The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-11-05
AN OPINION BY FIE 10 j.
The Story of How 1t Was obt aimed.

(Wellman in Chicago Times-Herald.)
Last spring two of the assistant JUS
tices of the Supreme Court were request
ed by Chief Justice Fuller to coach
Justice Field on court decision in which
the aged and infirm jurist was to take
mart. They were not, of course, to at
tempt to influence his opinions, but were
TO save him all the work they could and
Give him the benefit of their researches
among the authorities. The two justices
called one night at Mr.. Fields house.
and found the veteran in an unusually
lethargic condition. He sat in big arm
chair, his head bowed down upon his
breast, his eyes closed. 1t was with diff.
Guilty that he recognized his callers and
exchanged few words with them. Then
his eyes closed again, and the two JUS
tices 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 pre-
pared on the case in hand. 1t was really
the basis OF his own conclusions, and con-
l
citations from decisions bearing upon
them, and an exposition of the philoso-
physsof the law leading to the conclusion.
He asked permission to read this to JUS
tico Field, and taking silence as consent
proceeded to read aloud. For some min
utes Justice Fields head lay still upon
his breast. His eyes remained closed.
No one in the room could be sure that he
understood word that was uttered.
But presently the old Justice lifted his
head and opened his eyes, 1t seemed
that the legal phrases the constitutional
arguments, the statements of law so ia
niliar 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 warn
ingly.
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 astonished both
his listeners. This done. he relapsed in
to his former comatose condition. When
the two visitors gathered 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 success.
fully that they were 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 were also forced to change
their views when the arguments advanced
by Mr.. Field were 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 vete.
ran was fully conscious at the time he de.
livered his argument. 1t seemed to them
that the legal phrases which his ears
heard and carried to his brain simply
reused his mind to sort of automatic
activity. Once set going that mind oper-
ated with accuracy and unfailing logic,
apparently without effort. At least moth,
ing else. no other sort of mental stimu-
lus, could at that moment have found re-
Spouse in conference in his mind. He was
oblivious to everything save his second
nature, which was the law and its inter.
probation.