The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-09-10
TO THE DEAD,
Memorial Of the Bar Association on
the Death Of Judge
Sawyer.
Review OF a judicial Life Covering
a Period OF Thirty
Years.
10 Refused to Accept the Kstirement TO
Which He Was Entitled by
Law.

A wreath of immortelles, with black and
white Grape, hung on a high backed. carved
bak chair In lths United States circuit
room Yesterday morning. Twice since the
organization Of the court had the late
Judge Lorenzo Sawyer occupied the seat.
Near by were n handsome boquet and a
photograph of the judge, taken a short
kimea ago in San Francisco for the Histor-
heal Society of Montana. Judge Hiram
knowles occupied the other chair upon the
bench. Hon. A. G. Botkin, chairman OF
the Montana Bar associations committee,
in presenting the memorial said: III the
court please, to the words of eulogy and
elony which have been submitted on behalf
lot the Bar association, l desire to add but
a single remark. The student of the his
tory of the law cannot find, and he need
mot desire a more interesting chapter than
that which records the evolutions of those
systems Of jurisprudence that are peculiar
to the western part of this CONT
nent, II was itself a marvel That
the vast throngs OF lneh
that rushed to the Pacific coast upon the
discovery of gold should have so speedily
reduced themselves to organized
ties, in which law sat empress, GROWING
good, REFRESHING ill;'' but the Anglo-Saxon
instinct OF law and order proved fully
equal to that task. A greater wonder was
to DO achieved. With no statutes to govern
and no precedents to guide, there was to DO
formed a code of law to meet conditions
wholly new and unique. What were the
rights of those who made discoveries OF the
precious metals upon the lands OF the
United States? How were miners and
farmers to have the use of the waters OF tho
streams flowing through the public do
main? Upon the answers to these two
questions depended the future OF this vast
seotion of the Union. Their solution called
for conservative action, practical sagacity,
ripe Judgment, thorough knowledge
of existing legal systems, and a clear
apprehension of the principles OF
equity. These qualities were found,
and the result was attained. Advantage
WAS taken of that elasticity, that delicate
adiustibility to new conditions which IL the
browning glory of the common law, and a
jurisprudence erected respecting mining
claims and water rights quite novel-al.
most s%tartling-in some of its features, but
efficient. symmetrical, harmonious and just.
The consequences are beyond estimate.
The stately building in which we meet, the
| proud city that surrounds us. are but atomic
parts Of the result.
In assigning the credit for this achieve
nent the first place must ba given to Hon.
Stephen j. Field, associate Justice OF the
supreme court, who from the bench OF Cail-
fornia aud from his present position CON
tributed his knowledge Of the needs OF this
people and of all the circumstances which
the courts were called UPON to meet, az
ruoh ar %ho pnvynra of hia mnSS1yA intellect
and the resources of his profound learning.
But second only to him In this great work.
and proceeding upon parallel lines was
the eminent iurist whose loss we mourn to-
day. l observe with interest mat before
his accession to the bench, Judge Sawyer
was OF counsel for the prevailing party IN
Eddy vs.. Simpson, reported in the Third
California, which ia one Of the first cases to
establish the validity of water rights. ac-
CURED by appropriation and diversion.
During his long term of service on the state
and Federal bench no had occasion to deal
with many of the most difficult complex.
ties of this subject and that OF IMMORAL
claims, and his opinions, with their strong
reasoning and lucid diction are of the high
est authority upon these classes OF ques-
tions.
For his services in establishing end for.
mulating the law and fixing upona just and
liberal basis the tenure of the property
upon which it's growth is mainly dependent,
the indebtedness of the New West to
Lorenzo Sawyer exceeds calculation. lie
has now gone beyond tho possibility OF
human ~requital; but it is fitting that the
bar of Montana should take this occasion
to signify their appreciation of the value OF
his judicial labors and their admiration OF
his public career and private character.
In reply Judge Knowles said: Gentlemen
of the bar association of Montana am
willing to place the memorial you have pre-
scented upon the death of Judge Sawyer, the
presiding judge Of this court, upon the min
utes the! cot. In his judicial life he appre-
oiated and centered by assiduous labors the
good will of his professional brethren at the
bar. Upon his last visit here he felt and sc
expressed himself to tho effect that his ju'
dicial labors were about ended. In review
ing his judicial life he maintained that he
had lone much to establish landed titles in
the state that claimed him as a citizen, and
assure those wbqpnad made their homes
thore immunity from disputes concerning
the Same. He also prided himself IN hav-
ing always been liberal in constituting min
ing laws, rules and regulations, and had
discouraged the attempt often made by the
covstous to deprive some poor prospeotol
of the fruits of his toll and the benefits OF
his discovery. Thus, in looking back upon
his life, he %recountsd and had pride in the
good he had done, rather than in his tri.
umph. Born to u heritage OF toll, ne was
in every walk of life a toiler.
There were but few men on the fedora
bench during his time who can show the
fruits Of greater labor in u judicial calling
He sought to be thorough and exact. liz
had a pride in his position and q love fol
his profession, and the progress Of the age
which in time winnows the chatf from thu
wheat, will crown him with the laurels Il
which he is justly entitled and award him
the praise he justly deserves. .
Tho memorial presented by the commit
tee, consisting of w. Il. Cullen, A. 9. Bot.
kin. G. B. Nolan, II. B. Smith, j. A. Walsh
Il. N. McIntire, Geo. It. Shelton, was or
dered to be spread upon the minutes, ant
court adjourned till 10 II. m. to-day.
The memorial reads: The Montana Ba1
association has assembled for the purpos'
of expressing its respect for the memory o
tho late Honorable Lorenzo Sawyer, Judg'
of the oircuit court Of the United States TO
the Ninth circuit, who departed this life q
his homo in San f. ancisco on the 7th inst
The deceased entered upon the practice o
law in the state of Ohio in the year l846 ant
subsequently pursued his profession TO
brief periods in Illinois and Wisconsin. Ii
1850 he removed to California where he CON
tinued to reside until his death. After at
tanning a high standing IN his profession
among the many brilliant lawyers whit
adorned the bar OF that state, In 1862 he wa
appointed to the bench of the district court
One year later he WAS chosen a member o
the supreme court of California TO
tho term OF six years. and durin
the last two years of his term h
presided over thai tribunal az chiet justice
In 1869 10 was appointed by President Gran