The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-03

estimation in which he is held as jurist
by lawyers throughout the country, or OF
the great respect entertained for his judicial
opinions, than is afforded by the following
letters received by leading lawyer of Min
neapolis soon after the failure of the Repuo
lican state convention to nominate him. The
first is from Prof. Thayer, of the Harvard
law school.
LETTER OF PROF THAYER.
Cambridge, Mass, Sept. 2, 1S9S.-My Dear
Sir: | am astonished to hear that there is
doubt of the reelection OF Judge Mitchell to
your supreme court. 1 wish the people Of
Minnesota knew the estimate that is put
upon him in other parts of the country, and
there could be no doubt about 1t then.
never him, and have no personal ac-
quaintance with him. / know him only as
judge whose opinions, like those of ali the
judges in the country, reach me through the
excellent law reports published in your state.
In the course of my work at the Harvard
law school l have long had to search care
fully through these reports for cases re'at-
ing to my special subjects In that way I
have long recognized Judge Mitchell one
of the best judges in this country, and have
come to know also the opinion held OF him
by lawyers competent to pass an opinion on
such a question.
There is no occasion for making an excep-
ton Of the supreme court of the United
States On no court in the country today is
there judge who would not find his peer
in Judge Mitchell.
Pray do not allow your state to
lose the services of such a man. To keep
him on the bench is service not merely
to Minnesota, but to the whole country and
to the law.
Your state 1t is that is on trial now before
the country The question is: Can Mime
sofa appreciate such a man? Is it worthy
to have him? I am not going to believe tnat
a state which can command the services of
one OF the few judges in the country that
stand out among their fellows as pre-emi-
nent, that give it distinction will refuse 10
| accept those services. You lawyers of Min
nesota must not let party politics work any
such result. Surely the bar can prevent it
il they will. Always truly yours,
j B. Thayer
The other is from Prof Bennett, of the
Boston law school.
LETTER OF PROF. BENNETT.
Boston, Sept. 8, 1S9S.-My Dear Sir: You
will remember that at the recent meeting
of the American Bar association at Saratoga
we We're chatting one day about the courts
and decisions of different states, when the
name of Judge Mitchell Of Minnesota chanc-
ed to be mentioned, and l stated that 1 had
learned much from some of his opinions.
While all of us who are practitioners de-
sire to be especially familiar with the de-
c1sions OF the courts of our own state and
attach more weight to them than to the de-
clslons OF other courts, it is also true that
those of us who are connected with the teach
ing of the law desire to be somewhat familiar
with the decisions of al courts and to call
the attention of students to an instructive
where the opinion of the court is exception
ally plain, clear and forcible in its statement
Of the principles of the common law.
1t was in this way that my attention was
drawn to the opinions of Judge Mitchell
| Whoever reads such an opinion as that of
the honorable judge in 81 Mimi, p. 223, must
| ~ SfIn6 hat
| The subject matter of the litigation in that
| case has been much before the courts in
recent years Oftentimes the pleadngs have
been long, full of extraneous matter. and
| with numerous allegations having no i'm
portant or direct bearing upon the point in
issue In some cases, perhaps, these qualities
| OF learned judges. The opinion of Judge
Mitchell, referred to, is notably free from
them 1mmater1al allegations are quickly
! disposed Of the principles which must con-
| troll the decision are stated in clear and
! orderly manner, and the decision reached
ana sta stated SO that any one must understand
| II. mere are other valuable opinions of the
| learned judge in the Minnesota reports One
/ in A Mimi, D. 224.
1t seems to me a misfortune that judge
| SO well qualified should be retired from the
| bench, and | was surprised to learn that
| such plan was thought Of Even a non
resident may be permitted to hope that the
| plan will be reconsidered and the services
! of sound and able judge retained for the
benefit OF us all. Yours very truly,
Samuel G. Bennett.
This is testimony of the very highest order
1t comes from men of national reputation
| whose business 1t is to teach law, and who
! are best able to FORM from the character
| OF his judicial opinions, a critical estimate
! of the character Of the judge who uttered
| them. 1t is no disparagement to the other
| judges on the bench, or to the able and ex-
/ cellent gentlemen nominated on the Republi-
| can ticket, to say that during his twenty
four years Of experience on the supreme
and district benches Judge Mitchell has
| grown In juristic wisdom and stature until
| today he stands head and shoulders above
them all. His defeat next Tuesday would be
deplorable loss to the bench and to the
people of the state. The Republican voters
OF Minnesota will have full opportunity next
| tuesday to correct the grievous mistake
made by their delegates in state convention.
His name, although not where it should
have been. in the Republican list Of candi-
| dates, will still be the same ballot where
| every voter is to mark with an x his choice
| among the candidates.. Not less than 80 600
| KS should be affixed by Republican voters to
| the name of Judge Mitchell.