The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-10

Althea Hill Terry had brought a
famous suit against ex-senator Sharon,
a California multi millionaire. Justice
Field was on the bench. The outcome
of the case was unfavorable to the
plaintiff and engendered in her feelings
of hatred to the court. This eliminated
in her attempt to chastise the aged
jurist in the dining hall or depot eat
ing house at Lathrop, Cal, a. railway
junction.
Judge Terry, who had been her at
torney in the suit against Sharon, and
who afterward married her, interfered,
and when it seemed that he was at
tempting to do violence to Justice
Fields person, David Maggie, a United
States deputy marshal, drew a revolver
and shot and killed Judge Terry. Maggie
was acquitted. There was, however
for many years, intense bitterness be-
tween the friends of the two factions,
and for this reason Justice Fields fam
lily discouraged his discussion of Cali
fOrnia topics or the perusal of Califor-
MIA newspapers.
Justice Fields retirement from the
supreme court bench occurred on Dec
l. 1897, and Attorney General McKenna
of California shortly afterward was
nominated to succeed him. He ten
dered his resignation in April, 1897, to
take effect Dec. /. The president in his
letter of acceptance Of the resignation,
said:
Upon your retirement both the
bench and the country will sustain
great loss, but the high character and
great ability of your work will live and
long be remembered not only by your
colleagues, but by your grateful fellow
countrymen.'
The dead justice made the formal an
nouncement of his resignation to his
colleagues on the bench in a long let
-ly tpl,t ,,cr h c nd
tory during his extended service. In
one part he said:
TT is pleasant thing in my memory
that my appointment came from Presi-
dent Lincoln, of his appointees I 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 overlaid by the
claims of the first settlers. To bring or
der 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 those conflicting titles
and with the mining laws of the coast
and as it so happened that I had
framed the principal of those laws and
was, moreover chief justice Of Califor-
MA. II was tHe WISH "a Tie SeudlOIS
and representatives of that state, as
we'll as those from Oregon that I should
succeed to the new position. At their
request Mr.. Lincoln sent my name to
the senate and the motion was unani-
mously confirmed.
During his incumbency he said he
alone had written $40 opinions, which,
with 81 in the circuit court and 1865 in
the California supreme court, made up
a total of 1,e42 cases decided by him in
his life He took issue with the styling
of the court as an aristocratic feature
of a republican government and said
it was the most democratic of all. sit
carries he wrote, neither purse or
the sword, but it possess the power of
declaring the law and 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
babe him farewell. Since his retire
ment he had lived quietly in his old
home facing the eastern section Of the
capitol grounds