The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1897-10-19

N"NV, NSep iebh,& HuN luN'Sih NS
si@on have pssasd, il ia n plsssar,
to realias that the oenclusiona nn
nounced Ivy this court have hssn so,
ceptsd, not simply ot Ncaecsalty a,
40 prescribed hy the Fundamental
law, but, in 'hc main, 90 ~ tham
sn(v"s both correct aad wise
"As va sll know, tn" period ot
tho war wM followed Ivy one, con
tmWlnE oven to tho present Nmo, ot
marvolnns material aavalopment.
Wealth acoumnl tod snch a. never DO
torr WAS dreamed " in Nis country.
Gigantic ent"rpusss wor" und"rtak
en and carried through. lnVontions
havn multiplied tho eonvenionceo OF
htr "a w"ll IA tho possibilities of
achirvomcnt lnaced, tho conditions
ot Ito have essentially ohauged from
those that prevailed prior to tho
war. Ont OF this changed socinl and
economic conditions have eprung
not merely an Immense multitude OF
casos, but liugation "a a character
vitality affecting tho future prooper
ity and safety OF thia oonntv. To
this court hnvo come for hnai solu
ton and decision many Of sheso
questions and cnses. BY the bless,
lnSs Of Almighty God, my hoalth
and ite have boon preserved and |
havo boon enabled to take part IN tho
consideration Of all those cases.
Few appreciate the magnitude OF
our lnhors. The burden resting
upon ne for the laat hfteen or twan.
ty years has boon enormoas. The
Volumes Of our reports show that
l alono havs written $40 opinions,
II TO those are added 81 opin,ons in
tho oircnit eourt and S02 prepared
whilo ! WAS on tho supreme court Of
California, it will 10 seen that have
voiced the decision in l,O42 eases.
GluRr or IRE raorLB.
III may 10 said that all our de-
cieions have not met with the uni.
versal approval Of tho American
people, yet it 10 to tho great glory
OF that people that always and
ovorywhere has been yielded q will.
ing obedience TO them. That fact
IL eloquent Of tho stability of ropu,
lar inHtitutions and demonstrators
that the people Of those United States
nre capable Of self government.
"As look baoE ovor tho more
than q third Of century that / have
sat on this bench, am moro ind
more Impressed with tho immeasur-
nblo Importance Of this court. 1t
carries neither tho purso nor tho
sword. But it possosses the power OF
declaring tho law, and in that is
found tho safeguard which keeps
tho whole mighty fabric OF govern
mont from rushing to destruction.
This negative powor, tho power of
resistance, is tho ouly safety of a
popular government, and it 10 an
additional assurance when tho power
is in suoh hands as yours.
"With this, give place to my
successor. But | oan mover cease to
linger on tho memories Of the
past,
Among the oompsnuations for all
tho hard work that a noat on thi.
bench imposes havo been the init
macieo and friendships that have
boon formed betweon ito members
Though wo have often difforod il
our opinions, it has always boon an
honost difference, which did no
nffoct orr mutual regard and respect
Those many years have indeed beel
years Of labor and Of toll, but tho,
havo brought thoir own rewnrd; ant
wo can all join in thanking to tn,
Author Of our bong that wo hav'
boon pormisted 10 spend 80 much 0
our lines In the service OF our conn
try"
rHn oouaT's REPLY,
which is sigued by oil tho aembors
expresaes deep regret at tho loss j
has sustained and pays o high tri
buto both 10 the character and ahil
ity Of Justice Field.
The president apparently has 40
yet decided upon the appointment
that Justice Field's retirement vii
occasion, save that Attorney Genera