Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-07-28

power Oh the LtSiSldNule " itsf' ~ ~
regulate the cutting of forest trees on
wild or uncultivated land by the owner
thereof. without compensation to such
'oWner. in order to prevent injurious
droughts and freshets and preserve
the natural water supply of the State.
In all of these opinions his generous
intellectual gifts, his vigorous original
rea soning, the ripe fruits of his varied
experience and his robust moral
principles have been employed to
crystalize into judicial DEGREES the JUS
tice of the State which has been made
luminous by reason and conscience
and advanced to it's ends with calm de-
liberation and the dignity and strength
of impartial law. He has been deeply
impressed with the Importance Of the
doctrine of stare decisis, as necessary
10 maintain the stability Of the law
land enable counsellors to advise with
reasonable certainty and men of af-
fairs TO act with reasonable sense of
security. But he has been a progress
sive jurist in the true sense of the
term and has never hesitatsd To
recommend new legislation or adaDt =
new rule, which distinctly appeared TO
be an Improvement either in sub
stantive law or methods Of procedure.
Change is ever going on in a ceaseless
round Bewildering discoveries and
developments are constantly being
made involving radical changes il
nearly all departments of human ac-
tivity Conservative as the law and
the courts must necessarily be, they
are compelled to catch the spirit that
animates the progress of society and
to Keep in sympathy with the advanc-
ing thought and progressive ten
denotes OF the age. But il will not
fall TO come TO the younger generation
as II has To US of the older that the
principles Of simple truth and Justice
and the instructive conceptions of
common right upon which in the last
the protection of human
rights and the redress of human
wrongs must be founded. viii remain
the same from generation to genera
ton now and forever
The public press, outside of New
England. continue their laments over
the laws delay and the failure eff JUS
tice in the criminal courts. But tie
reasons for these complaints have not
existed In our State during Judse
service upon the bench. With
all modesty We affirm that in no other
state in the Onion has the substance
OF truth and right been SO rarely
sacrificed to the science of statement
or the shadow of form. and in no
other state has justice been admin
istered more promptly and with fewer
blelHishes than in the good State of
Maine
No eulogy upon the life Of chef
Justice Emery is required. He retfras
from the bench in the fullness of labor
and of fame. lie has erected his own
monument more enduring than bronze.
he deep impress which he has made
DIR iurispr1de""e and upon the
public and professional life of the
state will perpetuate his memory to
generations beyond ours and cause his
name to be inscribed among the high
est on the roll 81 Names learned lar-
lists ana honored and successful mag
istrates.
We shall greatly miss his learning
and experience IN ctr judicial coan-
sells, but he will remain through life
chief justice emeritus. and viii be
cordially welcomed at our social gath-
efinss. And in behalf of all of his
associates and the present members of
the court, l wish to express our hone
that he may have many remaining
Years of comfort and happiurss
eheered and blessed by the pleasant
memories of his stainless life of use-
fulness and honor.
As newly organized, all the members
OF the court viii cherish with rever-
ence its honored traditions in the zen
elations that have gone before. in
their constant endeavor to omit no
datS ON their part, to maintain The
proud position which our State has
enjoyed. fer the nobility of character
u IT'S people. for the probity of its
puoie officials. the righteousness of its
laws and the purity of its justice.
A poem, written for the occasion Inv
l.. i. Starret Of RocdIand which paid
beautiful tribute to the retiring chief
lustiee, was read by Hon Joseph F.
Moore Of Thomaston.
HON Eugene Hale spoke feelingly of
his long years of association with Chief
Justice Emery first as law partner.
and later in other WAYS lie praised
highly both the retiring chief justice
and his successor and said that Names
greatest hope for the future was in the
character of her judiciary