Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-04-10

famous test-oatn cnse,in Whicn ne thNe
the casting vote. and wrote the opinion
the '1ronciad" oath. His dissenting
opinions In the connscation cases, the
legal tender cases and In the New Or
leans elaughterhouse cases attracted
the widest attention.
During this long service on the
bench he also was before the public
eye In other ways than as Judge OF the
Supreme court OF the United States.
He was member Of the Hayes-1ilden
electoral commission In 1871 and voted
with the Democrats. In $50 he re-
ccived sixty-nvo votes for the preai-
dency nomination Mt the Cincinnati
Democratic convention. ON the first bal
lot. In 1873 he was appointed by the
governor OF the State Of California one
OF the commission 20 examine the code
Of laws OF that State. In 1866 Williams
college conferred upon him the degree
~ LID, and In 1859 the regents Of the
University OF California made him a
professor Of laws IN that institution.
In 1889. one OF the most sensational
events Of remarkably active and
vigorous career. largely passed In a
new country In process OF development
from n pioneer State to n highly civil
lied community. brought his person.
nliiy wildly before the public. sarah
Althea uili had brought suit against
NNsEt0UfUI MllllUfl HnufUTs "
have been married TO him BY contract.
Che asked the courts to recognize her
rights. but the outcome was unfhyor-
able To her. The ease was carried TO
the United States supreme court and
n was Justice Field -a'i rendered the
decision that Sarah Althca iiili was
not n wife.
Former Supreme Judge David =. Ter
~. who gained notoriety In the early
days Of California by killing IN duel
senator Frederick. for which he was
disfrnnchircd. until the cloud was
raised from him years after by The
adoption Of n new constitution. was
bitter struggle. He threw into the
fRht all the aggreesiycncss and Vicious
ness of his nature. and when he lost
he was overwhelmed with anger. He
declared that corruption had found Its
way into the case and openly declared
that Juslcc Fields decision had been
Influenced by n consideration.
Almost Immediately after the dcci-
sion OF the supreme court. Terry mar
rlcd Miss Hlll. Both were 10 indlg-
nant at the Justice that they threat.
cncd 60 do personal violence should
they ever meet him. These thrcatr
coming TO the ears OF the authorities.
Justice Field was provided with body
guard In the person OF David Maggie. a
'NAh'' thtsa'A 1'Fthf - fNffNf'f-
IL was In 1859. when the Justice was
making his usual trip to California.
that he met the Terrys In railroad
dining hall ut Lathrop. Cal Justice
Field had taken his scat. when Terry
advanced and struck him blow In
the face. Nngic who was seated OPP
poaite the Justice, arose and drawing n
revolver fired at Terry. His aim was
true. and In a few minutes Terry was
| n dead man. expiring In the arms OF his
| xifc, who was witness to the entire
proceedings. Maggie was acquitted.
There was for many years Intense
bitterness between the friends OF the
two factions. and for this reason Jus.
ticc Fields family discouraged his dis
cusrion Of California topics or the pc
rusai Of California newspapers.
Justice Fields retirement from the
supreme court bench occurred on Dee.
I. 1887, and Attorney General Joseph
Mckenna OF California. shortly after
ward. was nominated TO succeed him.
lie rendered his resignation In April,
1897. to take effect Dec. !. The Prcsi-
dent. In his letter Of acceptance OF the
resignation, said;
Upon your retlrcmcn, both the
bench and the country Will sustain a
great loss. but the hish character and
great ability OF your work VIII live and
colleagues. but by your grateful fellow
countrymcn."
Tho dead Justice made the formal an
| nounccmcnt OF his resignation 10 his
| colleagues on the bench In a long let
ter. skctching his own and the courts
history during his extended service. In
one part he said.
1T IL n pleasant thing In my memory
that my appointment came from Prcsi-
| dent Lincoln. or whose appointcen ! am
the last survivor. Up TO that time
there has been no representative here
81 the Pacific conHt. A new empire had
arisen IN the west, whose laws wcr.
those OF another country. The land
titles were from Spanish and Mexican
grants. both Of which were often over
/ laid by 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 In
| tcntion that II should be filled by some
one familiar with these conflicting titles
and with the mining laws Of the coast,
and M Il NJ happened that I had
| framed the principal OF those laws and
/ was. moreover chief Justice OF callfor-
mia. II was the wish of the senators and
representatives Of that State. as well
~ those from oregon. that should
| succeed 10 the now position. At their
| request Mr.. Lincoln sent my name "a
the senate and the nomination was
unanimously confirmed"
| During his incumbcncy he said he
alone had written go opinions, which.
| with nfty-reven IN the circuit court.
and 1916 In the California supreme court.
made IN a toti OF i.Oi2 cases decided by
him In his life. lie took issue with the
styling OF tho court an an nriHtoc rattle
feature OF a Republican government,
and said II was the most Democratic
| OF all.
| at carries" he wrote. neither the
purse nor the sword. but II possesses
The power OF declaring the law. and
that IN found the safeguard which keeps
the whole mighty fabric OF government
from rushing TO destruction"
The court replied In u very feeling
letter. and later called IN n body and
babe him farewell. Since his retire.
mcnt he had lived quietly IN his old
home facing the eastern section OF the
capitol grounds.
West Pointers Fight.
| West Point, ". v. April "a fierce
battle occurred at Highland Falls at
\