Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-11-10
DADDY KENNEBEC JoURNAL. WEDNESDAY, NOVEMBER To- 1897
Justice Fields Opinion.

Last spring two of the assistant JUS
dlces OF the supreme court were re-
quested by Chief Justice Fuller to
coach" Justice Field on a court decis-
ion in which the aged and infirm jurisr
was to take part, writes Wellman in
Chicago Times-Herald. They were not.
of course. to attempt to influence his
opinions, but We're to save him all the
work they could and give him the bene-
fit of their researches among the au-
thorities. The two justices called one
night at Mr.. Fields house. and found
the veteran in an unusually Iethareic
condition. He sat in a big arm chair
his head bowed down upon his breast
his eyes closed. 1t was with difficulty
that he recognized his callers and ex-
changed a few words with them. Then
his eyes closed again, and the two JUS
tees looked at one another as If to in
quire what should be done next.
Finally one of the visitors took from
his pocket some memoranda he had
prepared on the case in hand. 1t was
really the basis of his own conclusions
and contained statement of the points
involved, citations from decisions bear
lis upon tHCIli, anu ali SApOSltlOn the
philosophy of the law leading to the
conclusion. He asked permission to
read this to Justice Field, and taking
silence as consent proceeded to read
aloud. For some. minutes Justice
Fields head lay still upon his breast.
His eyes remained closed. No one in
the room could be sure that he under
stood a word that was uttered
But presently the old justice lifted
his head and opened his eyes, 1t seemed
that the legal phrases, the constitutions
al arguments. the statements of law so
familiar through all these years to his
mind had at last reused the sleeping
brain to activity. In another moment
or two Justice Field raised his right
hand warningly.
Read that again." he commanded
When the passage had been re-read
the veteran jurist exclaimed: That is
not right. That is not good law. You
err when you say so-and-so.'
And then Mr.. Field now thoroughly
reused. delivered an argument which
for depth, clearness and force aston
ished both his listeners. This done. he
relapsed into his former comatose con-
dition. When the two visitors gath
cred up the papers and left the room
Justice Field was still asleep He did
not know when they left.
The sequel of this little story is the
most interesting part of it. When the
two justices compared notes on their
way down town together they were
forced to admit that Justice Field was
right. He had assaulted their position
so successfully that they We're forced
to abandon it. And in this way, as a
matter of fact the aged jurist really
overturned a decision of the court, for
other justices who agreed with these
two We're also forced to change their
views when the arguments advanced
by Mr.. Field We're reported to them by
their colleagues.
To this day it is an open question
with the two justices who called on Mr.
Field that night whether or not the
veteran was fully conscious at the time
he delivered his argument. 1t seemed
to them that the legal phrases which
his ears heard and carried to his brain
simply reused his mind to Il sort of au-
tomato activity. Once set going that
mind operated with accuracy and un-
falling logic. apparently without effort.
At least nothing else, no other sort OF
mental stimulus. could at that mo-
ment have found response in conference
in his mind. He was oblivious to every
thing save his second nature. which
was the law and it's Interpretation.