The San Francisco call., 1896-03-11

The man who carried the challenge was Brod-
erick, afterward killed by Terry in duel, but
not until he had saved the life of Field in a
San Francisco hotel A foreigner with some
grievance suddenly threw back his cloak and
raised pistol to shoot Field. Broderick
threw himself between them and pushed Field
through the door and into the street.
1t is stranger than fiction that the life of
Field has been so intertwined with the lives of
men who met violent deaths and that he has
come through to this peaceful old age without
scratch. A charmed life he has certainly
led. In 1857 he was elected Justice of the
Supreme Court of California. Two years later
came the resignation of Terry as Chief Justice
because of the duel in which he killed Senator
Broderick. Field succeeded Terry as Chief
Justice OF the State court, and from that posi-
ton he was taken by President Bincoln's ap-
pointment to the bench of the United States
Supreme Court Only few years ago the
paths of Field and Terry crossed again, and
Terry was killed by United States Deputy
Marshal, who had been detailed as body
guard to protect the Justice from apprehended
assault by his old enemy.
Mr.. Justice Field has been no deadhead on
the bench. With his long service is identified
some famous legislation. He gave the casting
vote in the famous test-oath case soon after
the war. He wrote the opinion of the court
which annulled the "ironclad" oath. His dis
senting opinions in the coafiscation eases, in
the legal-tender test and in the New Orleans
slaughter-house litigation are classics in
American law literature. OF the fifteen dis
unguished men who formed the Electoral
over Tilden by vote of 8 TO z, nineteen years
ago, only two are in active Jife to-day. One is
Senator Hoar of Massachusetts,. the other is
Chief Justice Field. It is hardly necessary to
say that the latter was one of the seven. In
the next Presidential campaign Mr.. Justice
Field was put forward as candidate for the
Presidency. AL the next National Democratic
convention in Cincinnati in 1880 he received
65 votes on the first ballot.
And now when it might be supposed that
the mind would lag the steps do Justice
Field is one of the most active participants in
the proceedings of the court. No one of the
nine follows the arguments with closer atten-
zion. No one asks more questions. No one
carries to his home and brings back to the
consultation-room bigger bundle OF briefs,::as
the faithful messenger who accompanies JUS
tice Field at all times can testify. In the court
circle there is just now current a rumor that
the memory of Justice Field occasionally fails
him. The story which illustrates this is that
recently lawyer in arguing a case read from
various authorities and in the midst of one
citation was interrupted by Justice Field with
the remark that what he had Just read was
nonsense from the legal point OF view. In
quiry showed that the authority SO sweepingly
condemned was nothing less than an opinion
OF the Supreme Court OF the United States
which Mr.. Field had himself rendered quar-.
ter of a century or so ago. The story may be
true or it may be one of those jokes which GER
tain waggish members of the court like to set
in circulation, even at their own expense.