Arizona republican., 1911-10-15

!
United States. Nearly thirty-four
years, therefore, this great man served
his country in one Of the most re-
sponsible positions in our govern
ment His death yesterday was not
unexpected. but the country's sense
Of loss will not be lessened because
the end had been anticipated.
OF all the great jurists who have
adorned the supreme bench of this
country, Justice Harlan viii rank as
one of the best. In later years he
had become known as the great dis
senter." and he seemed happiest when
delivering an opinion dissenting from
the views Of his associates. And he
was happiest Of all wien delivering
an opinion in excoriation Of the I'M
bridled commercialism which has
of the common people against legal
lied greed. First and last and
throughout his service on the bench.
he was the warm hearted friend Of
the poor and the oppressed. To the
very last he retained his marvellous
clarity Of intellect and his superb
command Of biting English. which
enabled him to write opinions that
the man in the street had no diff
Guilty in understanding. He was a
master at sweeping away sophistry
and stating questions at issue 50 that
there could be no mistake as to the
principles involved. Nor was it nee
essary for him to retire to his study
to do this. Orally from the bench he
would state his views in such form
that his written opinions deviated but
this Of course required an unusual
mind. and Harlan's was a great in
tellect. And like all really great men
in this country, he was wholly demo-
cratic. Vanity and pomposity were
not necessary for the protection of
his fine and natural dignity. Es
pecially was he a friend To young
men. As a lecturer on constitutional
law at Georgetown university. Wash
ington, he came into personal contact
with scores Of young law students. all !
Of whom became his warm friends |
for life He had an excellent sense Of |
humor, and was exceptionally kind |
hearted. The writer recalls an Incl |
dent related some years ago by a !
young lawyer, then a member OF the |
Phoenix bar, who had become de-
,otedly attached to Harlan while a
student at Georgetown. The time
vas approaching for the young mans
inal examination for graduation, and
he and the great justice were talk
ng a night stroll through the streets
II the town. Harlan approached the
subject in the mind Of the young
nan by saying, John. give me a
haw Of tobacco, will you?" He then
proceeded: Now your examination
ONES up tomorrow, John, and ! can
ee you are nervous. I have watched
our work. and know you are quail
led for admission, but you may
ct ratified and technically fail I'd
e mighty sorry if you did Now
II tell you how TO flabbergast those
hammers in the oral examination. ]
When they ask you to tell the mean
lg of a demurrer, you tell 'em the
leaning is: Yes, and what Of it?" =
nd when the time came to tell
hat a demurrer was, the young fell "
wv followed Harlan's advice and so :
pset the examiners that the re-
lainder of the examination was
lperficial-but the applicant passed.
Where will Mr.. Taft find the man 4
n Harlan's shoes? No president in
he history of the republic has been
allied upon to appoint so many JUS
ces Of the supreme court as Taft
lis is the fifth vacancy which has
,curred since he became president .
and it is fortunate for the country
lat we have in William II. Taft a
an supremely conscious of the great il
,sponsibility devolving upon him in b
lese appointments president both
and capable of discharg .
e the duty with satisfaction to the C
,untry But with all the presidents Il
'knOwledged faculty for finding the o
ght men for judicial positions. he :,
i'll not easily find a man who will a
easure to the stature of jain Mar Il
lall Harlan. 4