The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-10-15

litical social and economic conditions
questions of far-reachine import were de-
veoped-questions of personal liberty, of
constitutional right, which, after ofttimes
heated argument before the people and in
tne nails or congress, came TO Us for de-
cIsion. do not exaggerate when / say that
no more difficult and momentous questions
We're ever presented to this or any other
court I look back with pride and joy to
the fact that I was permitted to take part
in the consideration of all these important
questions and that not infrequently / was
called on to express the Judgment of this
court thereon. And now that those times
of angry debate, deep feeling and judicial
decision have passed, 1T is pleasant to real
ize that the conclusions announced by this
court have been accepted, not simply of
necessity because prescribed by the funda-
mental law, but in the main as in them
selves both correct and wise.
AS we all know, the period or the war
was followed by one continuing, even 10 the
present time, of marvellous material deVel-
opment. Wealth accumulated such as never
before was dreamed of in this country.
Gigantic enterprises were undertaken ana
carried through. Inventions nave multiplied
the conveniences of life as Well as the pos
SibflitteS of achievement. Indeed, tne con-
dtions of life have essentially changed from
those that prevailed prior to the war. Out
Of this changed social and economic condl-
tion have sprung not merely an immense
multitude of cases, but litigation OF cnar-
acter vitality affecting the future prosperity
and safety of this country. TO thls court
have come for final solution and decision
many of these questions and cases. by ths
blessings of Almighty God my health ana
life have been preserved, and | nave peen
enabled to take part in the CONSIDERATION oA
all these cases.
A GREAT WORK.
Few appreciate the magnitude of our
labors. The burden resting upon us for the
last fifteen or twenty years has been enor-
nous. The volumes of our reports show
that I alone have written $40 opinions. If
to these are added ffty-seven opinions in
the Circuit Court and 365 prepared while
was on the Supreme Court of California, it
will be seen that have voiced the decision
in 1,042 cases.
ut may be said that all of our decisions
have not met with the universal approval
of the American people, yet it is to the
great glory of that people that always and
everywhere has been yielded a willing obe-
dience to them. That fact is eloquent of the
stability of popular institutions and demon
strates that the people of these United
States are capable of self-government.
"AS / look back over the more than &
third of a century that / have sat on this
bench | am more and more impressed with
the immeaSurable Importance of this court
Now and then we hear it spoken of as an
aristocratic feature of a republican govern
ment. But it is the most democratic of all.
Senators represent their States and repre-
sentatives their constituents, but this court
stands for the whole country, and as such
it is truly of the people, by the people and
legislate. 1t cannot appropriate a dollar of
money. 1t carries neither the purse nor
the sword. But it possesses the power Of
declaring the law, and in that is found the
safeguard which keeps the whole mighty
fabric of government from rushing to de-
struction. This negative power the power
of resistance, is the only safety of a popular
government and it is an additional aSsur-
ance when the power is in such hands as
yours.
with this I give place to my successor,
but can never cease to linger on the men,
Ories Of the past. Among the compensa-
tions for all the hard work that a seat on
this bench imposes have been the intimacies
and friendships that have been formed be-
tween it's members. Though we have often
been different in our opinions, it has always
been an honest difference which did not af-
feet our mutual regard and respect These
many years have indeed been years of labor
and toll, but they have brought their own
reward; and we can all join in thanksgiving
to the Author of our being that we have
been permitted to spend so much of our
lives in the service of our country. With
profound respect and regard, am, my dear
brethren, very sincerely and always yours,
s'STEP1EN j. FIELD