The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-06-21


upon their duties.
Upon them devolved the duty {
correctly Interpreting the various ali
contradicting laws that were in fore,
to bring order out of confusion, an
build up a system for the future regU
latlon of the courts of this state.
The task was a difficult one, but tn
Judges were equal to it in all respects
Hemphlll, LipScomb and Wheeler
names to be reverenced by the bar an
the people of Texas, and by every ad
mlrer of what is great and true in tn
lawyer and the man-brought to tn
performance of these arduous dutie
minds highly endowed by nature ant
improved by education. They wer
possessed of store of Well-digeSteC
legal learning, an unwearied indus
try, deep sense of the responsible
ties of theiC position, and of desir,
to do justice between man and man
always guiding principle in theil
decisions. These judges constructed
a fabric which has ever since been the
admiration of the bar and OF the
courts of our state, and they have left
but little for our successors to do in
this respect, but preserve that fabric
IN all its original symmetry.
OF that splendid trio no one con-
tributed more towards this end than
their presiding officer, the subject OF
these remarks. The product of his
laborS in the first twenty-one volumes
of our reports exhibits succession OF
faultlesS opinions, few of which have
ever been questioned by his success
SorS, in the reading of which one
scarcely knows which most to admire,
the force of the reasoning, or the
beautiful language in which it is
ing upon the analysis of the character
Of Judge Hemphill, so ably made by
his distinguished colleague.
L can but bear testimony to its cor
rectneSS from my own knowledge of
the man and his writings. Although
L knew him as the young lawyer
knows the ruler before whom he prac-
tices, my judgment of his abilities is
derived from a study of his opinions.
My knowledge that under the appear
ance of GOODNESS and austerity he car
rled an amiable heart comes from an
association which he was pleased to
encourage.
The student of nudge. 1fennbhilPs
oPiaaii orfs- cannot fTf1 to conclude that
in exploring the ocean of legal lore
his search was for two pearls to be
found in its depth-truth and justice;
truth in arriving at correct principles,
and Justice in applying them so as to
decide according to the merit of the
case before him.
To this end he discarded technicali-
ties, brushed the cobwebs with which
sophISm and forensic Ingenuity had
envelOped the cause, and based his
conclusions upon the great principles
of law and equity applicable to the
case.
His ability as judge was most
fully developed when he found him
self entitled to precedent or authority
for the questions under consideration
1t was then that his capacity for pro-
found and lucid reasoning was most
fully displayed, and from his own
luminous mind, light was shed upon
the subject Of discussion, witch made
the most Obstruse points seem clearly
elucidated to any mind.
The position of senator was ten
dered him without any solicitation
on his part. that we might, in the
halls of national legislation, profit by
the talent which had for a long pc
Rod of time reflected so much honor
upon our judicial bench.
The effect of his labor upon the jIris-
prudence of our state; the benefit
which the bar and the people have
reaped from the legal principles
which he planted, may in some meas
ure be seen and calculated. The eff
feet which the same labor may have
had upon himself, cannot well be
known. 1t has already been said that
the state of health induced by his in
cessant work in his office prompted
him to resign and &C ;ept another po-
sition, They may have largely con-
tributed toward hurrying him to an
early grave. He perhaps gave his
life for the Jurisprudence of his state,
if not so VIGOROUSLY or brilliantly. yet
as hOnorably as one who persisted
upon her battlefieldS.
Texas owes debt of gratitude to
the noble man who lead her armies
to victory when victory meant free
dom, and defeat enslayement, and
perhaps butchery. She should for
ever cherish within her heart of
hearts the memory of the soldiers
who fronted the storms of battle in
her behalf, whether waged by Mexi-
can or savage. She should erect
monuments to those who, under the
banner of the Lone STAR" rushed
into the place where the battle ragged
fiercest, at the peril of a grave OF
a dungeon. But she owes
much also to the men who
in civil life and on the judicial bench
in her earlier days sustained the cause
of justice and of right and helped tC
perpetuate the liberties her volun
teers had as nobly won.
They, too, should be held in CRATE
full remembrance. Their deeds though
less shining, should be cherished fol
the solid benefits derived from them
The boys, that crown their temple:
for victories achieved in peace NJ
less renowned than those of war, anC
the garlands that we lay upon thei
tombs, are as well earned and as love
ly as the laurels and pale flowers tina
seek the heroes bier
Or bind his brow"
1t is needless for me to say that tn,
reputation of Judge Hemphill as
jurist. where no stain and the breath
of SANDER never breathed upon it
The 9rmine worn by him was, on tn
day he resigned it to his successor, a
pure as when it was first GRACEFUL,
placed upon his shoulders,
This portrait will be hung on tn
walls of the court room, where is al
ready placed the likeness of his col
league Judge Lipscomb.
We hope that the day is not far dis
tant when portrait of Judg
Wheeler will complete the galaxy
With the likeness of these eminen
authors of our judicial system, eve
present and seemingly looking dow
and encouraging our labors, may W
emulate and be inspired by their exam
ating the system they so wisely ID
augurated. May we be blessed wit
some share OF the wisdom and Learn
ing they so abundantly possessed, an
discharge with some little of th
credit, to which they were entitled
the responsible duties to which W
have been called by the partiality c
our beloved state.
The court made the following ordel
The proceedings of to-day will be Ell
tered upon the minutes, and the coul
will now adjourn out of respect t
to the memory of the late chief ju:
tice
A Splendid Remedy for Lun
Diseases.
lak lor-