Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-05-29

this occasion. | know that as loyal
and consistent members of the most
honored and the most trusted of all
the learned professions, you have been
influenced in large measure by an
impersonal and instructive respect for
the honor of the great profession to
which you belong, and by your rever-
ence for the majesty of the law. the
sanctity of justice, and the authority
of judicial courts, which has ever been
recognized in New England as the
foundation of social security, and the
glory of an enlightened civilization.
However this may be, | will frankly
admit that | still approve of this
sentiment which / expressed at the re-
tirement of Chief Justice Peters and
Chief Justice Emery, and also on the
retirement of Judge Hall of our Su-
perior court-that it is fitting and
proper that il be made known to
judicial officers in their lifetime that
all faithful and conscientious en-
deayors to discharge onerous and re-
sponsible judicial duties upon no
other consideration than the truth and
the Justice of the cause, though from,
the juridical history OF our State, it is
expected as a matter of course is none
the less appreciated and honered by
the bar and the people of the State.
And the memory of this delightful
evening will follow me In my retire
ment and abide with me IN my declin-
ing years as the most fondly cherished
recollection in all of my public and
professional life; and when | come to
look upon the shutdown splendid and
serene, in my heart some late lark
singing" | can say with Natures
poet:
still Ger these scenes my memory
And fondly broods with rniser care,
Time but the impression stronger makes
As streams their channels deeper
wear.
This is not the appropriate occasion
for me to pronounce formal eulogy
upon by successor Chief Justice Saw.
age. Nor is it necessary. As | stated
in substance in my brief tribute to him
at the Auburn banquet on the 18th in
slant, the impress which he has made
as an associate justice upon our juris
prudence and the public and profess
16 years, speaks to the Ear and the
people of Maine with more emphasis
and power than the most eloquent
voice OF eulogy. But Wlth MS superior
executive and administrative ability
superadded to his great intellectual
gifts. his accurate knowledge OF the
law, and his enlightened sense OF JUS
tee, | am warranted IN Affirming, IN
the language of truth ana Soherncss,
that he brought to the position oil Chlef
Justice of the Supreme Court OF Maine
qualifications for the office unsurpass=
ed by any of his predecessors since the
arganiZa ton OF our State.
Hut upon such occasions as this. in
the mutations of time. the future
seems to be frequently joining hands
with the past: and l congratulate my
recent associates on the bench. and the
peaple and the Bar of this State, that
the mantle of Associate Justice savage
has fallen upon one 50 WORTHY ana III
all respects so admirably equipped ana
oualified to perform the important ana
responsible duties of the Office as MI.
Justice Philbrook. When Lord COKE
was requested by King James to give
his opinion in advance, he gr4ndly re-
plicd: when the question arises, your
ma iestv. | will cndea vor to act as be-
! eometh a Judge | predict hat MI.
| Justice phiIbrook will always "act as
| beeometh judge of the supreme
| Court of Maine" and viii never Go any
act unworthy of that court.
The law is the minister of Justice,
and Justice is the application of truth
l Il Of the cDfDqlpN al
fairs of men in the different relations
of life. The lawyers and the courts
are the ministers of he law. They IN
stitute. and prosecute Judlclal lhslui les
for the purpose OF discovering and de-
claring the truth; and the proceedlhs IS
are clothed with orderly forms Tor tlle
| sole purpose of making them more e.
fective in accomplishing that result.
They know in the highest )udlcIal
colrts. the dearest interests Of the peo=
pIe and all that is valuable to the clu-
zen may at any time be at stake. rue
| Noodle have been accustomed to thlnk
and believe that between the greiI
forcs which seem to be ever struggling
for the mastery in social and industrial
l;fe. the ministers of the law Would
eyer he found on the side of equal PRIV
ilege. equal justice, and the genera genera,
welfare and progress Of society; anu
the ministers of the law nave conn.
IDENTIFY assumed that this reverence Oh
the people for Their judicial courts was
lasting and sincere
But within the last decade the Juoio-
hal courts. both State ard Federal, have
been subjected to severe ahd' as II
seems to us in New England, entlrely
unjust and aUnwarTanted criticism
Im seeking for an explanation u
these unexpected assaults upon tise
courts. it should be remembered IN me
first place that, in progressive nations
society is necessarily in advance Oh Tue
law. The action of the great forces
y hich govern and direct the HE OF
people naturally preecdes the es''p'
lishment of legal rules. In oflei' soei
ETY. is not made fer the law. put eii'
law is made for society.
Secondly. it is accepted phitosop"'o,'
truth that the progress of civilization
not steady and unihteffhpt'"'
rhythmical or undalating' stfoiis e''s
radical movement forward pelhs ai'fio9
uniformly succeeded by some fetI 20
sion. 1t is observed that poiltical opin
| ero,, conservative to lIDerdt