The Savannah morning news., 1901-03-19
THE COURT OF ERRORS.
Justice Lumpkin's witty Response
to the Supreme Court.

T.
Presiding Justice Samuel Lumpkin Of
the Supreme Court responded to the toast,
The Court of Errors" Justice Lumpkin
was greeted with cheers as he arose to
speak My friend, Mr.. Medrim, whose
partially for me is born of a cordial re-
gard beginning in our college days and
continuing until this hour, instead OF in
dulging in the undeserved words of praise
with which he has presented me to this
goodly company had quoted the proverb,
not in Holy Writ, but, nevertheless,
worthy of all acceptation, Blessed are
they that expect nothing. for they shall
not be disappointed. l would stand upon
a surer footing" said Justice Lumpkin,
in replying to Col. Meldrims introduction.
Every man is conscious of at least
one of his shortcomings, and ii is hui
man nature to endeavor to conceal its
existence from others. 1t is the one I'M
attainable aspiration that makes each of
us unhappy. I have been told that the
Hon. Alexander H. Stephens, when a can
didate for the United States Senate, pro-
fessed to run, not upon his qualifications
as a statesman and constitutional lawyer
but upon his muscle. He wished to be
regarded as an athlete. l fain would
achieve distinction as an after-dinner or
ator but will fail as signally as did the
great commoner' in making reputation as
a pugilist.
The spirit of prophecy has fallen upon
the city editor of the Morning News. He
has ventured TO predict the very words
which l could use in this purely extempo-
raneous speech, If speech 1t may be
called, which speech is none, or
substance which shadow seemeIh. He
has gone so far as to put those words
in type, but even if his prophecy fail
and fail it must, since no impromptu
speech can be accurately foretold-he is
not in the slightest danger of exposure.
for /, the only one present sufficiently
sober at this hour to realize or remem-
ber what is now transpiring, will for
manifest reasons decline to give him
away Had unavoidable engagements de-
tained me from this festive board, 1t
would have then devolved upon our YER
sa tile friend of the quill to explain how
he published as delivered a speech which
had never in fact found utterance.
II alluded TO the fact that am sober,
said Justice Lumpkin. This is as it
should be, for sobrlety is an essential
| Qualification for properly presiding in
| Court of Errors 1t materially dimin-
ishes the possibility of error. The term
| Court of Errors is calculated to con-
fuse the layman and embarrass the pro-
| IeSSlOudl. 10 the IT'S llleIdl
| port would signify court constituted
| to commit errors, whereas he is, and
ought to be, disposed to regard it as q
court which can not err. The latter
| though he knows absolutely that this is
| so, can not at times help suspecting that
the contrary is true And the contrary
| is true, for these courts do COM
nit as well as correct errors; but their
performances in the first of these re-
/ llu in
| a hopeless minority.
| Seriously. 1t may be asked why does a
| court whose sole business is to correct
| errors, ever err? The answer, generally,
is 'erarre est humanum. The special
answer, as applied to the court OF which
have the honor to be a member. is: 1t
has too much 40 do to be always right.
With 1000 cases per annum. involving the
consideration. whether decided or not, of
| at least 5000 questions. and OF facts as
| innumerable as the spears of the Assyrian
| host, II would be miraculous indeed II no
mistake was ever made. None but those
within the veil know, or can know, the
anxiety, the toll. the patience. the devo-
| ton to Jaw and the earnest endeavor to
ascertain and enforce 1t, which enables
us to accomplish what we do.
"One of our most esteemed brethren re-
Gently lost case in which
Mr.. Justice Fish and dis
| scented from the judgment This
attorney had positively assured his client
that it was impossible for him to lose
this case. He said 90 me: Judge, / will
be obliged to tell my client l am id
fool oh, no. said /, that will
never do; for that would be plac-
ing Brother Fish and myself In the same
unfortunate category with yourself Just
write your client that. as now constituted
the court consists OF two able lawyers
and four others whom you are unable for
the time being to conscientiously regard
SIN conclusion allow me, without evity
but in all earnestness, to invoke from