The Montgomery advertiser., 1906-05-15

of bis association with him here he 1 learned fo revere and honor him for his fine mind and wonderful knowledge. As
 judge he Yss 1ui iiess sna to sprs pwhieh dhe the State may look back Tor all tune with | credit and satfsfac.ion.
 The address of MT. strinsfellow was | the last outside the men Of the tench. | It was thought that there would be a | talk by Judge H. M Somervil1e of New York, former member or the bench,
 1ho was he Sad nG, the Justice in life were former Court Re porter Phares Coleman and ex-Attor- ney- General Martin.
 Cnfef Jusrsce ssespona..
 Chief Justice Weakley, on behalf of the court, responded as follows:
 "rhe court has listened. with sym pathetic Interest. to the reading of the resolutions ana o ana ne mebers oy oy tbe tbe bar ,expressive of their high esteem of the character and public service
 of the late Chief Justice Justice Mcclellan. ,h,o vailed when the fatal termination of his illness was announced.
 "All that has been written and spok- en in praise of his qualities both as man and judge. strike a responsive chord in the breast of each and every member of this court; all of the judges. sither from assoeiatl0n W,n nl% nsre pracficed before him, for the entire per- l fod of his judicial service. feel a Keen Of loss fisd that ne ns has been which he rendered the people and the Jurisprudence of the State such inest'm-
 aTbs public life of the late Chief
 Justice is known of all men: 1t has. as far as we can ascertain, no parallel in the annals of the State. From early
 series of successes and promotions. fol- | lowing each other at short and rexu-
 lar intervals. culmfnating in his appoint
 ment to place on his bench s,tn,sa at the age Sn lchancery. state senator. attorney gen erai of the state and associate justice: and then. at the age of forty-five, Chief lreputation and public esteem with each lnew trust. it was. however, as a judge Iof this tribunal of last resort that he
 the tn werk Gs papdy as ams and ton. nj. varied learning his gift for
 clear and vigorous writing. his powers | of augmentation and analysis. his stern Integrity. high. conception of tho dignity of his position and rigid im- ! partiality, he erected to himself an priceless service to the state of his birth. As a minister of justice, he had | the confidence of all the people. and In his death all the people mourned. Ideal Chief Justice.
 Judge Mcclellan was an ideal Chief Justice. Measured by every requisite | for the position. he seemed created for | the place, Who that has seen him on ] the bench, or as he lowered above the mass of his fellows on some public oc- casion, can ever forget his striking and Imposing personalities. Possessing none
 the arts and he eons eary Sl wo and always held. the confidence. not
 only of the bar but of the masses of the people, who never withheld an expres- -f AM&r fu W nnnnrfnnltV for it's expression was afforded. Ills l very presence and appearance carried conviction to all beholders that an ex- When he took his place at the head | of this court all felt and knew that the man and the occasion had met. This is not the time and place, ,ana snr
 an aralysis of his Judicial record. or
 for comparison of his opinions With
 each other and with those of his as-
 soeiates or predecessors. with view Ito estimating his contribution to the Ijurisprudenee of the state, or to study Hts growth and evolution under his guiding hand. It is hoped that this labor Of Iove--the portraiture of his Judicial record and of his personal aual- lities--wiil. in due season. be perform
 by s sGms sospss a@ste eps aSe or purposs who will write not alone of his charm in private life. when tempermental re- serve was laid aside. but will be able
  be measured by the Jurist and theoreti- cal student of law. It Is enough now | to say, that the lawyers and judges or
 his time have placed him in the very | front rank of our great ministers of peculiar combination of qualities. have
 assigned to him the place of 'primus
 @Th5se who study his decisions will Hind. that, when called to the bench, ai- though younger than most men are when they reach this high judicial sta, tion, he was in a condition of perfect preparedness. His service as register | in chancery and his practice in the the forms of Judicial proceedings. and with the details and routine of court procedure. As senator he had learned how laws were made; snd d,d,ciai as atISa nos, ton, he had, in the preparation of op. inion to the department of state and of briefs for. this court, acquired tne style and habit Of clear and forceful aw-writing. His earliest opinions tand he never lost his vlgor or purity or English Judicial composition), are won |derfully precise and accur# te, well con ceiyed and happily expressed; those he wrote in the first half of his service or nearly seventeen years Tn tnis court, wrote, or with any that any judge, at any time, ever wrote, in all the realm of American and English jurisprudence. That he lost nothing oy % eomparri,s,oSs r,s,es
 
 Justices Brickell and Stone. with Dotn of whom he was associated at different times, Is the highest praise that men can bestow upon him as judge.
 "Chief Justice Mcclellan would nave adorned the office of Chief Justice or the Supreme Court of the United states. and had he lived in England. might well have aspired to be Lord Chancel- Tor or Lord Chief Justice.
 ''Personally Judge Mcclellan was disnified, reserved and undemonstra- tive: some may have thought him cold or indifferent. The exacting nature. of
 his laborious duties left him 4.-Lie time or opportunity for social intercourse or enjoyment of the delights of friend ship; but all those whom good fortune Icompanionship bear willing testimony to inc tenderness of his heart, the lcharm of his conversation, and the rare quality of his personal characteristics. The life of such a man is an inspiration; his death a public calamity. Who can estimate the record he would have made and the further service he would have rendered the state, had a kind Providence permitted him to live out his natural expectancy. What marvels of learning and logic his fertile brain would have produced for the enrich ment of the judicial reports of this
 "The resolution will be entered upon a memorial page of the minutes of the court, and those resolutions, as well will, according to the time -honored GUS tom in such cases, be published in volume of the reports of the decisions of this court"
 Justice TysOn's Tribute.
 Following the Chief Justice came
 Associate Justice Tyson.
 MT. Justice Tyson said: