The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-02-28
MEMORY
OF A JUST NAN
JUDGE AUSTIN H. YOUNG EULo.
GIZED BY BAR ASSOCIATION.
Judge Fish Tells of Fearlessness at a
Time When It Seemed as Tho Judge
Xoung's Career Must End if He Per-
formed His Duty to the State.

Few members Of the Bar associa-
tion Of this city have received more
sincere and genuine tributes Of respect
than In = th % paid to the late Judge me Aus
mittee appointed to prepare memo
after reciting briefly the important
facts in his history, paid high enco-
MUM to the deceased for that lofty
type of citizenship which he exempli-
field in this community for nearly forty
years. Speaking Of him in the judicial
office, the memorial says:
Judge Young was firm, alert, dign1hed
and impartial. His mental processes were
swift-too rapid sometimes for the SOM
fort of those who mistake the forum or
dalned for the just settlement of disputes
for a place in which to continue the quar-
rel Amidst the clamor of controversy he
caught the calm voice Of Justice and re-
joiced when it fell to him to give effect
to her counses. He was faithful to the
public as we'll as to the law. -
In his private life, our revered friend
was indeed faultless. If he ever wronged
any man, that man was himself; for he
did oftti1nes forego his own rights, in the
fear that an undue share of some burden
might fall upon another. In all else he
was wholly fearless; in moral courage
heroic. His standard of duty of the
highest, yet he was never censorious; he
was full of charity toward weaknesses
from which he himself was free. In this,
as in other things, he not only protested
christianity, but walked humbly in the
Christian way.
The memorial, Of which the above
is a brief extract, was presented by
Judge Fish, who was at one time a
partner Of Judge Young, and who spoke
genuine tenderness of feeling of the
kindliness, the helpfulness, the gracious
late friend. One paragraph is of spe-
cial interest for the history which it
contains. Speaking Of Judge Young's
resolute and unfinching adherence to
personal convictions, Judge Fish said:
recall with lively admiration one illus
trative incident of his career, remote
enough in time to be new to some now
present. The late John S. Pillsbury, then
governor, had determined to rid the state
of the disrepute into which it had fallen
| thru the adoption of constitutional
| amendment prohibiting the passage of any
I act for the payment or compromise OF
claims without submitting it to popular
vote. Millions were involved, and little
had been received in return. OF course.
no approving majority could be secured
might be held unconstitutional, a bill was
passed in 1860, creating a special commits.
sion, composed Of the justices of the SUI
preme court, to consider all questions in
volved and, If found legally practicable
| to pass upon and approve any equita BILE
mode Of settlement to which the claim.
ants would consent. And If any of thu
justices for any reason should refuse tt
act, as in fact all Of them did, the gov.
ernor was authorized to appoint district
judges to sit in their places.
1t was a time to try the stuff Of which
men were made. Any judge might exer.
else his legal right to decline this extra
T. judicial irksome and dangerous office
a Popular feeling h1gh-nen dependen
upon votes for position hesitated: tn
senior judge of our own district refused
to serve; it was widely believed that TIL
, purposes Of the act would fail for wan
of judges willing to incur the odium o
forwarding so unpopular a measure. Blu
Judge Young promptly accepted. Largel,
thru his example, others consented AM
, the tribunal was made up with our mod
, est, brave old friend at it's head B.
, means Of this action, the supreme cour
was compelled to take cognizance Of tn
, question, the constitutional amendmen
: was declared void, the extra session Of IL
, authorized an honorable and acceptabl,
| adjustment, and the fair fame Of stat
,, was redeemed. And for the credit of on
people, and the reinsurance of all timi,
political souls, let me not fai! to add tina
! none Of those five fearless judges eve
. | suffered any loss Of popular support be
, cause Of their acceptance OF a plain, pat
! riotic duty. 49,.