Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1904-06-22

say, Il cannot dare to know that which know"
while another more quick sighted because
anxious to believe, exelaims, Seems Madam
nay 1t Is. know not SEEMS" He rarely. If
ever, referred to his beloved Shakespeare by
name but always as 1.-THE great poet". or 1.-THE
great dramatist".
While insisting on the right. OF the court and
the respect due the judicial Office. he also main
tanned the rights of the bar. While his rulings
were positive, he never made 1t difficult or dis
agreeable to obtain review of them. In the
law court never anxious to have his
rulings sustained. Indeed l recall a case IN
which he was the first to point out the error.
He encouraged the most friendly relations
between the bench and the bar, relations OF mu.
tual con 1dence and helpfulness. He regarded
both bodies designed to work together for
the establishment of justice. lie believed pleas
ant, social relations to be helpful TO common
work, and was a willing and welcome guest at
all the bar reunions. To him as much as an y
one | think Is due the encouraging loyalty u
the court which the bar so pleasantly exhibit.
1t remains to speak for a little of his admins
traiion chief justice of this court, as seen by
his associates. lie fully recognized the duties
well the dignity of that high office lie
was solieitous for the honor and dignity of the
court and every one Of its justices. Like
Dumas Three Musketeers, with him Il Wa,
zone for all. and all for one. He had no
jealousy of any associate. Under him as under
the present chief justice, there were no ciques
cabals nor jealousIes in the court Then, as now,
reason and argument only were used and
| openly; no other inducement was suggested 10
obtain a concurrence
| He never made dissent from his most pro-
nounced opinion disagreeahle to the dissenticuS
/ He encouraged the utmost freedom OF dissent
10 consultation, though he deprecated the
| publication of dissenting opinions. In this he
differed from some justices, notably Of the
| United States supreme court, who holds that
| occasional publications of dissents are justified
and even desirable.
! He sought to keep the court in high state Of
! efficiency, and to evenly distribute the pleasant
and unpleasant parts of the work among all the
justices. he taking his full share. By his kindly
nature and tact he preserved the harmony and
unity of the court He was pleased aud showed
his pleasure at the good work of any associate,
and was glad to know of It's appreciation by the
profession.
He encouraged and stimulated Us all. He IN
cuicated the truth that each justice has much to
do In elevatiug or lowering the court in public
NNN
for all. His wit and humor and social tact en-
abled him to relieve the tension that must some
times occur among earnest men.
When sometimes in consultation wide diner
ences of opinion appeared, and in the eagernes IS
of maintenance there was. though rarely
some danger OF forgetting courtesy, he would
open the safety valve by some opposite story or
witticism, aud normal good humor was at once
restored. He won the affectionate confidence as
well as the respect Of his associates. He held
himself as simply primus inter Pares, the
brother specially charged with the welfare OF
the family.
When Chief-Justice Peters finally resigned
from the bench in the ripeness of his years he
did not lose his interest In He was sill
soliciious for the honor and efficiency Of the
court. He rejoicsd at honorable salaries being
at last allotted the justices though too late fol-
him to share. He was still glad to advise and
assist. On my files are many letters from him
suggesting solutions of troublesome questions