Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1911-07-19

1 49, S8Ss~~ - D~e0p 49, oD~eS-
and othse oDesgs Of PsaeAscos oounty
paid The stsnogsaphse to write II out thst
they might havs II for uss = tsxt.book.
A attornsy-gsnsral Of tn Stats and
. insmbsr Of it, suprsms court, Justice
Emery has bssn connected with soms Of
the most important cases Maine has
known. While attorney-gsnsral hs prose-
cuted Edward Smith, Of Buckspoet, for
the murder OF Elisha Trim and his
daughter in Bucksport. Smith, II viii be
recalled, was killed by another convict in
the State prison about thrss ysars ago.
This was . remarkable case in many re-
spects. There was not particle OF direct
evidence. Blood stains figured conspicu-
ously In il, while the settling whether
or not the blood upon smiths clothing
came from . rabbit or . human being,
was an important factor. This was the
first time in the Maine courts that the
question OF the blood stains, whether
made by human or animal blood, was ever
raised. The case was tried in the city OF
Ellsworth in old city hall, and fourteen
days were occupied by it. Chief-Justice
Peters presided.
1t was during his term as attorney-gen-
eral that the constitutionality OF the law
to tax railroads was established. This
was advocated by Governor Nelson Ding
leg, as substitute for the old law taxing
stock in the hands of the holder, and JUS
tice Emery was q member OF the legislR-
ture which enacted the law. As attorney
| = n. 49, ~ S<~~ ) \ <,s>l-
lection OF this tax against the Maine Gen.
trail. The Maine court sustained the law,
but the railroad appealed to the supreme
court OF the United States. Justice Emery
conducted the case before that high court
and the decision Of the Maine court was
sustained This Gaze 10 to Be found in the
eeth Maine report and the s5th United
Maine Central.
As . justice Of the court he has written
many opinions which have attracted At
tention. Probsbly the most important Of
these was that handed down In 1910, In
answer to the question propounded to the
court by the State senate - to the right OF
the legislature to control the Wild lands
and timberlsnds OF the State. This opin-
ion held that the law-making body Of the
State had such jurisdiction.
Another important opinion handed
down by Justice Emery-important be-
cause it settled = principle Of law-wss
in the case Of Dempsey vs.. Sawyer, which
settled the distinction between contribu-
tory negligence and assumption OF risk.
ovud sr. ha psa1 ~
cases, Chief-Justice Emery, since his ele-
walton to the bench, has done the bulk OF
his work during the morning hours. His
daily routine Of life has been about Is fol-
lows:
He rises early in the morning and after
q cup OF coffee reads until breakfast time.
His reading usually is along fixed course
Of study, such as history, science, etc.
After breakfast he retires to his law cham
bers and works upon the cases which he
has in hand, writing opinions, looking up
Law and blocking out opinions to be read.
Then he has lunch and rests from thirty
minutes to an hour and returns to the
chambers, where for an hour or an hour
and 4 half ne devotes himself to work as
bors OF the day.
At its end he starts for a long walk,
his fsvorite exercise. These walks are
not short, either in duration or dis
lance, for they occupy the period between
the end Of the days work and the dinner
hour. In the evening he devotes himself
to recreation, reading light literature,
whist, conversation or such pastimes rs
the day brings. Up to within q few
years the chief-justice rode . bicycle, and
ing il very beneficial exercise.
In the preparation Of his opinions on
cases, Justice Emery always is most palms.
taking. After carefully considering all
phases OF the case, studying all the law he
can find upon the subject involved, he
drafts the opinion. Then with great care
he writes it out. When the written opin-
ion is completed, he plAces it in his desk
to remain for period OF ten days or two
weeks. During this time he takes up and
works on other cases. At the expiration
OF the period mentioned, he re-reads the
opinions and carefully considers the law
to see II he can find what TO him appeared
to be daw in the Law q laid down in the
opinion.
And" says be, ''do you know fire.
quently find that have reached differ
ent conclusion during tbs intervening
time, from what heid whom writing the
document originally"
From his earliest days q . lawyer, Jus
tics Emery bas bssn arm believer in the
value Of dineeutinR oninions. At the tim.
hs went upon The bench, this was mot
highly regarded BY tbs profession. It was
then thought that thsrs should b bar
mony among the judges, though to-day
this il changing, and lawyers, - we'll ~
judges, arc beginning to regard the dis
sentsr - an important factor In the estsb-
lishment Of the correct law. Discussing
this the chief-justics recently said:
II believe in the dissenting opinion, and
hava fpaalv hfsa k~H kho~~ - 49,. -