Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-08-26

men would have been impossible. Fl
took up his work with care and con
science, il is true, but simply, quiet
~, unostentatiously. with no attemp
TO call attention to its stronger fea
lures. He made no parade OF hi
opinions in an attempt to win popu
ar applause or favorable comments
Of the press. Without blazonry o,
sound of trumpet he submitted hi!
work in its entirety to the people II
be guaged only by the test of 1T
merit. In view Of what is so general
~ known to the bar of this state ant
what has been or will be repeated
many times in the course OF these eX
e~rcises. it is needless that refer fur
Their to the quality of MS work; OF
speak again of the unanimous ap
prevail which it now receives. Suffice
It to say at this time that this approx
II was not a sudden and spon
taneous outburst; but a slow growth
that has arisen gradually in the
course of years from a profound CON
viction of the great value and high
quality of all that he has done.
For a space of ten years | practic'
I'd before the Supreme Court OF which
sor the greater part OF hat period
Judge Morgan was Chief Justice. For
two years | had the honor to be asso.
c.ated with him in judicial service.
My opportunities for observation OF
rs character and quality. while not
wholly exceptional were nevertheless
yerv considerable. | wish to remark
only those points in his character
which, while not more excellent than
any others, were the features which
most impressed themselves upon me.
The first of these was the strict
of his mind. The word
im0artiality. like the terms dis.nter-
and strict justice, seems to
imply a certain %austerity, Goodness
A placid and lofty view which raises
him who entertains it far above the
level of the one upon whom it
operates. In this ordinary acceptance
II the terms, however, nothing could
be more utterly foreign to the char
acter and disposition of Judge Nor
gan. While he never compromised
principle was involved and adj
hered at all times strictly to the
straight and even course OF impair
tial justice, he so tempered his acts
by a deep sympathy. uniform court
asy and temperate view Of all phases
Of the most heated controversy that
even the most sensitive natures with
he came in contact did not SUI.
Ter offense. | do not mean that his
judgments were at all times univers.
all accepted by all parties as exact
demonstrations of the principles OF
Justice. | mean to say what believe
Is now universally accepted as the
truth, that those VINO differed with
Judge Morgan in judgment, by the
honest directness of his methods were
impressed with the thought that while
his opinions migt not always stand
the close test of reason, they never
theless at all times represented a fair
nean or average Of the clear, kindly
and sympathetic judgment Of a dis
Interested friend.
Another characteristic quality OF
the mind of Judge Morgan was it's
steadfastness. His mind was thor.
we'll balanced and in reaching
conclusions it was his habit to care.
fully give each point and circum-
stance its due weight and place. His
crystallized slowly in his
mind, but in forming we're moulded
INTO a shape which they ever after
ward retained. his mental process
never wandered into speculation mol
to reach results by a pro-
analytical method. They fol-
lowed rather an intuitive trend along
line of principles that make for
and justice. He might err in
his processes Of reason but scarcely
ever in the result.
1T has been said of Judge Morgan
that his mind vas endued with a
obstinacy. That his judgment once
there were few considerations
however strongly urged that could
alter or e it.. When confirma.
ton of this proposition was called
for it was usual for members of the
bar to refer to the well known fact
hat he rarely il ever assented to a
re-hearing Of a case once decided. 1t
is unquestionably true that in the dis
charge of his judicial work his opin.
ion once formed was rarely altered.
This quality, however, it has seemed
to me was the result of sound judg-
ment and strong conviction rather
than that o~bstinacy which plants it.
self upon a hastily formed or pre-
conceived theory and impressed with
sense OF it's infallibility %disregards
further reasoning and adheres to that
Judge Morgan knew himself,
was familiar with the qualities Of his
own mind and in the our OF years
Of official duty had come to have con.
fidence in his own judgment when
deliberately formed. He therefore
habitually exercised qualities Of mind
he knew he possessed to gather
scrutinize all sides of the con-
troversy and to carefully work out
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