the
late Chief Justice Durfee still l am
fearful that the Court may feel some del
icacy, or entertain some doubts as to the
fitness or propriety of its following the
course adopted on similar occasions by
Courts holding a higher Judicial rank
han that which belongs to this tribunal
of limited jurisdiction. Permit me to
say that can see no just grounds for the
Court entertaining such doubts, or yield
ng to the influence Of such mistaken
,iews of delicacy. 1t is true that to this
Court the law has given limited juris-
liction.-But it is not less true that the
aw has, at the same time, invested your
Honors with highly important powers
Judgments pronounced here, and often
much of the business transactions of this
Court, are reviewed and confirmed by that
Court whose late Chief Justice now sleeps
with the honored dead. TO some extent
.hc lives, the char acters and the property
Of this community find protection and
security in the power and authority ex-
ercised by this Court.
trust, then, that your Honors will
readily grant the motion to ADJOURN
Allow me to add that it was my good for
tune to have enjoyed an intimate acquain-
lance with the Chief Justice, from his
earliest entrance upon public life. My
confidential intercourse with him during
that period of his life when he held a
seat in Congress, was such, that | could
not fail correctly to read the true charac-
ter Of the man. The conflicts and strug-
giles of political life never fail to de
veope, to friends at least, and quite Of
ten enough to enemies, the real charac-
ter of those who are directly and person.
ally interested in their results.
The Chief Justice was known to you
all. 1t is not necessary, therefore, that
| should say anything in commentator
Of the fidelity and ability with which he
discharged all his official duties. AS a
Judge, a Statesman and Scholar, he
had a reputation that lives and will con-
tinue to live throughout, and far beyond
the narrow limits of Rhode Island. His
h;obest nroise his richest and most on