Evening journal., 1913-10-20
NEW NEWS OF YESTERDAY
When the United States
Supreme Court Was
Short Handed
By Holland.

Il have always thought that # was
due to the recommendation Of Senator
Roscoe Conkling that President Grant
nominated Ward Hunt of Utica, New
York, for associate justice of the
supreme court Of the United States"
said late Judge Noah Davis to me at
time when he was speaking of some
Of the very able judges New York
state had furnished to the supreme
court bench.
Judge Davis himself was ranked
among the ablest Of the men who have
been distinguished in the American
judiciary. He lost the nomination
for the United States senate in 1868,
having been defeated by Roscoe
Conkling by two votes. His long
career in public life and upon the
bench of the supreme court of New
York state, and HIS association with
Sanford 70. Church. who was New
Sork's first candidate for the presi-
Dental nomination OF 1868, brought
Judge Davis into touch personally and
professionally with many Of the men
who were distinguished in public life
between 1850 and 1890
If Judge Hunts nomination as
an associate justice of the supreme
court at Washington was due to the
recommendation of Roscoe Conkling,
then Conkling performed a great
service" continued Judge Davis. "I
knew Judge Hunt intimately. We
urora on fh. bopob a., fha oCt,rfc of
New York state at the same time. He
was a very learned man, yet he was
curiously shy, although / have noticed
that that is sometimes a charactoris-
tic of men of very great intellectual
ability He was a very good man
and yet without a particle of self
consciousness or vanity.
Judge Hunts career upon the United
States supreme court bench was termin-
ated in one of the sad and most
tragic incidents associated with the ca
reer of any of the gent men who have
sat upon that -ench, and one of which
few persons at the time had any knowl-
edge. He went 10 the bench with high
ambition and he was as industrious a
member of that bench as any who ever
sat upon It. After he had been in SER
vice about eight years he was suddenly
stricken with organic disease, which al
most totally incapacitated him. His
mind was not affected, but his physical
powers were practically lost. He lay
constantly upon his bed, suffering no
pain, but completely prostrated
Judge Hunts illness was the cause
of serious embarrassment to the court
itself. There were very many impor-
tant cases before IL for decision The
Judges were overworked and to their
great labor was added the work
which Judge Hunt would have done had
he been able to sit upon the bench.
"Cautious inquiries showed that
Judge Hunts illness was organic and
permanent hat left the court short
| one member But there was no way by
which the vacancy could be filled unless
Judge Hunt resigned. IL was learned
that this great man--one of the great
est lawyers the country has ever pos
sessed was IN abso' dependence upoi
his salary for his support He had prae
tically no property from which he coul'
derive any income. He had not servel
upon the bench long enough to take ad
vatage of the law which permitted
iudac after ten years of service to re
tire upon a pension of full service.
when IL was learned that two year
must pass before Judge Hunt would b
entitled TO take advantage of this lay
and when il was also learned that ,
he lost his place upon the bench he woul
be absolutely pcnniless, the suggestio
was made that legislation be secure
which would enable the vacancy to b
filled by permitting Judge Hunt TO rs
tire at once upon full pension. Bu
there was found to be serious obie'
tions TO such legislation. The suprem
court, therefore, was compelled to 81
for two years short one member. A
the end Of the two years Judge Hun
resigned and then the law which pei
mitted him to receive pension OF te
thousand dollars year became ellie
tive He lived only two years after b
retirement
,Couyrieht. 1913, by f. }. Edward
All rights reserved).
Tomorrow Mr. Edwards will tell
"The Kind of Chief Justice Abraha
Lincoln Would Have Made.