Evening star., 1899-04-10

most intimate with him knew that his men
tai powers were becoming somewhat inn
paired. The results of his long career of
great mental activity We're beginning to
show themselves in a falling memory after
his retirement from the bench, though, his
physical health seemed to improve a little.
All during the winter, when the weather
was fair, it was his custom to take daily
drives about the city or through the
grounds of the Soldiers Hbme and always
returned refreshed. About two weeks ago,
however he took a longer drive than usual
in an open carriage, and Contracted a Sc
we're cold, which rapidly developed the kid
ney troubles from which he had suffered,
though but slightly, for some time. The
disease readily yielded to treatment, and
Thursday last he sat up for al time, and
seemed quite himself again, but Saturday
morning a change for the worse took place,
and about noon he lost consciousness. From
that time he sank rapidly. >
Life of Stephen j. Field.
Stephen Johnson Field was born at Had
den, Conn, in 1916. He was the son of
David Dudley Field and one Of the four
brothers who since became SO famous.
David Dudley, Cyrus w. and Henry M.
Field were the other members of the great
quartet who made their names known
throughout the world.
AT the age of thirteen he went to Smyrna,
where his sister had married missionary,
and he there acquired a knowledge of orien-
tai languages. Returning to this country
he entered Williams College, from which he
graduated in 1887 at the head of his class.
He went to New York, where he entered
the law Office of his brother, David Dudley
Field. He was admitted to the bar and be-
came partner in the firm. In 1S4S he went
to Europe and spent some time there trav-
cling; In November, 1Si9 he sailed for
San Francisco around Cape Horn, and en-
tered into the practice of the law in the
occidental metropolis. After a short time
he moved to Marysville, a small mining
camp and became one OF the founders of
what afterward grew to be a thriving
town. When the little city was organized
Justice Field was elected the alcalde of
the place. This office carried with it the
dignity of mayor, and at the same time
imposed all the duties of the bench Here
the future jurist dispensed justice and made
his name widely known throughout the
length and breadth of the growing common
wealth
Mr.. Field frequently adverted to his early
life IN California, and said that the days
spent in MarySville, when, as alcalde he
held court behind a dry goods box with
candles for lights We're the hanniast of his
life. W ''
He was elected a member of the first leg
islature of the state and was made a mem
Der of the judiciary committee of that
pooy he was influential in securing legis-
!atlon favorable to the miners and aided
In the passage of laws regulating the civil
and criminal procedure of the state. At
the close of the session he returned to
tn he
practice of his profession
he was elected judge Of the supreme
court of California in 1857 for the term of
SIX years In 1859 he succeeded Chief ms
tiee DaVld >. Terry on the bench of the
state. ~ ''ie
In the Supreme Court,
In 1853 President Lincoln appointed him
associate justice of the Supreme Court of
the United States, and he held that posi
uon untll his retirement December /. 1897
JuStlce Fields retirement from the Su,
Peme Court bench took PLACE December
le3' and Attorney General Mex of
oalfornia shortly afterward was nomi-
mated to succeed him. He rendered his
resignation in April, 1897, to take effect
December l. The President, in his letter of
acceptance of the resignation, wrote: Up
on your retirement both the bench and the
country will sustain a great loss but the
hlsh character and great ability of your
work Will live and long be remembered, not
only by your colleagues, but by yol1r gr.te
ful fellow-cOuntryrnen."
Justice Field made the formal annouuce-
n,ent of his resignation to his colleagues
on the bench in a long letter sketchinp
ms own ana me courts history during his
extended service. In one e,part he said:
1t is pleasant thing in my memory
that my appointment came from President
Lincoln, of whose appointees am the last
no representative here Of the Pacific coast
A new empire had arisen in the west
whose laws We're those of another country
The land titles from Spanish and Mexican
grants, both CT which We're often oyerlaid
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 mining laws
OF the coast, and as it SO happened that 1
fad framed the principal of these laws, and
was, moreover, chief justice of California.
1t was the wish of the senators and repre-
sentat1Ves of that state, as well as those
from Oregon, that 1 should succeed to the
rev position. AT their request Mr. Lincoln
sent my name to the Senate, and the nom
nation was unanimously confirmed"
During his incun,bency, he said he alone
had written 62O opinions which wirh ~ in
the circuit court and 3G5 in the California
supreme court, made up q total of 1O42
cases decided by him in his life. He took
issue with the styling of the court an
aristocratic feature of a republican govern
nent and said 1t is the most democratic
OF all 1T carries,'' he wrote, neither the
purse nor the sword. but 1t possesses the
power of declaring the law, and In that is
found the safeguard which keeps the whole
m'ghty fabric Of government from rushing
to destruction"
The court replied in a very feeling letter,
ana later called in body and bade him
fa rewell.
HIS term was the longest in the history of
that tribunal. The great chief justice, John
Marshall, wore the ermine for a period ex-
tending over thirty-four years. 1t was the
ambition of the late ex-justice to surpass
this record, and he succeeded in doing 80
by few months. His friends, fearing that
the STRAIN of hard work would shorten his
useful life. advised him to retire from his
arduous duties But with indefatigable per-
severance he clung to his task until the
latter part of 1857, when he had the salts
faction of having fulfilled the ambition of
his life
During that term of more than third of
century he 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 deciding vote, and wrote
the opinion of the court annulling the valid
ity of the "ironclad" OATH His dissenting
opinions in the coniscation cases, the legal
tender cases, and in the New Orleans
slaughter house case attracted the widest
attention.
The Terry Tragedy.
He was always fond Of conversing on Cal
ifornia topics, though this. it seems, was
forbidden by his physician and family, who,
for the best of reasons ava, deniad him th,>