The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-10-07
FRIGHTENED LAWYERS.
RECOLLECTIONs OF THE LATE JUS
TICE SAMUEL F. MILLER.

Into Pitiable state of Funk, and
How Another Young Lawyer Re-
fused to Be Disconnected.
Prom the Nero York Sun.
The late Samuel F. Miller, associate
Justice Of the supreme court Of the United
States, was not only q great lawyer, but a
man of striking personal characteristics,
not to say oddities. To those who did not
know the real kindliness and goodness of
heart that lay behind his gruff judicial
demeanor, his abrupt and apparently
tyrannical behavior to the members Of the
bar made him almost obnoxious He was
the terror of the younger members, and IN
deed Of many of the older and more sea-
soned ones, when be came upon the circuit
Physical inirmitY and perhaps sense OF
personal merit passed over and not duly re-
warded undoubtedly tended to sharpen the
angles of a disposition always inclined 70
be self-sufficient and imperious.
In the free-and-easy atmosphere OF the
circuit court room-his circuit was a
western one-he occasionally gave vent 70
startling interiections. He was once hold
ing court during the dog days in st. Louis
and was hearing a dry, prosy legal argu-
ment in an equity suit. No one was In the
court room except the Judge, the lawyers
engaged in the case, and the court at
tendants, who were dOziog and sweating IN
their corners. The judges collar and
cravat were loosened his linen buster was
flung wide open, and 10 was vigorously
working a palm-ieaf tan, shifting uneaslly
in his seat, and glazing lmpatlent!y at the
LAWYER Unable to restrain himself longer,
the iudge glanced furtively round the court
room and, believing everybody to be
esleep except himself and the man who was
teIktag him to DEATH he leaned over upon
his desk and fairly hurled at the lawyer the
remark, g. 1t, Brown, come to the
point"
point, your honor"
Il don't know any point; some point"
Poor Brown quit in confusion. He
thought he had already made a number of
good points, and ne despaired Of making
ANYTHING out Of those he had left
There was, few years ago, at Des
MONIES, Ia, a lawyer, not long admitted to
practice, who had never appeared in o case
before Judge Miller, nor had he seen him on
toe bench. The young man was highly es-
teemed by all who knew him and was of an
extremely nervous, tinid disposition. He
mentioned to some of . his acquaintance
that he was going to make an argument in
a case which was coming on at the
approaching term of the United
States circuit court. They reminded
him that Justice Miller would be the presid-
ing Judge and rendered him their condo-
lences upon the ordeal which awaited him,
renearsing, III a spirit of deviltry all sorts
of apocryphal stories illustrating the
Judges tyranny and bearishness. They
hoped he would be able to get through with
his argument, and promised to be on hand
to see the fun, aud they left him in a state
Of mind usually described in that country
as "blue funk When the time came for
the poor fellow to make his argument he
was in a condition bordering on collapse.
He started in, no wever, with an sssump-
ton of confidence sadly belied by the beads
of sweat on his forehead and the con-
vusiTe clutch In which ne held bis handker
chief. Sure enough, he had not proceeded far
before the court hurled a contemptuous crit
icism at him, when down went the orator in
a heap on the floor. He had tainted. He was
taken home, and | don't know what become
of his case. But in some way the truth
about the matter came to Judge Miller's
ears before the term adjourned, and he was
greatly incensed. He sent for the young
lawyer, and although it is only TO be sur
missed what took place at the interview, 1t
is certain that Judge Miller had thereafter
no greater admirer, no more enthusiastic
champion, than the man who tainted IN
court from sheer terror of him.
was present in Justice Miller's court
room upon another occasion, however,
when be met with new acquaintance at
the bar who refused Co be daunted or dis
concerted. 1t was at Keokuk, when the
Iowa prohibitory liquor law was being
fiercey resisted in the courts. Itseems that
the question of the constitutionsliJy Of the
clause authorizing the sheriff to seize and
sell saloon fixtures aud furniture had been
raised in proceedings before Brewer, the
circuit judge, and Love and Shlras, the dis
triCt Judges, and they had all declined TO
decide it, preterring to leave it until Justice
Miller should be out upon the circuit. AC
Cordlnglv, when be arrived at Keokuk, the
matter was set down to be specially heard
before Justice Miller. and Judge Love occu-
pied the bench with him.
One morning, soon after court convened,
the case was called. The lawyer who was
to present it was not in the court room, but
some one said he was in the corridor, and
the marshal aud the district attorney went
to fetch him. l learned afterward that it
was expected there would be good deal of
fun at his expense, as he had never faced
Justice Miller and little knew what was in
store for him when he undertook to pre-
sent constitutional question to the great
est living constitutional lawyer; and JUS
tice Miller was said to be annoyed at the
persistency with the liquor interests sought
to ignore the state and insist upon the pro-
lection of the federal courts.
knowing all this, / felt some sympathy
for the lawyer who was to argue the ques-
ton, which was increased when ne entered
the court room by reason of his youthful
appearance He commenced his address,
however, with GOODNESS and clearness and
with sort of suppressed vehemence of con-
viction that showed he had his subject we'll
In hand. Justice Miller sat in a revolving
chair, partly turned away from the speaker.
In the middle of a sentence he suddenly
turned and said:
Why don't you take this question to the
supreme court of Iowa~
The reply scame in a moment: ut is
federal question. is it notm
Undoubtedly, but -"
Then this court has jurisdiction, aud
have right to come here. OF what use is
the choice Of jurisdictions if l may not
make the choice? l prefer the judgment of
me federal court, when it consists Of Judges
Miller and Love. to the Judgment of the
supreme court of Iowa upon this or any
Other question:
But you might let the supreme court of
iowa construe the statute, they might con-
stFue it your way. If they didn't you could
Iuen come into this court"
The judges of that court we're elected
not to construe the statute, but to enforce
II. aud they have declared their intention
70 60 so. l will not waste my time before