The Montgomery advertiser., 1901-07-28

you a white man or a colore1 nlan!' I'm a white man." exclaimed the rris- cEer, with astonishment. Then" re- piled his honor, "I will fine you the ex- treme limit. for this court takes judi cial notice of the fact that caps is peculiarly the colored mans game, and if a white man indulges il, it within my Jurisdiction he must pay well-in fact. the highest price--for the luxury!"
 .& y x
 Governor Charles P. Johnson ef St. Louis is rated in the front rank of criminal lawyers. He understands all the arts of his profession. Among oth- CTS he has sly way of raising a ques- tion of law and of injecting in:o his argument to the court a speech intend- cd for the ears of the jury. He fre- Quently appeared in Judge Shackle- ford's court, and Shack, so Judge Will Hams alleges, soon observed the gov ernors habit. and made up his mind to cure him of it. So in bitterly fought criminal case at Boonville. Governor Johnson raised a knotty question and was about to begin arguing it when Judge Shacklefo-d surprised and dis susted him by roaring. Mir. Sheriff. take the jury out into the courthouse yard beyond earshot." The governor said: Your honor. there is no use in sending the jury out," whereupon Shack blanily replied: Now. Charlie, you are about to make a dry legal argu- ment for the information of the court solely. which the court will be pleased to hear. but the jury is composed of farmers and will enjoy rolling around on the grass under the trees. So pro- ceed with your argument. The court Is all attention"
 AR aA
 The pessimists who are forever croak- ing in our ears the dismal story that the human race is deteriorat ting physic-' ally as well as mentally should take good square look at the Supreme Court of the United States and be dis illuSionized,
 It is a magnificent body of men to gaze upon. While none of them looms up among the clouds as did one Og. of whom we read. they are all splendid specimens of brawn and bone. The smallest man on the bench, the one that women artists would pronounce the handsomest. is Chief Justice Mel vile W. Fuller but he stands six feeet and weighs close to 200 pounds.
 All the judges are what we would commonly call "whoppers," MT. Justice Gray of Massachusetts standing 6 feet 4 and the others grading down gradual ly to about four inches shorter.
 A place on the Supreme bench is not to be sneezed at. The salary of the chief justice is $10,50e and that of the associate justices s10,000. They are appointed for life on good behavior and can retire on full pay when they reach the age of 70 and have served ten years. They are social lions. and no other nine elderly gentlemen anywhere else in the world wield such power.
 Congress and the president make laws. and the Supreme Court dispcses of them as unconstitutional with as little ceremony as General WeyIer used to shoot filibuster.
 I have known MT. Justice Harlan by sight for 35 years. When my boyish eyes first gazed upon and admired his magnificent form he was recruiting the Tenth Kentucy Union infantry, one of the finest regiments that fought for the old flag. Two-thirds of that regiment were husbands an1 fathers, sobAr. thinking men, who enlisted for three years or during the war; after William H. Stewards prophecy of 90 days picnic was exploded and when men. North and South. recognized the awful fact that the Civil War was to be long, bitter, bloody struggle to the death.
 Judge Harlan was then in the flower of his years, over six feet, straight as an arrow. supple as an Indian, {. ric- ture of manly beauty.
 It was, his boast that he could run faster and jump farther than any man in his regiment and throw any of them in an old fashioned wrestling match
 He was a brave soldier and exceed ingly free with his men. Before they got into battle he was always telling them how they should deport them selves. After Mill Springs, when old Pap Thomas gained his first laurcls. where Zolicoffer was killed and where the Harlan regiment received its bap- tism of fire. the judge frankly confess ed to his boys, as he called them, performance and that a sense of honor was all that held him to his post.
 That regiment was almost as rich in famous officers as the one of which Stanley Matthews and Rutherford E. Hayes were colonels and William Me Kinley major Harlan, it's first colonel, is one the Supreme bench of the United States; Hayes, it's second colonel, died a United States judge at Louisville. and it's major, Gabe Wharton, was United States District Attorney for many years.
 Colonel Harlan would have been a general if he had not resigned. This incident is illustrative of the martial spirit of the kentuckians. At Chicka- mauga the chaplain, who was Chris tian militant. would not stay in the rear among the ambulances, where he belonged, but when Long, streets Virginians were charging furi- ousIy he rushed on the field, and, not wishing to swear himself and finding no other mode of expression adequate to relieve his pent-up feelings, he ragged up and down the lines shouting Boys, give them h-l. as Col. Hayes says'
 MT. Justice Harlan is not one of the dry as dusts. He enjoys a joke as much as Private John Allen himself. One of the most pleasant days of my service in Congress was that on which the judge came over to the House and two or three hours commun- ing with the members. The Kentucki- ans gathenedi about him and listened gleefullY%lile he poured out a flood of garnished with scintil- lating wit and delightful humor.
 I afterward took Colonel John M. Barker of Mexico out to his house and him to the great jurist, with whom he had some professional busi- ness. At first Colonel Barker, who is game as a rat. and myself felt rather but Judge Harl1n soon put us at ease by his gracious manner and hearty greeting.
 Time has broadened Judge Harlan's