The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-08
A FINE TRIBUTE.
Judge Phillips Honors the Late
Justice Brewer.
Says Nation Loses a Great and
Good Citizen.
nan AS WELL ASJUDGE
eloquent Words of Veteran
Jurist at Memorial Meeting.
A Bright Example Of Public and
Private Life.

Leavenworth, Kan, June S.-Many
who heard and some who did not hear
Judge Phillips eloquent tribute to the
late Justice Brewer, pronounced from
the bench in the United States district
court Monday, have expressed disap-
pointment that it had not been publish
ed. 1t is said to be one of the finest
of the many tributes to the memory
of Leavenworth's most distinguished
citizen. The address of Judge Phillips
is in part as follows:
THE passing of such a man as the
late Justice Brewer has excited some
reflections which I cannot on this Oc-
casion refrain from uttering. No mat
ter what our notions may be, born OF
our Democratic institutions ano habits,
the ceremonies at the recent funeral OF
King Edward the VII of Great Britaln'
were most impressive in thear dlgna-
fed solemnity. 1t was more than a
grand pageant, for it spoke nations
reverential respect and deep-toned
sentiments. Doubtless the great king
was worthy of his exalted office, and
his imposing personality nerited the
formally expressed grief of the KING
dom. But that which most impressed
me was its illustration of the character
of that people. Although their boast
is that the drum beat of her armies
is heard around the world-that she Is
mistress of the seas, and although com
nerce and trade may be said to be the
shibboleth of her power, yet, we must
admit that the spirit of commerclanSin
has not eaten out the heart of her peo-
ple deadened their sense of reverence,
or lessened their devotion to ideals OF
human greatness. In the presence OF
the death of her statesmen, puollclsts'
poets, historians and scholars, 1t is Cd
servable that her people come 10 SOL
emn pause, expressing to the living
that the mighty in their midst have tall,
en-. that their virtues should be recalleo
and the memory of them perpetrateo'
rather than the harsh refrain let the
dead bury the dead, we have 10 90
only with the living.
I'm the death of David j. Brewer
the republic lost one of it's greatest
jurists and citizens; for his was ca
reer rich in rare fruitage, a brlght
exemplar of what is best in private anu
public life: a jurist whose learning,
transcendent ability, broad patriotism
and lofty conception of justice, gave to
the profession and the nation vol
umeS upon volumes. written IN lmper-
ishable gold, constituting safeguards OF
Constitutional liberty, of the rights OF
man and the inviolability OF private
property The wisdom of his counSelS-
the stability of his Judgment, and ms
personal integrity of purpose made MN
one of the mighty forces that heIo Sc
cure the supremacy Of constitutional
authority and the popular assurance Oh
the beneficient protection of the law.
With him at the helm every lnleil1-
gent citizen felt that under his guild
ing firm hand. the ship of state would
outride the pillows, however tumultu-
Gus, and safely anchor in port.
Colleagues Not at Funeral.
"And vet, when his eyes forever
closed on the court record, ana the
tongue that instructed and commanded
was forever stilled, and the pen drop
o.
ciates on the bench could not get away
from the insistent cla1nor OF htlganls
and the onrush of business long enough
to follow his casket to its last stop.
"Only a few followed him over yon-
der. to the beautiful city of the dead,
while the heavens above, as if in grief,
rained chilling drops on the scene.
twenty-five years ago his warm
helpful hand welcomed me to the Ieo-
eraI bench. His learning guided me,
and his deferentlal consldeT ro a,1u
courtesy encouraged me. 1 then learn,
ed to respect and admire him, ana
neither time nor distance have lessen
ed the force or cooled the warmth OF
that attachment.
ssFIis was a masterful mind, a doml-
nant spirit, that rose by the force or
specific ascendency, that convinced Dy
resistless logic and persuaded by the
manner and quality of presentatlon-
The light of his genius seemed 10 us
pei the darkness that now ana tnell
gathered over and about troublesome
cases: while obstacles, that to otner
minds appeared to be unsurmountaple'
vanished before his infinite capacity
for labor and power of circumVent1on.
with a capacity and a taste, as IN
finite as select, he explored the woe
domain of literature, history ana
nhilosophy. and garnered what was
richest and best for use. With a charm
of voice, a gift of imagery, and a mar
velous affuence of speech, he dehghted
while he instructed men and women OF
high erected thought He was prince
among gentlemen; and with race tnaI
smoke a warm, friendly heart beneath,
and a manner void of ostentatlon or
affectation, all greeted him as nan Iet-
low we'll met He scattered the sun
sbjre of cheer and gladness whenever
he came and wherever he went. When
will we see his like again?
Farewell to Bar.
~c.ent1emen of the bar, this day Will
end nv appearance upon the oench OF
this state where l nave Deeh ConlInS
as humble minister of justice for the
10 81 twenty wears or more. cannot IN
Justice To nv own feelings leave this
bench without expressing to you my
reaI annreciatfon of and gratitude for
the uniform respect and kindly consid-
Grafton the bar of this state nave ever
shown me in my connection with II. l
will carry the recollection OF II as :,
sweet memory into private life 1t VIII
also ever be a pleasant thing to recall
that among my last utterances from
this bench was the sincere If Imperfect
tribute I hav; paid to so great man,
and good a friend, as Mr.. Justice Brew
err