The Portland daily press., 1877-04-12
ETHER sHEPLEY.
Memorial Proceedings in the Supreme
Court-ResoIutions Offered and ApprO-
pirate Remarks by Judge Howard and
Judge Barrows.

In the Supreme Court yesterday morning
the proceedings in reference to the death OF tn
late tex Chief Justice Shepley were very IN
teresting. The court room was crowded witt
members of the bar and others interested
President Bradbury, of the Cumberland Ba
Association, introduced the subject with ap
propriate remarks and was followed by Judg'
Howard, chairman of the committee on resolu
tions, who offered the following:
/ Resolued, That the Cumberland Bar have Learned
with regret the death of Ether Shepley, for man.
years an Associate Justice, and for seven year
Chief Justice Of the Supreme Court OF this sta state
rity and uprghtness of his character to his devou
love of TRUTH to his strict conscienousness in th
discharge ot his kduties his uniform courtesy ant
kindness and to his generous sympathy in all efforts
Tor the public good
ResotDed, That we look with an honorable pride
upon his long judicial career, its eminent ability its
spOtess purity, and its untiring industry. We are
grateful that he permitted to live long, and tc
90 so much tor the state and for the great OF
hearts with manly pride, and hold him up as a fit
example tor professional and Judicial emulation. He
more permanently in the recorded legal Judgment,
which have stamped his name indelibly upon oul
Judicial records.
After reading the resolutions Judge Howard
spoke as follows:
JUDGE HowARD's REMARKS.
Tie resolutions, which I have the honor to
submit, have reference to one, for whose
memory we cherish the highest respect and
admiration. We would gladly bring the
fading laurel upon his brow. He seems to
have a living presence here, where, as your
records show, many of his best intellectual
achievements were accomplished.
1t has been my good fortune to enjoy the
acquaintance of Judge Shepley, from 1916, and
intimacy. Then he was just fairly embarked
in the practice of law, and was vigorously
preparing for the high position, to which he
was aspiring, with auspicious hope and
generous ambition.
l was his Junior, by more than ten years,
but we'll recollect that wheL this State took
on her separation from Massachusetts, and
assumed her independence, he was going to
the front, among bis illustrious contemporaries,
Mellen, Nicholas Emery, John Holiness Long
fellow, Whitman, Orr, Fessenden, Daveis,
Greenleaf and PreDle, and other eminent
lawyers; and that he sooA became their peer
was then great fame to him.
AS a practitioner, he stood upon a high
plane, and was bold, skilfal and upright;
always regarding law as a practical science
founded in good morals, and to be construed
and applied on sound prncpes-hence be
abhorred all the arts and tricks in the practice
that demoralze and degrade lawyer, and
bring disgrace upon the profession.
The censures or cheers of the multitude
never diverted him from his immortal purpo-
ses, for he never courted applause, but whenev-
er he took stand there he had the will and
courage to brave, and the fortitude to endure;
but he had no poisoned arrows in his quiver
I have been asked whether he was an elo-
quent advocate When we heard him, and
witnessed with what skill, directness and pow.
er, he grasped his case, and, as by intuition,
took in the whole Of it, and carried conviction
to court and jury. when it was possible, and
with an artless but captivating manner
although without attempting impassioned dec
lam ation or brilliancy of rhetoric, it was truly
an intellectual refreshment, and we thought
him eloquent, yet his methods were his own,
and not prescribed by any rules, but his reason
ings were so cognent and clear that his cOncus-
ions seemed like coming events, to cast their
shadows before, and the results were, surely,
all that eloquence might claim.
He was most dilgent and accomplished
student; but he had no taste for indulgences
so fascinating, and usually esteemed so neces-
sary to the health of body and mind. He ap-
peared to need nothing of the kind.
UDremitting labor in his high vocation gave
him constant delight. In AL his ways he had
the inspiration of great faith, and the accom-
plishments that are born Of it, He loved the
law, conscientiously sought its distinctions and
gained them, with liberal rewards.
From 1914 to 1886, Judge Shepley practiced
in the state and Federal courts with upabated
zeal, and with continued success. 1t was there
that his large legal and moral attainments be-
came a recognized power, not easily matched or
resisted. He was a representative in the legis-
lature of Massachusetts 10 1919, member of
the convention to form our state constitution,
the same year, and the distinguished attorney
for the United States, for this district, from 1921
to 1888, but never was much inclined tofthe
workings of political life,
In 1886, after resigning his seat in the Senate
of the United States, which he had occupied
some three years, he accepted an appointment
to the bench of this court. This was an i'm
portant event in the history of our jurispru-
dence, as all were then assured that he would
become a good and great judge, upon whom
the ermine would never be soled. Up to this
time he had been prominent, decided and con-
when he assumed judicial life, be held all ac-
tive politics in allegiance, and even relinquished
his electoral franchise.
To young man, former student of his, and
who had requested a recommendation to the
Governor. for appointmenttto an Office, be re.
could do so. without violating rule which l
prescribed for myself, when entering upon
judicial situation, l should with great pleasure
give line, as you desire. But l have felt
obliged to abstain from the exercise of all
political rights, while acting in Judicial office.
1t will give me pleasure to bear testimony to
your moral worth and requirements anywhere"
The letter is dated October 20, 1881
This was his rule prescribed by himself, be-
cause of the supposed danger of diversion. and
confusion of rights and duties; and to it he
adhered consentiously through his long judicial
life; for SO it seemed good in his sight. The
mental powers of Judge Shepley were vigorous
and strong, and his intellectual vision very
clear. He saw, as with light ahead, the solu-
tionlof seemingly abstruse. problems, with broad
dtcfi NJ
others If he was sometimes apparently posi-
tive in his manner and opinions, it was because
he had great confidence in his own matured
reasonings and conclusions Strong minded,
he was also right minded. His will was sus-
tained by an energy that never tagged in the
accomplishment of his duties. Learned broad
ly in law and equity, as much in the spirit as
in the letter, he applied his great knowledge
with matehless skill and force to the work
before him; for he estimated largely the value
human rights and interests. His independence
and impartiality were always refreshing. Par
ties before his tribunal were but the representa-
tives of principles. There the Grecian and the
Scythian were alike to him, and there the
rights of contestants were never imperiled by
preference, prejudice or chance. His decisions
will stand the severest judicial tests, and it is
believed that time will but deepen the paths
bravely marked out by him in the advance
ment If jurisprudence.
Ino OnleI JuSIlce was never IOunQ
crusading for theories to combat or over
come. but be was content to solve questions
and settle principles as they arose in the
labors and duties OF his exalted position. This
he did with consummate ability, and with the
rare talent for continuous mental efforts, with
out exhaustion, and with exemption from the
usual anxietes and worry which beset us in
such methods. Yet his most extended and
critical researches he could suspend and resume
with great facility, and without disturbing the
thread and scope of his Investigations. He
gave the whole influence of his character, pub
lie apd private, to the support of sound prn-
ciples on all occasions. He had the honor,
courage and self-denial, with powers to main
tain and defend the right in the fear of God;
and herein lay his strength and glory, as we
estimate men, He endeavored to discharge
the debt which, according to Lord Bacon, every
man owes to his profession, and with success
that was never questionable.
Ne judge was ever more conscientious in
maintaining that the faithful observance and
administration of laws were essential to the
character and stability of government, and the
happiness of mankind. He had a genius for
knowing and doing with all his might. Heaven
endowed bim with this spirit, and bestowed