The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-15

great period Of reconstruction and the
last amendments OF the federal consti-
tuition. In the effort to re-establish the
nation, 10 adjust all things TO the
changed political. social and economic
conditions OF far-reaehlng importance
were developed - questions OF personal
liberty, Of constitutional right, which
after oft times heated discussions be-
fore the people and In the halls OF Con-
gress, came to us for decision. / don't
exaggerate when | say that no more
difficult and momentous questions were
ever presented to this or any other
court. look back with joy and pride
to the fact that was permitted 10 take
part In the consideration OF all those
important questions, and that not In
frequently was called upon TO express
the judgment OF this court thereon.
And now that those times OF angry de-
bate, deep feeling and Judicial decisions
have passed II Is pleasant to realize that
the conclusions announced by this
court have been accepted, not simply OF
necessity, as prescribed by the funda-
mental law, but In the main, as in
themselves as both correct and wise
THROUGH MOVING SCENES,
As well known, the period of the war
was followed by one continuing event
10 the present time OF marvellous ma
terial development. Wealth accumu-
lated such as never before was dreamed
OF In this country. Gigantic enterprises
were undertaken and carried through.
Inventions have multiplied the conven-
iences OF life as well as the possibilities
OF achievement. Indeed, the conditions
OF life have essentially changed from
those that prevailed prior to the war.
Out OF this changed social and economic
condition have sprung an immense
multitude OF cases, but litigation Of q
character vitally affecting the future
prosperity and safety of this country.
To this court have come for final solu-
tlon and decision many Of these cases.
By the blessings OF Almighty God my
health and life have been preserved.
and have been enabled to take part In
the consideration of all these cases.
Few appreciate the magnitude OF our
labors. The burden resting upon US for
the last fifteen or twenty years has been
enormous. The volumes OF our reports
show that have alone have $40 opin-
ions. II to these are added 81 In the
circuit court, and S65 prepared while
was on the supreme court OF California,
It will be seen that have voiced the de-
cisIoa in 1,042 cases:
II 1t may be said that all OF our de-
clsons have not met with the universal
approval OF the American people, yet 1t
Is to the great glory OF that people that
always and everywhere has been Yield
ed a willing obedience to them. That
fact Is eloquent OF the stability OF pop
ular institutions, and demonstrates
that the people OF these United States
are capable of self-government.
NOT AN ARIsToCRATIc COURT.
As 1 look back over the more than
third of the century that have sat on
this bench 1 am more and more i'm
pressed with the immeasurable import
ance OF this court. Now and then we
hear It spoken OF as an. arlstocratic
feature of a republican government, but
II Is the most democratic OF all. Sena-
tors represent their states and repre-
sentatives their constituents, but this
court stands for the whole country, and
as such II is truly "of the people, by the
people and for the people,. 1t has in
deed no power to legislate. 1t cannot
appropriate a dollar OF money. 1t car
ries neither the purse nor the sword.
But It possesses the power OF declaring
the law, and In this find a safeguard
which Keeps the whole mighty fabric
OF government from rushing to destruc-
tlon. This negative power, the power
OF resistance, is the only safety of a
popular government, ane an addition
al assurance when the power is In such
hands as yours.
with this / give place to my success
sor. But / can never cease to linger
on the memories OF the past. Among
the compehsations for all the hard work
that a seat on this bench imposes have
been the intimacies and friendships
that have been formed between Its
members. Though we have often DIFF
fered in our opinions 1t 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 OF toll, but they
have brought their own reward; and we
can all Join in thanksgiving to the Au-
thor OF our being that we have been
permitted to spend so much of our lives
in the service Of our country.
With profound respect aud regard, !
am, my dear brethren,
Very sincerely and always yours,
STEPHEN J. FIELD.
The President apparently has not yet
decided upon the appointment that Jus
tlce Fied's retirement VIII occasion, save
that Attorney General McKcnna will be
nominated for the supreme bench unless
some cause intervenes between now and
December to prevent 1t. Mr.. Mckinley
has made some inquiries OF political cal
lera which led them to believe his mind
Is pretty well made up on Mr.. McKenna
rs the next justice OF the supreme court.
but to none OF them so far as can be
learned. did he mention the matter Of a
new attorney general.
Yellow Fever Record.
NEW ORLEANS, Oct. l4.-It was the !