The San Francisco call., 1897-10-15

to realize that the conclus ons reached by
this court have been accepted, not simply
OF necessity as SO prescribed by the funda-
mental laws, but in the main as in them
selves both correct and wise.
As we all know the period of the war
was followed by one. continuing even TO
the present time, OF marvellous material
development. Wealth accumulated such
as never before was dreamed OF in this
country. Gigantic enter prises were under
taken and carried through. Inventions
have multiplied the coaveniences OF lie
as we'll as the possibilities OF achieve
ment Indeed, the conditions OF lie
have entirely changed from those that
prev allied prior TO the war. Out of this
changed social and economic condition
have sprung not merely an immense null
titude of cases, but litigation of char
Ecter vitality affecting the future pros
perity and safety OF this country.
To this court have come for final solu-
ton and decision many of these questions
and cases. BY the blessings Of Almighty
God my health and life have been pre-
served, and 1 have been enabled 20 take
part in the consideration of all these cases.
rev appreciate lIG udEb4bNOO Oi Jul
ilabors. The burden resting upon Us for
the last fifteen or twenty years has been
enormous The volumes of our reports
show that | alone have written go opin-
ions. II to those are added 81 opinions in
the Circuit Court and 365 repared while L
was on the Supreme Court of California il
will be seen ihat l have voiced the deci-
sion in 1912 cases. 1t may be said that all
OF our decisions have not met with the
universal approval of the American peo-
pie, yet it is to the great ory OF that
people that always and everywhere has
been yielded a willing obedience to them.
That fact is eloquent Of the stability OF
popular institutions, and demonstrates
that the people of these United States are
capable of self f-government. As l look
back over he more than third OF cen
turv that | have sat on this bench l am
more and more impressed with the i'm
measurable importance of this court.
Now and then we hear it spoken of as an
arstoCratic feature OF republican gov
ernment, but it Is the most democratic OF
all. Senators represent their States and
Representatives their constituents, but
this court stands for the whole country,
and as such it is truly ''of the people, by
the people and ior the people,
1t has, indeed, no power to 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 oi
from rushing TO destruction. This mega
tive power-the power of resista nce-is
the only safety of popular govern ment,
and 1t Is an additional assurance when the
power is in such hands as yours.
With this l give place to my successor;
but L can never cease to Iinger on the
memories of the past. Among the COM
pensadons for all the hard work hat
seat on this bench imposes have been the
intimacies and friendships shat have been
formed between its members. Though we
have often differed in our opinions, it has
always been an honest difference which
did not affect our mutual regard and re-
spect. These many years have indeed
been years of labor and of toll, but they
have brought tdeir own rewards, and we
can all join in thanksgiving to the Author
OF our being that We have been permitted
10 spend so much OF our lives III the SER
vice OF our country.
With profound respect and regards, l
am, my dear brethren, very sincerely and
always yours, STEPHEN J. FIELD.
The following is the courts reply:
SUPREME COURT OF THE UNITED STATES
WASHINGTON, Oct. IA. I
Dear Brother Field: We are profoundly
moved by the letter in which you an
nounce to US your retirement from the
bench. The termination OF judicial ca
reer OF such length and distinction cannot
fail 10 inspire among all your country
men, and indeed, wherever the realm OF
Jurisprudence extends, keen sense of
loss, which to your colleagues assum es
the aspect of personal bereavement, for
the intimacy necessarily incident to the
conduct OF work so constant, so exacting
and of such vital i'm portance as ours in
evitably draws Us together by ties of the
closest character, which cannot be dis
solved without emotions OF deep sadne IS
and regret. We feel that our parting in-
wolves not sim ply the deprivation of the
assistance afforded by your learning, your
vast experience and your earnestness in
advocacy OF your convictions, but the
severance of these relations which have
contributed so much to tighten the hard
est labors OF the road.
This is not the time or place to dwell on
the reputation you have achieved as a
jurist. The record is made up and NAV
safely be committed to the judgment Of
posterity.
But we cannot part with you as an act
i've member of the court without the fer
vent expression OF the hope that you NAV
be spared for many years to enjoy the re-
pose you have so thoroughly earned and
the commendation bestowed upon good
and faithful service
we are, dear brother. your affectionate
brethren, MELVILLE w. FULLER
JOHN NJ. HARLAN
HORACE GRAY,
DAVID J. BREWER,
henry B. BROWN,
GEORGE SHIRAs JR,
E. d. WHITE.