The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-10-15


mitied to take part IN the consideration
of all those important questions.
As Ne all know. the period of war
was followed by marvellous material
development. Wealth accumulated such
as never before dreamed of iD this
country. Gigantic enterprises Mtre
undertaken and carried through.
Inventions have multiplied the con-
Neniencos of life, as well as the possi-
biitl.s of achievement. Indeed, the
conditions of life have entirely changed
from those that prevailed prior la the
war. Out of This change in the social
and economical condition has sprung
not merely an immense multitude Of
cases, hut litigation OF character vi
tally affecting the future prosperity
and safety of this country. To this
court have come for final solution and
decision many of these questions and
eases by the blessings of Almighty
God my health and life have been pre-
served, and ! have been enabled Ia
take part In the consideration -! all
these cases. Few appreciate the mag
niludc of our labors. The burden rest
ing upon US for the last IL or 20 years
has been enormous. The volumes nf
our reports shcw that | alone haV"
written GO opinions. IL Ia these are
added - opinions in the circuit court
and 3G5 prepared while I was on the
supreme court of California. IL viii be-
seen that 1 have voiced the decision uf
l.0i. cases. II may be said that all nf
the decisions have not mc, with the
universal approval of the American
people Yet IL is to the great glory of
that people that always and every
where has been yielded a willing obcdi-
ence To- them. That fact is eloquent of
the stability of popular institutions,
and demonstrates thai the people OF
these United States are capable of self
government. As | look back over the
more than a third of "A century that |
have sat on this bench. | am more and
more impressed with the immeasurablc
Importance of this court. Now and
then we hear il spoken Of as ~ arist"-
cratic feature OF a republican govern
ment. But Ii H. the most democratic of
all. Senators represent their states
and representatives 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 peo-
pie.
1t has indeed no power L. legislatc.
IL cannot appropriate a dollar of
money. II carries neither the purse nor
the sword. But IL possesses the
power OF declaring law. and In that H.
found the safeguard which keeps the
whole mighty fabric of government
from rushing la destruction. This neg
ative power. the power of resistance,
is the only safety Of "A popular govern
ment. and il is an additional assurance
when the power is in such hands as
yours.
with this l give place Ia my sue
ccssor. but | can never cease 10 linrer
on the memories of the past.
Following is the courts reply. dated
Oct. ~. and addressed To Dear Iiro,ner
Field"
We are profoundly moved by the
letter i'm which you announce 10 us
your retirement from the bench. The
termination of n judicial career of su, II
length and distinction cannot fail 10
inspire among all your cuuntrym-Il.
and, indeed. wherever tht realm ui jui-
isprudence extends. keen sense of
loss. which To your colleagues assumes
the aspect of IA personal bereavement.
For the intimacy necessarily Incident
Ia the conduct Of work So constant. -
.xacting and Of such vital Importance
as ours. inevitably draws us together
by ties of the closest character which
cannot DE dissolved without emotions
of deep sadness and regret. We feel
That our parting involves not simply
the deprivation of assistance afforded
ny your learning. your vast experience
and yonr carnVstncss in advocacy of
your convictions hut the severanc. of
those relations which have contribut ed
so much Ia tighten the hardest labors
of the road.
This is not the time nor place 10
dwell upon the reputation you have
achieved as "A jurisi. The record is
made ~. ana may safely he commit
ted 10 the Judgment of pustcrity.
But We cannot part With you as an
active member of the court without
the feryeni expression of the hopes
that you may be spared fur many yeacs
Ia enjoy the repose you have So thor
oughly earned and the cummcndatinu
bestowed upon good and faithful scrY-
ice.
"Wo are, dear brother. your Affection
ate brethren,
MELVILLE W. FILLER.
JOHN ~. HARLAN.
HORACE GRAY.
DAVID j. BREWER.
HENRY u. BROWN,
GEORGE SIlfRAS. JR,
II. II. WHITE.
The president apparently has not yet
decided upon the appointments that
Justice Fields retirCmcn, will occasion,
save that Attorney General McKcnna
will he nominated for the supreme
bench unles some cause intervenes be-
tween now and December 10 prevent II.
Mr. Mckinley has mad, some inquiries
of politicians which have led them ia
believe that his mind is pretty well
made up on Mr. Mckenna as IN" n. VI
justice of the supreme court. hut IN
none of them, 81 far as can he Learned.
did he mention the matter OF new at
tcrney general.
After the adjournment of the court
to-day the justices and the officers nf
the court called In "A body at Justice
Fields house and took official leave ~
the retiring Justice. Although his res
ignation does not take effect until the
LIST vi December II is known thai Jus
ticc Field viii not resume his scat on
the bench during the interim.
PRESIDENT M'kiNLeY