The Washington herald., 1914-05-09
Tragedy IN judicial Careers.

bar of the United States whose name and pro
fessional achievements were better known than his
especially in Washington. The moral influence ant
the learning which he impaired were unsurpassed b,
any of his generation, and his opinions as United
States Circuit Court Judge more frequent,
cited before the Supreme Court than those of an,
other judge.
He died at his home in New York on Tuesda,
tof this week and the announcement of his death
came like shock, since to only few was il
known that he had been for several weeks i'll, suf
fering such common complaint as the grippe. He
was eighty-two years of age on Christmas Day Of
last year. And had it not been that his years mum.
bered twelve than the three-score and ten the
Scripture allots to man he would have undoubtedly
resisted the attack of this complaint
BY the bench and bar of the United States, and to
many who have been occupied with very large bust
ness undertakings, Judge Dillon was esteemed one OF
the, great creative forces in the application OF
to American business conditions He
reconciled the body of the common law of England
which he esteemed the worlds most copous fount of
Jurisprudence, with statutory enactment and with the
strange and unfamiliar exigencies which created
by the business activities of the United States espe-
ciay after the development of railroads and the dis
covery of gold and the exploiting of much of the
great West
But it is not this characteristic of the career of
Judge Dillon to which The Herald today wishes to
call attention Nor is it the fact that his decisions
when he served judge of the United States Cir
cult Court for the Eighth Judicial District were re-
spected by courts everywhere in the Union, and
received as authority well worth considering when
brought to the attention of the Supreme Court at
Washington by counsel engaged in arguing cases
before that court
Judge Dillon served upon the bench first as a
Judge OF the Iowa courts and from 1869 until 1879
judge of the United States Circuit Court for the
Eighth Judicial District Then he retired from the
bench and notwithstanding his long service as judge
he was still, comparatively speaking young man as
lawyers deem age when he resumed private prac-
tice.
The especial feature associated with Judge billions
career to which The Herald desires to call attention
is the fact that he deemed it expedent to retire
from the bench just he had passed middle life
He had gained high reputation both as a Judge and
as the author OF a great work entitled Municipal
Corporations" He began that work while he was
still serving upon the bench of the Supreme Court OF
Iowa. Many years later in fact, when he was sew
entynine years of age, he completed fifth edition of
the work. 1t is monumental treatise and is a
standard authority in the United States upon the sub
ect of which il treats. Its record is unique also in
he fact that in all fortyhve years were bestowed upon
he work
Judge Dillon retired from the United States Cir
;ut bench solely because he realized that if he were
o provide adequately for his family he could not
onger devote himself to service for which he
vas paid only $1,000 year In 1890 when chatting
With friend, the late Mayor William R. Grace OF
New York, Judge Dillon spoke regretfully OF the
neager salaries which the United States as well as
he States of the Union paid to their judges And in
Illustration of this he said that in the first year OF
lis private practice, after he retired from the bench
lis income little in excess of the aggregate
alary paid to him for ten years service upon the
Jnited States Circuit bench.
He knew the painful, pathetic facts which were
elated after the death OF one and another of the
Judges of the Supreme Court Of the United States
lie that one who had served as Chief JUS
ice compelled to entire accumuations of
bout 100000. the aggregate of his savings before
e accepted appointment upon the Supreme Court
ench in order properly to support himself and his
amily AT his death it was discovered that moth
ng left. although he man of simple and
life.
He knew the almost humating circumstances |
hat revealed after the death Of another jus
ice of the Supreme Court whose opinions are now
istoric. That kindly Offices were entailed in order
provide moderately for his family seemed to Judge
dillon to be reproach this justice Of the Su-
RENE Court, who lived modestly, but the govern
lent. Judge Dillon must have known through per-
onal communications of the reasons which led some
mnent judges TO retire from the bench of State
ourts. They wholly due to the fact that in
rvae practice there could be gained enough for the
easonable support of the family and for the securing
{ independent means for them after his DEATH
Benjamin R. Curtis, of Boston, was, according to
ommon belief the time he resigned from the
ench of the Supreme Court at Washington impeed
retire by reason of friction with some of his as
ociates at the time of the Dred-Scott decision but
fter few years the surmise of Judge Curtis pro-
essional friends that he perceived that if he
Irned to private practice he could gain as he did
nough in year two to make him independent.
There must still be pleasant recollections in Wash
,gton of Benjamin Franklin Tracy who served as
ecretary of the Navy in the administration of Presi
ent Benjamin Harrison With Judge Tracy Judge
,lon established cordial friendship. Both
ad served upon the bench of the highest courts OF
leir States. Judge Tracy resigned from the bench
the New York Court of Appeals for the same rea-
IN that which induced Judge Dillon to resign from
,e United States Circuit bench He too wae iusti |