The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-04-10
side over the court in which he had so

side over the court in which he had so
long sat as a member,
When Chief Justice Waite died petitions
came in from the lawyers from all parts,
of the country asking that Judge Field
be made Waite's successor. Many Of the
legal organizations passed resolutions to
this effect but President Cleveland
stepped aside and chose Melville w. Full
Ter, a Chicago. lawyer, who had hardly
achieved national reputation. This was
a very, bitter pill to Justice Fields friends
and TO the Justice himself Field never
forgave Cleveland this Asked, upon one
occasion, what had prompted the slight,
he said he had no personal knowledge of
the Presidents mind in the matter but
that he had understood from number
OF reliable sources that Cleveland at that
time was very anxious for a second nomi-
nation. In order to secure this he had
to build up his strength in the Northwest
and in the region about Chicago new
Chlef Justice was to be appointed, and the
appointment was used to this end. Villas,
who was then in the. Cabinet advised
Cleveland that Fuller had many friends
and that he could be Of great service to
the administration, and Judge Field was
told that it was for this reason chiefly
that the appointment was made.
On December l, 1897, Justice Field re-
succeeded by Joseph McKenna of Cali
fornia, at that time Attorney General in
the Mckinley Cabinet.
Justice Field rendered his resignation
l.
The President in his letter of acceptance
of the resignation said: Upon your re-
tirement both the bench and the court
and country will sustain great loss, but
the high character and ability of your
work will live and long be remembered,
not only by your colleagues but by your
grateful fellow-countrymen."
The Justice made the formal announce
ment of his resignation to his colleagues
on the bench in a long letter sketching
his own and the courts history during
his extended service. In one part he
said 1T is a pleasant thing in my men,
President Lincoln, of whose appointees I
am the last surviving. Up to that time
there had been no representative here of
the Pacific Coast. A new empire had
arisen in the West, whose laws were
those of another country. The land titles
were from Spanish and Mexican grants,
both Of which were often overlaid by the
claims of the first settlers. To bring
order out of this confusion, Congress
passed an act providing for another seat
on this bench, with the intention that it
should be. filled by some one familiar with
these conflicting titles and with the min
ing laws of the coast, and as 1t so hap
pened that [ had framed the principal Of
those laws and was, moreover Chief JUS
tice of California, it was the wish of the
Senators and Representatives of that
State, as we'll as those from Oregon, that
] should succeed to the new position. At
their request Mr.. Lincoln sent my name
to the Senate and the nomination was
unanimously confirmed"
During his incumbency he said he alone
had written $40 opinions, which, with 81
in the Circuit Court and 1865 in the Cali
fornia Supreme Court made up total
Of 1912 cases decided by him during his
life. He took issue with the styling of
the court as an aristocratic feature of
republican government and said. it was
the most democratic Of all. cit carries,
he wrote neither the purse nor the
sword but it possesses the power of de-
claring the law, and that is found the
safeguard which keeps the whole mighty
fabric of government from rushing to
destruction"
The court replied in a very feeling let
ter, and later called in a body and babe
him farewell. Since his retirement he has
lived quietly in his old Washington home
facing the Capitol grounds