The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-12
Judge Field, who had decided against

der OF the Judge quarter OF q century
after the banding down Of the decision
which he thus irregularly undertook to
recall, was such an unmitigated rufiian
that when he was killed by court at
tcndant converted Into a personal guard
OF the threatened Judge there was not
dog to bark at his going. 1t will be
agreed that the incidents thus recited
are by no means parts of the recog-
nized education and apprenticeship OF
Judge. 1t IL strange to read Of
jurist who had passed this singularly
stormy youth that his service on the
bench Of the Supreme Court broke all
records In point Of length. exceeding by
months the Heretofore unprecedented
term of the great Chief Justice Mar
shall. And 1t is almost comical to come
upon Mr.. Strong's dictum concerning
the judicial opinions Of a Judge thus
prepared for the judicial function: II
do not know OF more beautiful use Of
English than that OF Mr.. Justice Field.
His combination of literary finish and
accuracy of expression. II seemed to me,
would be difficult to surpass."
III.
Although. by the uniqueness OF It's
Jurisdiction the Supreme Court Of the
T,ni,od c,,,a, 10 .,,o ,,o,t august ri.
bunaI In tho world" q nv no means
follows that its nersonnel "a more i'm.
nressive than that Of courts NJ more
limited iurlsd,c,ion and leo. imnosInu
mowers There have been fey pos,tive
scandals In i,a history aud those few
~ miyb, be exnoc,ed have related "a
tho onno,n,men, Of Judve. rather than
IN ,be,r mIsfe,sarce nm tho bench
Srch n .,ora,, n, vr strong under
takes 10 y,ndicato rus,,ce BRADLEY from
would not IN INV case directly smIrrh
Tho rocord ~ tho S,nrov,a Court see,pp
that tho vlc,im ~ !, vas ac,,pr no a
member or a snecla, ana occasional
body. dav,sel to moor an exipencv
never foreseen nv Tho trainers az the
Constitution Nevertheless. of course n
violation 90 ,udic,oi +ornor or mo-
nrie,v ON Tho nor, q, ono ~ tho Judoes
chosen ~ hold tho balanca between the
noli,,ciars Of Tho commission from
whom No exr,bi,Ion Of judicial ,mnar.
,ialtv was exnec,ed or would have been
endured vo,,ld have been a. fatal 70
Tho judicial ren,,.o,;on ~ tho offender
AZ ~ Z, had haer committed unon the
hencb IN tho course az n regular IItiva-
t,on I,,, ,,,,o.t fror, tho heo,nrinp
cort,inIv no Far bar,. no tho davs az
Iaci,snn NJ nd Tarsv n has been charged
ord h.,io,.d ,ho, Tudge. have beep an.
no,n,cd 10 tho hsncS for The exnres.
n,,rnosa ~ rendering decisons desired
Ia, III. ,nno,,t,py mower ana ,bus po,i-
,,c.I arJ M, tudic,a, such n be,lef
y v.ideIv and s,nc.re,v held Ia nearly
ra,a, 70 Tho ren,,ta ,,on and AUTHORITY ~
tho cour,
II NAV y. o,..rya, IN favor ~ ,hs
.,ec+,op rather than ~ ma onnoint-
mert or tho Judiciary thar this narticu-
jar non,ca IN tho uaefu,ncss NJ ,ha
courts 10 incidental 10 the appointive
rather than 70 the elective system. II
ouvh, never IN he forgotten that in the
case of MAYNARD described at some
Iep,,h nv Mr. strong. the blunder.
uhicb might 0tlv he called the crime.
~ n Governor NJ New YORK In assum-
inc IN assign a seat upon the bench NJ
lis t,iphest cour, as rho reward Of un-
scrunulous ard unnrofess,onaI political
sarvice tho naomi. az thu Stare Of Nev
work. correc,ed the error Of tha an
Mounting newer in the most summary
a,d .Xemn,.rv manner causing tho nm
worthy nominee 10 disappear before the
storm of nubl,c INDIGNATION and puttlnc
In his nlara on the bpnph an anna hle
n NOT very eminent lawyer and n faith
ful par,isan. the compliment of whose
nomination would pretty surely not have
been bestowed II IL had been supposed
TO carry any expectation of an election.
II is quite true that the public indigna-
ton was In that case tudciously
aroused and wisely directed by the lead
ers OF the legal profession. When the
Bar Association showed itself reluctant
to inquire, at the request Of Charles
O'Conor, into certain charges made
against hts professional conduct, the
old lawyer turned upon the LEGISLATORS
with the mordant remark. IL thought
you amounted to something" The Bar
Association certainly amounted TO some
thing in the Maynard case. The report
of It's special committee. of which re-
port the statement of facts was under
stood at the time to have been made by
Albert Stickney and the list Of con-
illusions to have been dra wn by James
C. Carter, was very masterpiece of
powerful and impressive understate-
ment The result was a most striking
proof not only Of the influence OF the
conscientious and consequently detarh-
able voter, IL was as much a proof Of
~. 20