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

OF in the very midday Of life: to the
punctilious, scholarly and forward
looking Chief Justice Emery: to the
calm. well poised. industrious and
thoughtful Chief Justice Savage. and
to those who have served with them
as Associates, names SO familiar as
to need no mention. As to the
present Bench, one fact should be
recorded. All the eight Justices of
the Supreme judicial Court and all
the four Justices Of the Superior
Court have been appointed or reap
pointed by Governor Carl e. Milliken,
something that has not happened
since Governor King signed the COM
missions Of Mellen and Preble and
Weston. and something that is not
likely to happen again in the judicial
history Of this State.
Some special facts may be Of inter-
est in connection with the personnel.
The youngest to be appointed was
William Pitt Preble at the age Of
thirty-six; the oldest was Sewali c.
Strout at the age of sixty-seven. He
served two full terms. retiring at the
age Of eighty-one. The average age
at appointment has been fifty.
The longest term of service on this
bench was that of Judge Walton1
thirty-five years; the shortest that
of Edward Fox, five months. He re-
signed to accept the United States
District Judgeship. Five of our
Judges resigned their seats in Con-
gress to sit upon the Bench, Mellen.
Paris. and Shepley from the Senate.
and Whitman and Walton from the
House. Judge Peters Congressional
term had just expired when ap-
pointed. Judge Preble resigned the
United States District Judgeship to
accept the Supreme Judgeship. Two
had been Governors before they were
Judges, Paris and Kent; and one
became Governor after he was Judge.
Samuel Wells. Forty-one have been
natives of Maine and ten were born
outside our borders. Thirty-four
have been college graduates, the col
leges represented being Harvard, co,
Yale, %, Brown, %, Dartmouth, (0,
! Bowdoin, Q2), Colby. "a, Bates. (2),
| and Georgetown University, ~. 49,.
/ Thirteen Judges have died in Office,
Dickerson, Danforth, Virgin, Libby,
Haskell. Wiswell, Fogler, Peabody,
Woodland. Savage, Madigan; Haley,
| and King. Three former members
are now living. former Chief Justice
Whitehouse and Justices Powers and
Bird -.ee
AS we study the lives Of these men
certain intimate and family relation
ships arrest our attention. Thus we
| find that Chief Justice Weston was
the grandfather of Chief Justice Mel
vile Weston Fuller Of .the Supreme
Court Of the United States; that Judge
Hathaway was a son-in-law Of Chief
Justice Tenney; that Judge Kent, who
was student in the office of the great
| Chancellor Kent and between whom
there was kinship, was also a nephew
of Chief Justice Mellen, that Chief
Justice Wiswell was a nephew Of
Chief Justice Peters, and that Chief
Justice Emery was Of kin with Nicho-
las Emery of earlier date.
| But there were two Justices whose
relations were so close as to render
their professional, judicial and social
| life sweet remembrance. These are
| Justices Cutting and Kent For more
than is years in their early profess
sional life they were partners and the
Jaw firm of Cutting and Kent of Ban
gor was well known throughout the
State Cutting was appointed from
this firm to the Bench in 1884, and
Kent IN 1859, and then for IA years
they sat together as associates. Judge
Kent retiring in 1873, and Judge Cut
ting in 1875. Then they remained. as
through all the previous 80 years.
neighbors and intimate friends. Judge
Cutting died in 1876. and Judge Kent
took part in the memorial exercises,
paying his old partner. associate and
/ friend most touching tribute. And
then after separation Of only seven
months, on May 10. 1876. Judge Kent
Joined his old companion. The Judi
cial history of this State affords no
parallel.
/ So runs the story of our court for
the first century. Quietly. without
ostentation, it's members have done
their work, and the thousands Of decis-
ions which have been rendered have
been accepted by the people as the law
Of the State. ..- =
This Association has done we'll to
turn aside from it's customary pro-
gram and to devote this day to re-
| membrance; to call back from the re-
ceding past those men who laid the
foundations Of our Jurisprudence broad
and deep and firm: and also to remem-
Der those who in later years have
built upon the foundations so laid and
have extended them to meet the ever
expanding necessities of the times.
moulding the common. law in a spirit
OF conservative progressiveness, met
ing out justice between man and man
with all the exactness of which the
finite mind is capable. temperjng the
seventies Of the law with the mercy
OF equity. jealousy safeguarding the
rights of the individual, while faith
fully protecting the public veal, and
thereby in all ways helping to guide
! the ship Of State in a safe, sane and
| prosperous course. ' ~ -
It Is an honorable record. The pres
ent generation may study it.wtth pride
and with reverence. rti -
The body of law which has been
built UP by the 11S Maine reports rep.
resents the finest purpose. the best
thought. the soundest Judgment and
the highest devotion to public duty
on the part Of these men Of the first
century. s$s
May we who are now bearing the
burden and possibility, and NAV
those who come after nc tpoya, f,,.