The Portland daily press., 1888-03-24

the Senate are SLlll COfcItu ny tCil VI
executive session secrecy, yet it is well
known that Summers speech in opposition
to Waite was one of the great efforts OF his
life. He dwelt historically upon the eminent
services and attainments Of each In the long
line of incumbents of the Office OF Chief JUS
tice, and spoke in bitter terms of disparage-
ment of Waite's qualifications. Sixty-three
Senators were present and listened two
hours with absorbed attention to the Senator
from Massachusetts. No voice was raised
question Of confirmation came to vote, i'm
mediately upon the conclusion OF Summers
speech, sixty-two Senators voted in the
affirmative. Sumner did not vote at all.
How far astray Waite's opponents were in
their estimate Of his character and attain
ments, is strikingly displayed in the senti-
ments expressed by public men who have
known him.
Senator Vest
said: Il had very high opinion of Chief
Justice Waite. He was one of the best men
/ ever knew. A most excellent lawyer,
very just man, possessed of an eminently
judicial mind, he was peculiarly fitted for his
position. l knew him WELL and deeply de-
plore his DEATH"
Senator Evarts
said: 81 was greatly surprised and grieved
to learn the fatal result of the illness which
all his friends hoped would net prove serious
There is a universal agreement in personal
affection and respect for the Chief Justice,
and grief at his loss. His death must be
regarded by the Judiciary and profession OF
the country as great calamity.
Senator hawiey
said: "Fully sharing in the general sorrow,
the people of Connecticut have their own
reasons for an added grief. The families OF
the late Chief Justice and his wife are
among the oldest in the State. He was born
and educated there. His father was, for %
years, our Chief Justice, and both father
and son were jurists of sound learning and
spotless character. They had a strength,
moral qualities, which gave them the success
that so-called genius often fails to reach.
The Chief Justice usually spent his summer
vacations in the old ancestral town Of Lyme,
and always manifested friendly feeling and
kinship for the men and affairs Of the State.
His acquaintance with our citizens was re-
markably extensive, and our high respect
for his ability and eminence was supplement
ed by warm affection, based upon his attract
i've social and personal character"
Senator Edm unds,
chairman of the judiciary committee, warm
personal friend of the late Chief Justice,
said: my first acquaintance with Judge
Waite was when he was named as one of the
Geneva arbitrators, about 1912 and came to
Washington. He was then practicing law
yer of no national reputation, but fair
State reputation. As man Of solid strength,
of solid thought and not ornamental law
learning and of the highest personal honor
and reetitude of character that everybody
acknowledged, in the course of the proceed
ings of the Geneva tribunal, he had the first
opportunity to show his great capacity. for
affairs and his understanding OF the prlnci-
pies of international questions. From Pres
ident Grants acquaintance with him on that
occasion, he came to have for him the high
est respect and regard and so 1t was natural,
after his unfortunate effort to find suitable
Chief Justice, for the President TO think OF
to several Senators, and all, so lar as L |
know, of whom friendly inquiry was made, |
Immediately and gladly fell in with the sug |
gestion, though it might have seemed to
States somewhat hazardous experiment to |
select man for that great Office who had |
been so little acquainted with public affairs, |
and who was SO little known to the bar Of |
frmed. What took place in respect to that |
confirmation by the Senate, have no right |
to say. Soon after his appointment, Judge |
Waite took his seat as Chief Justice. have /
since. 1t being so near the Senate chamber. |
l have almost every day been in court, even |
when not called there professionally, so |
have had, perhaps, his good an opportunity as |
any lawyer or Senator could have to see his |
public bearing and conduct, and have known |
good deal of his relations with his associ-
ates, as we'll as with the bar. can say with |
entire candor that l don't think there ever |
was an instance, in any time or country, |
when the relations of presiding magistrate
with the bar or with his associates were more |
dignifed and harmonious. and, at the same
time, perfectly friendly and cordi.-l. lie
represented the dignity and public decorum |
that should exist iu such tribunals, and at
tesy, every generous discretion, that could be
exercised toward the bar and his associates |
as far as his sense of justice would permit
him to go.
of fundamental law and the application OF |
those principles to the affairs of men, will |
stand well with those Of the most eminent
judges. He looked at the substance Of |
considerations that didn't affect the ultimate
merits of the case. l think his candor was |
extraordinary. Whatever might be his pre-
vious impression, he did not allow COM
bativeness and intellect to lead him to main
tain opposition against sufficient reasons In |
the opposite direction, and was always glad |
to change his mind when 1t appeared to him
he had been occupying an untenable posi- |
tion. This, think, is one Of the greatest |
virtues that can be mentioned in respect OF
and private life he was one of the most |
gentle, cordial and approachable men ever |
met. His kindness of heart was so great |
that in the midst Of affairs and society here, |
stances of evil and impropriety, don't re-
member ever to have heard him make CEN
serious or unkind remarks TO any |
person in the world or to men
tion circumstances or employ
witticism against or at the expense of ano-
ther. feel more ready to say this so broad
ly for my personal and private intercourse
with him has been for the whole period OF
his life here of the most intimate, friendly
and confidential character. There is no word
of criticism that can be said against him.
There is everything to say for him in all re-
spects that make up just and upright judge
and an honorable, kindly, Christian Citizen
Senator Blackburn
and other Senators spoke most kindly and
appreciatively of the dead Chief Justice. In
these sentiments the members of the cabinet
fully concurred. Secretary Bayard said; Il
had the highest respect and a warm personal
regard for the late Chief Justice, who filled
his great Office with honor to himself and
great usefulness to the country; He had the
wise instincts of pure heart"
His Associates.
The associate justices are so deeply moved
NY JUo duuOuuOCiuCnt VI tnC uCdth Va shSiA
colleague that they asked to be excused from
making any statements in respect to the high
estimation in which they held him. Justice
Miller finally said: "Chief Justice Waite
was dearly loved by all the court. They had
the highest estimate of his ability and fitness
as presiding officer, and we are all warmly
devoted to him. He died in the midst of his
duty. One of the ablest opinions ever de-
livered was that rendered in the telephone
cases Monday. Immediately thereafter, he
went home aud went to bed, never to get
out of It,"
His College Career.
NEW YORK, March 23.-Morrison Waite
entered Yale in 1888, and graduated in 1887.
Among his classmates were Senator Eyarts,
Edwards Pierpont, Samuel j. Tilden, Benz.
Silliman, Chester S. Lyman and other men
afterwards famous. In college he took a
high stand, graduating among the "0ration"
men. He was president of the Brothers in
Unity Society, then fiourishing. and a mem
Der of the Skull and Bones during his senior
year. He was extremely popular and al
ways retained great interest in the college,
Il