Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-01
The Retiring Chief Justice.

| our recurring cHlel justice Has often
! asserted, and practically applied. the
| wholesome doctrine that an ante
| inortem tribute to a man is better
4 than a post-mortem eulogy. 1t is a
sound theory, and has most happy
and appropriate present application to
the case of the chief justice himself.
The people of Maine hold that distin-
guished gentleman in the highest and
| most affectionate regard and esteem,
| and they wish him to understand that
fact now, and throughout the many
years of deserved health and prosper
lily which they devoutly hope may be
fyouchsafed to him.
There are judges-most worthy men,
| it may be, painstaking and devoted to
their duties, but always and mere
| ~ judges. And there are jurists-
Judges of wider vision, deeper insight,
frmer grasp of the fundamental prin-
ciples of jurisprudence and loftier con-
ception of their application to the at
fairs of men. The extension of bed
rock principles of the common law 10
modern social, political and business
problems, without harmful and con-
fusing change of existing decisions,
and without usurpng either legislative
or executive functions, is often the
work of jurists rather than of mere
Judges William p. Whtehousc is q
jurist
In his 20 years of service upon the
supreme bench of Maine, Chief JUS
tice Whitehouse has drawn over 500
opinions, all Of them faultless speci-
mems of English, and many of them
literary classics His verS first writ
ten opinion Martin VS.. Maine Central
r. r. Co, SO Me- 1000 is today cited
as a leading case on the doctrine of
equitable estoppel-that if a man is 81
lent when he ought to speak, he can
not afterward be heard to speak when
he ought to be silent.
His opinion in the same volume
(Gray vs.. Co. Commissioners, SO Me.
429), is a striking illustration of the
equitable Interpretation of statutes, in
which the meaning of a remedial stat
ute is extended beyond the precise
words of the act, in order to give eff
feet to the legislative intent
Some idea of the scope and diversity
Of the judicial opinions drawn by the
clliel Justice may be afforded by the
following brief summary of few rep
resentative cases.
Estes VS.. Jackson So Me. l62 is an
important case on the doctrine au-
thcrizing the allowance of amend
ments in furtherance of justice.
Mann VS.. jackson, S4 Me. 400, involv-
ed a novel question respecting tesla
mentary conditions imposed in re-
straint of marriage.
In Attorney General VS.. Newell, 81
Me. 246, u petition for mandamus was
| sustained to compel the mayor and al
dermen of city to perform an Off
eiai duty imposed by law.
| His opinion in the case of State vs..
richards, 50 Me. 252. contains a philo-
sophical and illuminating discussion
of the rules of eircumstantial evidence.
| Rogers VS.. Steamboat Company, sc
! Me. 26l, holds that contract exempt
ting a carrier from liability for person
| al injury to a passenger who travels
OH IL free pass is not against public
policy.
| State VS. LeClair, sc Me. 522, involves
! an exposition of constitutional law re-
| specting judicial power, and the dis
tinction-Detweenj judicial and minister
al officers.
a leading case in this State is that of
Doyle VS.. Whalen, 81 Me Ala, relating
to the administration of private char
liable trusts.
Hail VS.. Perry, 81 Me. 500, IS a case
often quoted on the capacity of tes-
tator to make a will. and the evidence
of experts IN relation thereto.
Another leading case is that of At