The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-04-10
WHEELING. W. VA, MONDAY, APRIL 10. 1899.
tender cases and in the New Orleans
slaughter house case attracted the Wild
est attention.
Beforc enc Pnblic Erc.

est attention.
Before the Public Eye.
During this long service on the
bench, he also was before the public
eye in other ways than as Judge OF
the United States sepremc court. He
was q member of the Hayes-Tilden
electoral commission in 1877 and voted
with the Democratic minority. In 1880
ne received sixtV-nresvotes for the pres
dental nomination ut tho Cincinnati
Democratic convention on the frat ball
lot. In 1873 he was appointed by the
! governor OF the state OF California one
OF the commission to examine the code
OF laws OF that state. In 1856 Williams
College conferred upon him the degree
Of LII. D., and in 1869 the regents OF the
University OF California mnde him q
professor Of law In that Institution.
In 1889 one OF the most sensational
events of remarkably active and vlg-
orous career. largely passed in q new
country in process Of development from
pioneer state to q highly civilized
community brought his personality yiv-
idly before the public.
Sarah Althea Hill Terry had brought
famous suit against ex-senator Shar-
on, OF California, the multl-million
Justice Field was on the bench. The
outcome of the case was unfavorable to
the plaintiff and engendered In her
feelings Of hatred OF the .jurist. This
eliminated In her attempt to chastise
the aged Justice in the dining hotel or
eating house at Lathrop, Cal, a railway
junction. Judge Terry who had beeH
her attorney In the suit against Sharon
and who afterward married her. fnter-5
fered and when 1t seemed that he was
attempting to do violence 10 Justice.
Fields person, David Nagle, a United
States deputy marshal, drew q revolver
and shot and killed Judge Terry. Nagle
was acquitted.
There was, however, for many years.
intense bitterness between the friends
of the two friends and for this reason
Judge Fields family discouraged his
discussion OF California topics, or the
perusal OF California newspapers.
Justice Fields retirement from the
supreme court bench occurred Decem-
ber l, 1897, and Attorney General Nc
Kenna, of California, was shortly after
wards nominated 10 succeed him. The
President, in his letter OF acceptance OF
the resignation, wrote:
upon your retirement both the bench
and the country will sustain n great
loss, but the high character und great
be remembered. not only by your col-
leagues, but by your grateful fellow
countrymen."
An Eloquent Farewell.
The dead justice made the formal an
nouncement Of his resignation to his
colleagues on the bench In a long letter,
sketchlng his own and the courts his
tory during his extended service. In
one part he said:
ut Is pleasant thing In my memory
that my appointment: came from Presi.
dent Lincoln, Of whose appoIntees am
the last survivor. 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 from Spanish and Mexican
grants, both OF which were often laid
by the claims OF the first settlers. To
bring order out Of this confusion Conf
gressed passed an act providing another
seat on this bench. with the intention
-that;it should be filled. by some one fa-,
millar with these conflicting titles and
with the mining laws Of the coast and
rs 1t happened that had framed the
principal OF these laws. and was. more-
over, chief justice of California, 1t was
the wish OF the senators and represents
atires of thi: state, as well 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 con-
firmed."
During his incumbency. he said he
alone had written 620 opinions, which,
with 81 In the circuit court, and SOS in
the California supreme court, made up
total of 1.o42 cases decided by him In
his life. He took issue with the styling
of the court as an arlstocratic feature
OF n republican government. and said
1t was the most democratic Of all. TT
carries" he wrote. neither 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"
The court replied in very feeling
letter. and later called in a body and
bade him farewell. Since his retire-
mcnt he had lived quietly In his old
home, facing the eastern section Of the
capitol grounds