The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-04-12
ices decisions which was adverse to his

own personal interests.
Sarah Althea Hill Terry had brought suit
against ex-senator Sharon, a California
multimillionaire. Justice Field was on the
bench. The outcome of the case was IN
favorable TO the plaintiff.
A few months later Terry and Field met
by chance in a railway eating-house in
Lathrope Cal. Tarry was accompanied by
his wife. who was then the principal in the
suit against Saron. and whom he had mar
ried subsequent 20 the suit. With Field
was Deputy United States Marshal Magic,
who had been detailed 10 protect the Jus
tice. TIE woman attemted TO chastise the
aged justice and Terry interfered. When it
seemed that he was attempting to do vio-
lence to Justice Field. Magic, the Deputy
Marshal shot and killed Terry. Nagle was
acquitted
During his term Of more than a third OF
q century Mr.. Field was concerned in some
of the most important cases ever passed
upon by the Supreme Court. Among the
prominent decisions was the famous test
oath case, in which he gave the casting
vote and wrote the opinion of the court
annuiing the validity if the 'ironclad''
oath. His dissenting opinions in the con-
fscation cases, the legal tender cases. and
in the New Orleans slaugter house case
attracted the widest attention.
He also was before the public eye in
other ways than as a Judge of the United
States Supreme Court. He was a member
Of the Hayes-Tilden Electoral Commission
in 1877. and voted with the Democratic
minority. In 1890 ne received sixty4five
votes for the Presidential nomination at
Cincinnati Democratic convention on the
first ballot. In 1873 he was appointed by
the Governor of the State OF California
one OF the commission 10 examine the code
of laws of that State. It 1866 Williams
College conferred upon him the decree of
LII D., and in 1859 the Regents Of the Uni
versity of California made him a professor
Of law in that institution.
Justice Fields retirement from the Su-
preme Court bench took place on Dec. l.
1897, and Attorney General McKenna Of
California shortly afterwards was nomin-
ated TO succeed him. He rendered his re-
signation in April 1897, to take effect on
Dec. l. The Presidnet in his letter Of ac-
ceptance Of the resignation, wrote.
Upon your retirement both the bench
and the country will sustain a great loss,
but the high character and great ability
of your work will live and long be remen-
bered not only by your colleagues but by
your grateful fellow-countrymen."
Field made the formal announcement Of
his resignation to his colleagues on the
bench in a long letter sketching his own
nd n
fence. In one part he said:
'Tt is a pleasant thing in my memory
that my appointment came from President
Lincoln of whose appointees I am the last
survivor. Up to that time there had been
no representative here Of the Pacific coast.
new empire had arisen in the West,
whose laws were those of another country,
the land titles from the Spanish and Mexi-
can grants, both Of which were often over
laid by the claims of the first settlers.
ITO bring order out of this confusion
Congress passed an act providing for an
other seat on this bench. with the inten-
ton that il should be filled by some one
familiar with these conflicting titles with
the mining laws of the coast. and as it
happened that had framed the principal
OF THESE laws anu was. moreover N+lltl
Justice of California ii was the wish OF
the Senators and Representatives of that
State, as well as those of Oregon. that I
sould succeed 10 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 fifty
seven in the Circuit Court and 365 in the
California Supreme Court. made up to-
tai OF 1892 cases decided by him in his lire. |
He took issue with the styling Of the court |
as an aristocratc feature OF a republican |
government and said It IS the most demo- /
cratic Of all. ut carries he wrote. meth
the purse nor the sword, but It possesses |
the power of declaring the law, and in that /
is found the safeguard which keeps the /
whole mighty fabric Of government from |
rushing TO destruction.