The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-02

swered at BouIder, August 1e. 1905.
The good Jd&ge first determines
the relative nn0Eal rights of the par
ties before him and then seeks a way
in the law for their enforcement A
knowledge of that moral code which
is the science Of human duty IS a
very necessary condition precedent to
the dispensation of Justice. Justice
Cunningham knew -rieilt-from wrong;
ne knew and lived a life of right rela-
tons, and thus It was a simple matter
for him to determine any controversy
That he carefully and cOmpetently ad=
justed the forms and precedents OF
the law to these ethical sentiments the
record affords ample proof. He never
surrendered a moral perception, put
fought for it, not bitterly, but bravely'
feat.
There was touch of sentiment in
all that he did, because his heart was
large-had grown large from constant
use in all the relations of life-in the
doing of every duty which he owed TO
God, his country, his nelghbor, ana
himself. There was much in his ex-
perience to put a shadow on his
countenance, but none appeared, be
cause HE kept his heart glad "A glad
heart maketh a beaming brow IN
his judicial opinions there is an occa-
sional revelation Of his emotional
nature, always in perfect control
which shows how thoroughly he un-
derstood those fundamentals of life, a
knowledge of which is absolutely
necessary to the just judge"
Chief Justice JohnstOn's Response.
In response to Mr.. Dewey's memorial,
Chief Justice w. A. Johnston read re-
Spouse on behalf of the bench which
was in part as follows:
1.-The eloquent tribute of Mr.. Dewey to
the memory of our deceased brotner
Cunningham has been listened to by the
court with deep interest and sympathet-
-. ,5.,ts n 10
added to what has been so fifty and truly
said. When death entered the court for
the second time in its history and took
our brother from the bench the court
and the profession sustained loss
which cannot easily be measured. Fof
more than a third of a century he was
actively engaged in the practice of the
law and his professional career was
marked by close application, steady
growth and a high sense of the moral
obligations which rest upon lawyer
During that time he appeared frequent
~ in this court in varied and important
litigation and his learning, integrity and
fairness gained for him the confidence
of the court the respect of his oppon-
entS and the esteem of all. His repuIa-
ton as a lawyer extended far beyond
his place of residence, and when the
membership of the court was increased
by constitutional amendment, the gov
ernOr himself a lawyer who understood
nifty of the judicial office, named Judge
Cunningham as one especially fitted for
the place-an appointment which was
twice ratified by the people at the polls.
It is a striking fact and one which IL
illustrates the vieissitudes. of life, that of
the seven judges who constituted the
Ereorganized court in 1901, only two re-
main on the bench.
His was a fine quality Of moral cour-
age and, while he greatly desired to
have the esteem and confidence of the
people, public clamor or fear of results
could not move him from the path of
duty, nor drive him into course that
would be in conflict with his conscience
and judgment. He never shrank from
the consequences of a decision and was
even willing to share responsibility for
some in which he did not participate.
Shortly before his death a case of great
public interest was determined which
provoked some criticism, and he sent
heroic message from the sick-bed in the
mountains, saying that the judgment OF
the court accorded with his own and.
that he wished the public to know that
he was willing. to assume the RESPONSE
bility of making it, .a