Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-01-13


Chief Justices and thirty-nine Assoc
ciates, counting the present incum-
bents as biography is always more in
teresting than history. To consider
the personnel completely would far ex-
coed any limit that your patience. al
ready overtried. might forgive. TO do"
this partially might seem to border
upon favoritism, and to excite crit-
cisn as to selections and omissions.
And yet at The risk of abusing patience
on the one hand and exciting criti-
cism on the other. ! must touch a lit
tic upon the human side. more or less
in a gossipy way perhaps, supplement
ing this address when printed by an
appendix which / hope to have time to
prepare. giving a brief sketch Of each
member. so that the profession may
have it for ready reference.
The history of our State Court does
not Hivide itself into epochs, as does
the history of the supreme Court OF
the United States. because that Court.
from the very nature of the problems
before it, has been engaged quite as
largely in nation making as in person
al litigation. True. the decisions OF q
State Court reflect in general way,
the corresponding history of the times.
and we can trace in our own decisions
for illustration the change from stage
coach to steam and electric cars. to.
automobiles. and some day. we know
not when. will come our first case
arising out of aviation. and the test
ing of the old proposition that the
10. {aty Cd
UNI.
However We can make somew hat
arbitrary and personal division of the
century into four periods, the service
, OF the Justices overlapping, in some
instances.
The first should be from 1890 to 1852.
at which time the great reorganization
took place. During this period ten
justices sat upon the bench, with Mel
len fourteen years, Weston seven
years. Whitman seven years, and Shep-
ley four ye1rs as Chief Justices. and
Preble, Paris, Emery. Tenney, Wells
and Howard as Associates.
The story of the initial group, Mel
len. Paris and Weston. ! have already
given. The other members Of that
group are all strong and interesting
characters; | mention three:
Albion X. Paris, appointed u. S.
District Judge in 1918. Governor from
1922 to 1927, u. 5. Senator 1879.
on the Supreme Bench from 1928 to
1886, always in efficient public ser 4.
vice and the conferrer of his namei
upon more hoys of his generation
than any other man who ever lived
in Maine.
Ezekiel Whitman. born III poverty.
architect of his own success, gradu
ate of Brown University, member OF
Congress, rcsigning his seat TO be-
come Chief Justice of the Court Of
Common rlens serving from 1922 to
1871, and chief Justice Of the Su
prcnc Court from 1871 to 1S4S.
twentN-siX years in judicial service.
tall and manly in person, honest and
Intelligent in countensncc, deliber-
| ate OF speech. of the solid, practical
type" perhaps resembling Judge
! Libby of a later generation. His por-
, trait in the rotunda of this Capitol
reveals The man.
Ether Shcpiey, resIgninc his seal
! in The United States Senate in 1886,
serving as Associate until lS4S ana
! then as Chief Justice until 1855; "A
man OF dignitied and scholarly mien,
like the tongregationalist clergyman
of his day, a great Judge, a kindly,
cultured gentleman. EX- United States
Senator James W. Bradbury, who
studied law i'm his office, in the course
.,i l., ,.lr AL
! ercses 10 Judge Libby said: 1T
would be difficult to constitute a bet
ter court anywhere than Shepley and
Whitman would make alone"
The story of that early bench
would not be complete without
special mention of Simon Greenleaf.
our first Reporter of Decisions. under
! whose hand the first nine volumes of
| our Reports were prepared, a great
lawyer and . great reporter. Judge
| Symonds once said OF him: 1T
would not he rash TO say that the
| world over, no other Court ever had
reporter SO famous as Simon Green
leaf. His Law of Evidence three
/ tourths oil u century after it. was
written, is still cited as of the high
/ est authority, in the courts of West
minister ana Australia just as in the
! courts OF Maine" He served as Re
| porter from 1920 TO 1898 and was
| then called to Harvard Law School
| through the influence of Judge story
OF the United States Supreme Court,
and while there prepared and deliv-
cred the lectures on evidence which
we're afterwards reduced 10 book
| text book.
! The second group would include
| those who served from 1852 to 1862.
! through the stormy period prior TO
the Civil War. With Shepley three
years, and Tenney seven years as
Chief Justices, and Wells, Howard,
Rice, Appleton, Hathaway. Cutting
May. Davis. Goodenow, Kent and
| Dickerson as Associates.
( OF these never saw but twc.
Judge Rice who had retired long be-
( fore ! came 10 Augusta, and Judge
Appleton, before whom ], as CHIEF
fJustice. argued my first case in the
Law Court, Chesley V. King. "a
Maine 1874, an experience made pleas
ant by the encouraging words Of IL
! kindly man. Peace to his memory. OF
all this notable group Chief Justice
Appleton doubtless made the great
est impress upon the Jurisprudence
OF the State. Appointed in 1852, he