The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-24

an bIemished, and his social qualities very
charming. His appointments was surprise TO
fhe country, but his services have abundantly
justified the selection"
Senator Edmunds, chairman Of the judiciary
COMMITTEES. and warm personal friend of the
late Chief -iustice. SAID: My first acquaintance
with Mr. Waite when he was named
of the Geneva arbtrators, about the year 1871 2.
He came on TO Washington a practicIng lawyer
OF no national reputation but of fair State
reputation as of solid strength; solid.
though not ornamental, law learning snd of the
highest personal honor and rectitude of charac-
ter that every body acknowledged. In the course
OF the proceedings Of the Geneva tribunal he
had his first opportunity to show his great
pacity for affairs and his understanding of the
principles of international questions From
President Grants acquaintance with him on
that occasion he came TO have for him the high
est respect and regard. and so il was natural
after his unfortunate efforts TO find suitable
of Mr.. Waite. The President suggested
bis name TO several Senator'S, and all,
friendly inquiry was made, Immediately and
gladly fell in with the suggestion, though 1t
might have seemed TO many OF the lawyers and
public men of the United States a hazardous ex-
pertinent to select man for the great Office who
had been so little acquainted with public affairs
aud who was little known TO the bar of the coun-
try He was nominated and confirmed by the SEN
ate. What took place in respect to his confrma-
ton by the Senate have right to say. Soon
after his appointment he took his seat as Chief
Justice of the Supreme Court. / have practiced
in that court from year to year ever since, and
IL being the Senate chambe / have al
most every day been in the court even when
not called there professionally. and ] have
had, perhaps, as good an opportunity as any
lawyer or Senator could have to his public
bearing and conduct and TO know a good deal of
his relations with his associates: we'll as with
the bar. can say with entire candor that
do not think there ever was an instance, In any
time or country, where the relations of . pre-
with H his associates were more disniasd
and harmonious, and at the same
time perfectly friendly and cordial. He repre-
scented the dignity. the public decoram, that
should exist in such tribunals, and at the same
time exercised every kindly courtesy and every
generous discretion that could be exercised
towards the bar aud bis associates so far as his
sense of justice would permit him to go. His
opinions, l think, broad questions of funda-
mental law and of the application of principles
to the affairs Of men, will stand well with those
of the most eminent Of judges. He looked at
the substance of things and had very little taste
for technical considerations that did not affect
the ultimate merit OF the cause. l think his
candor was extraordinary Whatever might be
his previous impression, he did not allow the
com bativeness of intellect to lead him to main-
tain opposition against sufficient reasons in the
opposite direction. In his personal and private
life he was one Of the most gentle, cordial and
approachable men ever met and his kindness
of heart great that in the midst of affairs
and society here, where he must have known SO
many instances of evil and improperly, do not
remember ever to have heard him make
censorious unkind remark to any person. or
cism against or at the expense of another.
feel the more ready to say this broadly, 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 il no word Of criticism that
be said against him, and there is everything
to say for him in all the respects that make up
the just and upright judge, the honorable, kind
ly and Christian citizen"
Senator Hoar said: ''Ch1ef-justice Waite did
not bring to the office reputation for profound
or intellectual
those of Marshall, fancy. or Ellsworth; but
1t is not too much to say that his discharge or
his duty in very difficult period of the history
of the court, and dealing with questions quite as
diff suit and profound, and very much greater IN
number and variety than they had to settle. has
been such as TO entitle him TO be remembered
with them as a worthy successor in the great
line of Chief justices. The office of Chief
justice is unquestionably the most difficult legal
Office in the world. Our courts are not limited
in their jurisdiction are the different English
courts. There is question of law, equity ad-
rniralty patents which may not come for it's
final settlement that tribunal. In addition
10 that is the vast field of constitu-
tIonal law. which is unknown elsewhere.
The Supreme Court of the United States has to
interpret and enforce the provisions of the
thirty-eight State constitutions when they come
in question in cases between citizens OF different
States, and has TO interpret and enforce the pro-
visions of the Constitution of the United States
and to keep the legislative powers OF the thirty
eight States and of the Nation within their APP
pointed bounds Chief justice Waite brought to
and impartiAIity consummate and unrivaled
good sense. which never failed to equal the
demands of every occasion. He was B man of
unsulled purity of life. of a kind heart, OF
unfailing &C nrtesy, and of admirable temper and
tact. DO not think President Cleveland can
find in the political party from which his selec-
tion will undoubtedly be made q lawyer who can
fill the place OF the Chief-justice in the public
regard or in the discharge Of the duties OF the
Office"
Senator Sherman. who had just arrived from
New York. when tonight. said: II heard
OF the death of Chiet-justice Waite in New York
this forenoon. and received it with profound
sorrow. I have known the Chief justice for
near forty years as a man of the highest charac-
ter, probity and honor, lawyer of great expert
and ability, and as citizen of the highest
rank in every relation of life l have nothing
more to say except that feel that the country
has lost great ChIef-justice whose place, /
fear, cannot ee easily filed"
Secretary BaYard said: 81 had the highest re-
spect and warm. personal regard for the late
Chief Justice, who filed his great Office with
honor to himself and great usefulness to the
country. He had the wise instincts of pure
heart"
Secretary Fairchild said: 'T was very much
surprised to hear of the death of Chief-Justic
Waite. as was not even aware that he was i'll
have had but little occasion to follow his opin-
ions closely, and therefore not in position
10 give opinion upon his legal ability. Our ac-
puaintance. while purely social, was exceeding
" pleasant, and I have very high regard for
him"
Secretary Erdicott said: 'I had the greatest
respect for Chief-justice Waite, both as alawyer
and as q man, and think he shared the general
confidence. His death is a great loss to the pro-
fession and to the country. / have known him
ever since he was appointed, and have seen
great deal of him during the last three or four
years He was a strong man and a most ex-
cellent judge. In social intercourse with him
always found him kind, interesting and agree
able
Secretary whitney said: 1.-THE death of the
Chief justice is q great shock and source of
great regret. His great quality, in. my judg-
ment. was his judicial temper and the evenness
and fairness of mind which natural to him.
I made his acquaintance many years ago. at
Toledo where he practiced law. Having an
important litigation there, visited the city nd
consulted him, and have never known q more
satisfactory to advise with. His death
will be great loss to the bench and TO the
sety of Washington"
Postmaster-gsn Dickinson said: This is
personal grief to me, il will be to all who
have had business before him, or who knew
BIN socially He was a kindly, able man and just
al. Ai....l Il