The Washington herald., 1911-01-10

in the prize cases which resulted from the Spanish
war (the Carlos +. Roses. ~ U. s.. do; the
Pedro. Us U. s.. "a: the Benito Essenser. l.6
l.. $, 5S; the Manila prize money, 1sS L. s.. 81;
| the Infanta Maria Theresa. ls U. 83,. In the
| case of Ponce Roman Catholic Church. 20
U. s.. 96. by an interesting historical review he
sustained the proposition that the Roman Catholic
Church in Porto Rico a jurdical person whose
property entitled to protection under the terms
Of the treaty between the United States and Spaan
The Tamud compares the study of the Law to a
hinge heap Of dust that is to be cleared away.
The foolish man says: 1t Is impossible that !
| should be able remove this immense heap l
will not attempt it, but the wise man says: i
will remove 4 little to-day. some more tomorro~.
and more the day after and thus In time SHALL
have removed it ALL II was in this spirit
that Chief Jsutice Fuller toied during the years
that he presided this court Much Of the
work Of all courts is q but transitory importance
in far az it keeps ever burning the sacred
lamp of justice to tighten the footsteps OF men.
But the labors Of this tribunal essential to tho
preservation Of the liberties Of . free people In
the largest Properties Of causes submitted TO its
Judgment. every decision becomes a page OF h1sosy
ard may become part of a ranpart against anarchy.
To this cIIrt men look for the maintenance q
those rights which our forefathers wrung from
reluctant monarch at Runnymede go years aeo'
which embodied in tho Constitution o. tne
United States. and which as essential to the
protection OF the citizen against the tyranny q
hydra headed tyrant Of the future Is they were
against the monarchs Of the past.
The lsbors of the eighth Chief Jsutiee arc over.
and his work in this court is submitted 70 the
Judgment of men. As he said 4 Justice Brewer
He died suddenly. but not the unprepared death
from which we pray to be delivered" and having
finished his course in faith be doth now reA 'ffoE"
his labnrs.
The Chief Justice responded:
Mr. Attorney General, the resolutions which you
present are consoling, since they show how
poignantly our brethren Of the bar share with rs
the sorrow caused by the death q our cherished
and venerated Chief Justice. When the shadow
which the bereavement resulting from his loss
casts upon the path Of duty which lies before rs Is
considered. the resolutions are additionally consoi
ing since they strengthen our conviction that
whatever may be infrmities. ve may always
rely upon the generous Judgment Of our brethren
of the bar If only ue bring TO the discharge Of
our duties the sinsleness Of purpose which ever
characterized the judicial labors Of our late Chief
Justice.
Those labors find an enduring memorial in the
reported decisions of the court rendered during
the long period Of his service. Their potency.
! whether in enforcing and protecting individual
right or in perpetuatins representative government
by unfolding our constitutional institutions. have
passed beyond the influence Of praise or blame
They have become the heritage Of his countrymen
for whose good he labored with untirng devotion
The darkness Of the valley Of the shadow OF
death yet obscIres vision as to render 1t I'M
possible for to attempt now to fix the result
of the labors of the Chief Justice or to define with
accuracy the scope of the blessings to his eoun-
trymen and to mankind which haze arisen from
his work. thesefoe do not attempt to supple
you Mr. Attorney General. have eloauently
made. So. also. l shall forbear to comment upon
the wide attainments Of the late Chief justice
his engaging literary fancy. his sreat familiarity
with precedents and his grasp OF fundamental
principles. l leave these special attributes. as
we'll as the wider considerations which would be
required to be taken into view m order to sym
metrically analyze the judicial work Of the late
Chief Justice not only because some other oe-
casion would be more Appropriate and some more
masterfu hand than mine be required to do justice
hrx ale<
now is only briefly to refer to some Of the more
endearing and admirable personal traits OF the
Chief Justice which were manifested to those as-
sociated with him in judicial Labor. and at the
same time to mark the attributes from which those
traits were derived and sustained
Briefly those qualities his mtring attention
to his judicial duties and the dedication which he
made to the efficient and wise performance of thoss
duties of every intellectual and moral power which
he possessed: his love of Justice for justices s.ke
his kindness. his sentleness. associated. ho.eses
with a courage which gave him always the power
feariessly do what he thought was right. without
fear favor. The source whence these endearing
and noble qualities were derived was not far To
seek. 1t was faith in the power Of coed over evI;
faith in the capacity of his fellow for self
government: faith in the wisdom Ct the fathers of
our Institutions faith. unshaken faith. IN the en-
which they established and its adequacy to protect
the rights and liberties Of the people And. above
all. there an abounding faith in Divine ProFi
deuce the faith Of Christian, which dominated
his being and welded all his faculties into a har-
monious whole. causing his nature to Be resonant
with the melody Of hope and charity. which made
him what he was-a simple. kindly. gen1ous true
brave. and devoted public servant treading with un
swcrving step the path Of duty until the tender
voice Of the all-wise and mercifu Father called
him from labor to rest, from solicitude to paee.
and to his exceeding and enduring reward.
Mr.. Attorney General. the resolution OF our
brethren At the bar will be made . part a the
records Of the oourt. In making this ordef. the
thought comes unbidden to the mind that II there
be in the future. BY either bench or the bar
failure to discharEe duty because Of the want q
honest effort to do %. the resolution viii De-
ccme the test of our moral insufhciencJ and oe
relentless instrument for our condemnation Hut
tho shadow created By these misgivinss = 1t once
dispelled By conviction that. although the CHIEF
Justice has gone before. yet doth he speak to US
by his pFecept and example. which j cannot 70
ffain from thinking will be beaono leading nceh
bench and bar to . perfect dedication q all tneff
powezs 70 the complete Discharge OF their wnoae
duty All! In the luminosity anofded by that ex-
ample and psecept. and with the benign vision gwen
by that faith which ID the proof Of things unsesn:
may the hope not Be ipduleed in that the resuh q
such egnseesatsn to duty zip enable us TO BE-
hold continued righteous administration OF mstiee
. preservation of oar constitutional government. the
fuctincation Of all the activities d our vast coun
ty for the beuedt of the whole people. the ahadine
Of tRnauility and harpincss in all the homer q
all land. and the continued en1cgment ~ ~
our Nbuntrymeu Of individual hoerty rsoameo
Iron hcenR and safegusTded non oppseeaou.
7 Tne rssolasioos Of the bar and the rsmasn q u
Attnrney OSseral viii - spssad upou ths nanueeA
and my Other tihutse that ~ - N1DbSo4 - -