The Birmingham age-herald., 1906-02-20

The law officer of the state was MT. At torney general Mcclellan. and as l then saw him for the first time, as he submitted causes on behalf of the state, I thought him as fine a specimen of physical manhood as my eyes had ever beheld if indeed. I had ever seen his equal in superb and well propor- toned physical endowment. He was then in his thirty-ffth year, with a long period of faithful public service behind him. He was tall, erect, broad shouldered and full-chested, with finely-shaped head which he carried with admirable poise. His features were cIean-eut and his face had the stamp and outline of Roman patri- elan. Who that has seen him on the bench, or as he lowered above the mass of his fellows upon some public occasion, or in some assemblage Of law yers, can ever forget his striking per sonality? It has been said of Daniel Webster that when he walked the streets of London, persons seeing him were so impressed with his majestic bearing and the dignity of his countenance. that they stopped to inquire what royal person. age he might be. The report is that they yielded a ready acqulescence when told that he was "an American king. Un- der similar circumstances, the same ap- pelation might well have been applied to Justice Mcclellan.
 In the spring of 1889. when the fourth
 CrpatRd hV leg islative enactment Hon. Thomas Seay of Hale was governor. and upon him de- yclyed the duty of selecting a man TOT the place. He had served in the senate with Judge Mcclellan, and it was known that the governor entertained hign opinion of his legal ability and htness TOT Judicial duty. The governors thought at once turned to his attorney general ana former senatorial associate, and other ih- fuential persons being minded to cham pion the cause of the governors preter- ence, he was at once appointed. AL the early age of 36 years, Judge McCleiiah took his place on the bench, In com pnny with it's three distinguished occu- pants, and the fact that he fully met HI of the demands of the position, without loss of prestige or reputation' Ill uahs association with judges of great ieariiiiis and experience, by far his seniors III vears is as high a tribute that can De psid to his ability as jurlst ana HIS success as a judge.
 The time is not yet ripe Tor iuii analysis of his judicial record, or Tor comparison of his opinions with eaoii other and with those of his associates UT predecessors, with view to a, reanza- tion of what he contributed to the Juris- nrudence of the state, and the exact place he will ultimately be accorded among aii of the great judges of the ante-peiluih or nost-bellum periods. whose names read uv arise in the mind of the lawyer, as his thoughts run over the Alabama re- ports, from the beginning until now. NO doubt this labor of love-the portraiture or his personal qualities and public llle-"ili he performed by some of his moro lhu- mate friends and associates, who can not only write of his charm In private ne when temperamental reserve was laiu aside but will also be able to review ms decisions as they will be estimated by the iurist and theoretical student of law It Is enough now to say, that the law yers of this state have placed him Tn the very front ranks of our great judges while many have, by reason of his peculiar combination of qualities, applied to him, as best describing his rank, the title "Prlmus inter pares."
 A few thoughts occur to me as prop CT now to be uttered of him. The stud ent of his decisions will find that when called to the bench, although much younger than most men are when they reach high judicial station, he was in condition of perfect preparedness. His service as register had familiarized him with forms of judicial proceedings and with the details and routine of legal ad- ministration. AS a senator he had learn ed from experience how laws are made, and as attorney general itself a quasi judicial position, he had in the prepara- ton of opinions to the departments of the state, and of briefs for the supreme court, acquired the style and habit of judicial writing His earliest opinions are won derfully precise, accurate. and in the best