Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1911-06-28
Resignation Of Chief-Justice Emery

Resignation of Chief-Justice Emery.
On Monday Hon. Lucilius A.
Emery, of this city, sent to Governor
Plaisted. letter resigning the Office
of chief-justice of the supreme judi
cial court of Maine.
To friends in Ellsworth, and to the
legal fraternity throughout the State,
the resignation is no surprise. Chief
Justice Emery unoficially announced
last year his contemplated resignation
this year, and for some time it has
been known that he intended to re-
sign this summer.
At the last April term of court in
this county, the Hancock County Bar
association, with the knowledge Of
Justice Emery,s intended resignation,
did very graceful thing in suggest
ing to the county commissioners that
they extend to Justice Emery the free
use, on his retirement, of the office in
the courthouse now occupied by him.
The county commissioners readily ac-
cepted the suggestion, and extended
the courtesy.
1t is source of qualification to his
neighbors in Ellsworth to know that
Justice Emery will retain his Office
and his residence here. They con
graduate him upon his self-release
from arduous judicial duties. He has
attained the highest judicial Office in
the gift OF the State, and filed it with
distinguished ability. He retires with
mental faculties unimpaired, and with
degree Of physical health which
promises many years Of valuable, II
private, service to his State and to his
home city.
OF his resignation the Lewiston
Journal says:
After upwards of q quarter century of dis
tinguished service as justice of the supreme
court Of Maine, Hon. L. A. Emery, for nearly
Eve years chief-justice OF our highest court,
places his resignatio in the hands of the
governor to take effect July 26.
Those present at Bowdoin college at the re-
cent celebration of the semi-centennial OF the
graduation Of the class of 1851. were reminded
by Professor Fernald-assigned to speak for
the class at the commencement dinner-that
Chief Justice Emery's notable career on the
bench promoted an epoch in the history Of
public utilities in the nation by creating that
epoch in Maine.
Prof Fernald on commencement day aptly
declared that the opionion OF the supreme
court Of Maine on public utilities, understood
to have been written by the chief-iustice,
places property in right constitutional re-
lations to man. 1t is mot too much to say that
outrageous perversions OF property rights
by the feudaI:zed barons OF "The Almighty
Dollar. hardly could have reached the Maine
anti-climax Of railroad tax rebates and other
tax-injustice in Maine had the opinion OF
Names supreme court touching the legisla-
tive right to condition the use OF private and
corporate property in forests come . genera
ton EARLIER.
The Maine courts opinion was warmly COM
mended by the President Of the United States.
1t was fortunate for the State that this opinion
came early enough to pave the way for Gov
Fsrnaio's splendid and successful effort, frst
in the history Of this commonwealth. to con-
dition the development and use Of water
power. But for the opinion, on which the
Maine court was substantially unanimous,
constitutional reactionaries who long have
perverted common and uncommon law, would
have further prevailed, and this common
wealth probably would be to-day At the
mercy Of those who have got rich out Of our
common heritage. But for this opinion we
should surely yet be told that it is constitu-
fional to dodge the constitution ~ in rail-
road tar rebates, but unconstitutional to obey
the mandate Of Law and gospel that man
Antedates property.
When Professor Fernald, Ut the Bowdoin
and our courts opinion ON public utilities
hood ahead Of all other assets through legal
and constitutional Interpretation, . thousand
alumni Of Bowdoin college broke into signin-
cant applause, and there was provide initial re-
Of Justice Emery's great service to
his State which. after request :os President
Hyde and In the Governors absence, the
Chief Justice represented. Fifty years
earlier Emery, the. Bowdoin boy, received his
piece, in the Old Brown church, hard by
recently paid him tribute.
Justice Emery's nftieth academic birthday,
however, was symmetrically celebrated In
honorary degrees conferred by his alma
mater on his son. Professor Emery. chairman
Of the tari6 board, and ON his daughter, dis
tinguished scholar, successfully identified
with archaeological and classic research.
Justice Emery's scholarship WAS recognised
on the graduation stage Of Bowdoin 6fty years
ago. At his graduation from the bench he 10
endowed By other scholars with unique and
unonacial degrse-scholar OF Law. Though
for years Justice Emery has been close stu
Dent Of iurisprudence, he has, meantime.
Itudied the larger concerns Of the common
wealth. particularly needing social and
phenomena
It would b. helpful to the State could he
now set forth his views Of corporation law
For example ~ would like his interprets-
lion Of Msine's sinister corporation law
which in our judgment contributes 10 the
rsasury Of Maine funds quite - tainted -
rould be those Of high license In frog II