The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-04-08
THE HONORED DEAD.
Tributes to the Memory of
Chief Justice Waite.
IN THE SUPREME COURT.
The Bar Association Resolutions
Speeches by tho NJ embers-Chief
Justice Zane's Remarks.

afternoon, JUDGE Bennett arose ana aO-
dressed the Court as follows:
May it please the Court, at the re-
quest of committee of the Bar Asso-
citation, and members of the bar gener-
ally of this city, it becomes my duty
formally now, to announce 10 this court
the death of Hon. Morrison r. Waite,
late Chief Justice of the Supreme Court
of the United States. The Chief Justice
died on the 23d day of last month, as is
well known. 1t is due certainly to his
memory that notice of. his demise be
taken by this Court. For that purpose
l arise.
l have no extended speech to make,
but this will suggest itself to the mind
of every lawyer and each member of
this bench especially, that in the
career, official and otherwise,
of the late Chief Justice, we have an
admirable illustration of the possible
ties which our laws and system of
government furnish and provide for
every youth born under the stars and
stripes. As we all know, the late Chief
Justice sprang from lowly walks of
life. Of good stock, his heritage was
good principle and thorough Ameri.
canism. By dint of labor, extreme
often, always earnest, he rose to this
rank, Chief Justice of the greatest court
in this land-I believe the greatest
court in Christendom. 1t has, there
fore, seemed proper to the members of
the bar, and, have no doubt, will seem
proper TO the members of this Court,
that this notice ne taken of the
sad event of his demise. On be-
half of the bar, 1 now present to this
Court resolutions adopted by q
committee appointed by the Bar Asso-
citation, and ask that they be spread
upon the records of this Court, with
such order as this Court may choose to
make:
RESOLVED, That in the death of Hon
orable Morrison Il. Waite. late Chief
Justice OF the Supreme Court of the
United States, we recognize the loss to
our country of great and good man, q
worthy and brave-minded citizen, 8
learned wise and upright judge, a dig
nified and affable Chief Justice, and a
distinguished member of the legal pro-
fession. That from lowly life, by dint
of good ability, earnest industry and
thorough integrity, he worthily reached
and nobly maintained place in the
lllustrious line CT our great chief JUS
tees; and, departing life, record of
patriotic and professional work well
done, and an honored name as legacy
to his country and his kindred"
l move that the resolutions be spread
upon the journals OF this court.
Mr.. C. S. vARIAN
addressed the Court as follows:
May it please the Court, 1 had hoped
that some elder member of the bar
would have been present upon this oc-
casion to second the motion made by
my brother, Bennett. 1t seemed appro-
pirate and fitting. however, that l, in
my place as associate, should bear some
additional testimony upon the subject
upon which he has expressed himself.
Chief Justice Waite came to his high
and exalted place comparatively an I'M
known man. l say unknown in the
sense of one having national fame, for
1t is not true that within the borders of
the great State of Ohio he was unknown.
Always a lawyer, with none of the
characteristics of politician, his
proclivitles had not carried him into the
wider fields of political life outside of
his native State, thus to bring him a
reputation national in its character,
and it was only, believe, upon the &C.
casion of his being called by President
Grant, on behalf of the United States,
TO act in his capacity as a solicitor and
of ho Of
his merits became known to at least
even few of his fellow citizens. When
he was first called to fill the station of
Chief Justice, and after his confirmation
by the Senate, it seems that it fell upon
the profession and the country at large
as, you might say, one of the surprises
of history. How many evil prophecies
were made relative to the future
course of the Court and of
the Chief Justice, 1 am unable
to say. but am able to say that all Of
them have happily been unfulflled:
so that at his death he carried with him
into the grave the respect and venera-
ton of the profession, that love and
esteem which is ever dear to the law
yer's heart, above all others. He was
admired as man, as a citizen, father
and head of his household, and he was
reyered and esteemed as the head of
the great court which presides over the
judicial destinies of this nation.
In his judicial life he exemplifed in a
great degree, it seems to me, and 1 I'M
derstaud it is SO accorded to him by the
profession at large, all those character
lstics which go to make great
magistrate: Without, perhaps, the great
technical blackletter learning of fancy,
without perhaps all the great
ness that went into Marshall's
character, (for there is but one Mar
shail) or Mans6eld's character, flor
there is but one Mansfeld) still he had
Within him some of those character
istics which enabled Mansfield and
Marshal to puild up. and brighten, and
vivify and beautify the law of the
country. He had that faculty which
enabled him, as in a great degree
Mansfield and Marshall were enabled,
to measure justice, as distinguished
from simply weighing and counting
presidents. He measured justice in
that true sense, the application of the
law to ever changeable conditions of
society, realizing that its elasticity per-
mitted its adaptation, year by year, TO
the ever-changing conditions of society.
One of his greatest judgments, in that
sense, in my mind, was that delivered
by him. speaking fer the cOurt in what