The Portland daily press., 1892-03-28

Because although Justice is Represented
with sword, yet in the United States,
she has no sword, unless it is the broken
sword of mercy. The Judiciary OF Inc
United States connot call to its assls-
lance the aid of any citizen to enforce us
DEGREES, without the legislature and lhe
executive to assist it. Except Tor the
popular sentiment supporting the Judic-
iary, it could not even hold its tribunals,
nor adiudicate between parties, except
upon the sidewalks and in the streets;
and even there it might be compelled by
an active police force, If in Portland, 10
moveon. Although the Judiciary is maze
by the constitution an independent, anu
equal branch, with the legislative ana
executive, yet it is utterly helpless TO en-,
force its DEGREES except with the ald OF
the legislature and the executives; and It
cannot secure that aid except it has the
confidence of the people behind 1t.
Therefore it is that it becomes the judges
to so behave themselves as to secure and
maintain it. So long as they do what is
fit to be done by judges, just so long the
people of the country will support the
Judiciary and no longer.
At this point ] am reminded of dra-
matte incident which has not received
the attention it should have received
from the makers of history. l refer to
the time when under James the First
the twelve Judges of England were sum-
moned before the king, and
reprimanded by him and his
high officers of state for deciding case
involving the royal prerogative without
the consent of His Majesty. AT that
time the dark shadows of royal tyranny
were still hanging over England, and the
dawn of the morning light of liberty had
just begun to appear above the horizon.
| wish I had the pencil OF imagination TO
picture that scene as it ought to be. Inc
twelve judges, drawn from the middle
and lower classes, taught to believe that
the power of the king was held by oil
vine right and to cringe before nobility,
were summoned into that brilliant court
under circumstances suited to awe their
souls, and inquired of whether or not
they would again proceed as they had
without the royal consent; and whether
or not if there came from the king pro-
hibition they would comply with it. TO
the latter question the judges answered
yes yes! But there was one exception.
Lord Chief Justice Coke, the great free
dom-loving lawyer, the great common
law Judge Of England, failed to respond,
and being pressed by the king himself,
he replied, erect and undaunted, when
the event comes, / will do that which
shall be most fitting a judge
Whoever desires to do that which is
fitting q judge, can nowhere have his
hands better strengthened than by the
intelligent, order loving and right-mind-
ed residents in the clear atmosphere OF
this beautiful city of Portland so many
of whose citizens have been SO kind as
to receive me here tonight. [ApplauseI.
President Strout next called upon
Rev. DIR. Fem as representing higher
and nobler profession whose mission it
was to lead us all to higher and better
state of existence. Rev. DR.. Fem spoke
as follows:
DIR. Fenn's Speech.
Mr.. President, Mr.. Putnam, Gentlemen
and Citizens of Portland:
want to express in behalf of the
great profession which I represent here
tonight, something of what I conceive
to be the feeling of our city towards Mr..
Putnam. count it a great pleasure to
be present, and / count it greater
pleasure to be able to speak what [ have
no doubt is in the minds of most of you
if it does not get expression. l find a
great delight in beholding a man whom l
conceive to be outwardly and inwardly
fitted for Judge. There are such men
in the world as typically professional
men. You know the typical minister
and you ought by this time to know
something of typical judge man
whose physical and mental makeup,
whose moral nature, whose entire char
acter seem to point to him always as
representing the judicial spirit. l know
of nobody who more typically represents
what is in the minds of most of us as
qualities that 90 to make UP judge than
Judge Putnam. [Applause.] He has
the intellect, he has the physique, he has
the clearness of eye, and if there ever
was a man in this world made for work,
William L. Putnam was made for it. He
| is the most laborious man [ know of in
the city of Portland. [Applause.] do
not believe there is a man who labors
| with his hands that can compare with
the diligence, with the patience, with
| the persistency of this man in connec-
ton with daily work. I have some
| knowledge of the manner in which his
| work is done, the method, the careful
patience and the detail of it; and
| 1 know that he is a man of un-
questioned powers for work. 1 believe
| in such thing as temperament; tenn
permanent adapting man for his pro-
fession. There are great many men at
the bar who are exceedingly precipitate.
men who are nervous, men who are has
| ty and who for that reason often times
appear to lose the weight they ought to
have. But I am quite sure that in Mr..
Putnam, we have a man of exceeding
| great solidity. / think one of the best
| things have noticed in regard to him is
not to be found even in the working OF
his mind. If this man has succeeded
among you, have no hesitation in say
ing that he has succeeded by reason OF
his infinite fidelity. [Applause.] He
| has been faithful and honest to himself.
The man exacts of himself fidelity to
his work which is royal. I make no hes;
itation in saying that when a case comes
through his hands he has gone into the
detail of it and gone to the bottom of il
so far as he can; and having gone to the
bottom of it he has the confidence which
comes out of it. But there is something
better than this of which 1 have spoken
| The qualities that make success in this
world are not the qualities of genius
| The qualities that elicit favor are those
that inspire confidence, that make you