Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-06-25
years and four months, until his reti
ment on the LIST day of July last.
Citizen. LAWYER and Judge.

years and four months, until his retire
ment on the LIST day of July last.
Citizen, Lawyer and Judge.
In addition to his duties as citizen. which
| he discharged faithfully and well; in addi-
| ton to his career as lawyer; in addition 10
| his career as judge, II is necessary TO cite
| that for nearly quarter of century be
was one Of the principal instructors in the
Columbian University Law School of this
| District. and sent out from its walls hun
| dreds of young men who but name him 10
| praise him and to express their love of
| him Moreover, he found time in the In
tervals of his ariuouS duties as lawyer
| and judge to prepare the well-known man
ual that goes by his name, Cox's Practice.
, and almost the last act, quite the last act
| OF public nature, In addition to the dis
| charge of his judicial duties. which he
| performed before retiring. was to prepare
the VolumsnouS code for this District.
| whose pages for themselves speak the la
| Dor bestowed upon them.
Judge Cox assembled the bench in March.
/ 1879, and retired in July, 1889, after ser
/ vice of twenty years and four months.
During that time he sat in every branch of
| the court and administered the law Of this
jurisdiction in its every possible phase.
AS to his duties in special term in respect
| of the exhibition of his legal attachments
| and judicial qualities ii has often been
said that touching the law. as he did at
| every point he manifested those attain
| mentS and qualities in manner to compel
| tfie highest appreciation OF MS dDlillltS anu
| character and to entitle him to the deep
| est thanks of the profession and the com
| munity.
! Attachments and Qualifications.
The enduring record of his attachments
and qualifications is, of course. to be found
| in the reported cases in which either he
| spoke for the court as a whole, or de-
| livered himself of some opinion of such
general interest and Importance as to have
| been rescued from the Oblivion otherwise
attending the utterances of a judge from
! day to day. The appellate jurisdiction Of
| the general term of the Supreme Court of
the District of Columbia during Judge Cox S
| ncumbency of his seat upon the bench ex-
| tended from March. 1879. until April, 1893
or one month more than fourteen years
| During that time he frequently sat in gem
| eral term, and there recorded in the
| reports of the court between 1I5 and $50 of
his opinions
A resume of even the most important OF
! these cases would be too long for publica-
| ton. As many of his decisions affected ma
terially either the broad principles of law.
\ the more exclusively municipal law of the
| District. the relations of the national gov
\ eminent to that of the District. or the ad-
| ministration of criminal law, at least few
| particularly notable cases are indicated.
| Dealing With Municipal Affairs.
OF cases dealing with our strictly munich
pal affairs, the first to call forth opinion
by Judge Cox was the well-known case Of
Roach agt Van Riswick. MacA. & Mackey.
III, wherein the proposition was. laid down
that Congress has power, under the Con-
| stitution of the United States. to delegate
general legislative authority to the local
government of the District of Columbia.
| The cases in general term in which the
| relations of the national government to the
| local were involved. and in which Judge
| Cox delivered the opinion of the court. are
| numerous. The first of these was the case
| of Dauphin agt. Key. MacA. & Mackey. 2B,
| in which the opinion was delivered In the
first year of Judge Cox 5 term of office. The
| decision in that case sustained the power of
Congress to regulate the use of the mails
| for fraudulent lotteries, gift enterprises,
| etc.
| Another notable de cision in this class OF
cases was rendered in Hall agt Whitney,
| . Mackey. $40. when ii was established that
| the relative rank of officers of the navy is
a subject within the control and direction
| of the Secretary of the Navy and cannot be
| interfered with by mandamus.
The "Gold Mine" Cases.
In one of the gold mine" cases which
| grew out of the establishment of Rock
| Greek Park, and which We're appealed to
| the United States Supreme Court, that
| tribunal reprinted Justice CoXs opinion
as trial Judge with the following introduc-
ton:
The discussion by the court below was
| so elaborate and careful that no useful
| purpose would be served by entering mi.
| nutely INTO the subject in this opinion. 1t
! is sufficient TO say that our eXamina ton
of the evidence contained in the record
! failed to disclose any error in the ruling
of the court below respecting the owner
ship of supposed gold mine in tract 30.
and We adopt its opinion presenting IA
| full and satisfactory treatment of the
question"
The Guiteau Trial.
Out of the many famous criminal ca ses
! heard by Justice Cox one in particular will
| occur to the mind of every lawyer who
| hears Judge Cox s.name-the world-famous
i case of United States against Guiteau
! upon which alone Judge Cox might safely
rest his reputation as a profound lawyer
and wise judge. The knowledge of This
case by the profession is universal and the
| great ability displayed by Judge Cox in its
handling is unhesitatingly recognized on
| all hands. In all the exacting DAYS of the
| months consumed in the trial Judge Cox
| held an even course. and Notwithstanding
| the multitude OF rulings which he was
called upon to make. committed no error
| preJudicial to the rights of the prisoner
| for whose blood the country to a man
| was clamoring.
One broad question raised during This
trial-that of insanity as a defense for
| crlme-WaS dealt with in an opinion of
| which it is fair to say it is almost as ia
miiiar to the profession to day as auy of
the leading opinions were in the earlier
and more formative periods of the law
ana that without dissent it is looked ,fuon
as quite the best charge ever delivered
to a jury in case in which that defense
was set up. This, indeed was admitted in
| terms -by one of the judges most bitter
critics during the vexatious DAYS of tba
trial. and it has been declared by another
un1riendiy critic to be model of lucidity
! and accuracy
Well-Informed Lawyer.
1t is the opinion of the bar of which he
was so long member. that when Judge
Cox came to the bench, as is evidenced nv
the strength of his early opinions. h came
as a ripe lawyer. and he left it as a ripeped
Jduge. He went into his retirement after q