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

;. =
- - - -. = = : q 3
was elected county attorney at .ne
age of rs and formed partnership
with the iate uniteo States SENATOR
Eugene Hale. IN 1872. ne was q mem
Der OF the state senate tne ~
OF 81 ana attorney genera VI .n
State az the age OF o. ~ 81 49,
poeitions ne pe'Lo,lu s ~.
VII .ois Ss;. ,,non h,r,so,f and
80 .,o,, Az ststs
s-e
Judge Emery hau peen p'oA.pa'
recognized as younss n.eH -.
.per'of naturai eilio"in-oe ano
less lnteerits. anu 90 1919. ~,
YET OF spienuiu piotn S,.a 80.
contlnuaiiy auuvu - "a. pup .s~;s~,
mate or the IuAhess y li' ,ua' "ns
ana ll strensIh % A"so. 80
KNOWN 10 pc an eA.etoisS
genera Histofs ao ee
DISCRIMINATING s.uuen. VI 'ne n'ssS'
ana PHILOSOPHY o. the ,a~ u =. IT, =
ilticai sclence, anu d. tie e'ooe ~. -
service as attorney seheiai nc vas
recoeniNsu as one VI Tug -
yeTs Oh the Sta'e'
Thus when vacancy occurred on
the bench of the supreme Court OF
Maine in 1888, Hon. Lucllius A.
Emery was at once recognized as
eminently qualified to NIL the vacan-
cy, and he was accordingly appolnted
an associate justice of that court on
the 5th day of October, 1883.
HE came to the bench of the SUI
prerne Court fully qualified by intel
lectual endowments, liberal culture
and experience at the bar to render
eminent judicial service to the State
and make an honorable career for
himself He brought with him be-
sides. not only high ideals of the hon
or of the legal profession and ex-
aited conventions of the judicial char
acter and functions. but also the ca
nacitv and disnosition for prolonged
and arduous labor as well in the trial
court as in the examination of the
law for the preparation of opinions of
the law court.
"Judge Emery continued to serve
as associate Justice until Dec. IA.
1906. when upon the decease of Chief
Jnsti,e wiswell he was appointed
Chief -Tustice and served in that ca
pacfty until June %, 1911, when he
voluntarily retired under the provf-
sions Of our statute.
AT the BANQUET rendered to him
after his retirement. in JuIy 1911 he
said in bisf address to the associa-
tion: Il carried to INV place upon the
bench beliefs and ideals formed dur
inc twentv wears of studv and prac.
tice during fifteen wears of which I
had the benefit of association with
that eminent LAWYER and statesman.
ex- Senator Hale. I beg leave to state
come of them not that the beliefs
uer,, correct mr. the ideals high. not
that thew were different from those
of other LAWYERS and Judges. but to
indicate the motives of NV. judicial
action believed then. and believe
now that the court should first of all
he lovaI TO the law. as expressed in
tho Consti4ution the stat,,tes and
the ,ong accented judicial oninions.
that it's justices should completely
Jsuhordinate to that law their own
viaws Of nrincinles and even of ius-
tice T.
:. "tOn tho other hand T believed then
and halieve now that the court should
mt question the wisdom mot even the
;rst;ce of acts of the executive within
the law nor of acts of the Iegisla ture
not IN conf,ict with some Constitu-
+ionaI nrovision hut should a,,ow
them full force and effect vhatever
tha conaeorences =
ar also believed then and he,ieve
now IN each iust;ce of, the court nre-
sewing h;s indjviduality. in his an
ro,.rc;nv bis dissent from the maior-
;+v n casea where be deems the min
c;nia ;,nnorfant an1 tbe M, ior;tv
on;r;,n arronaous and b.rnfnl T
think d;ssenting oninions are useful
70 The ,,,aio,.;,,, o,;n;or he sornd The
U.s. ne,,na, ~. $50 .nr.rant 70 ~
n,a;or;t7, nni,,i,r ho rrso,,rd Sc
unsoundness should be at once dis
closed. and a contemporaneous dis
senting opinion may serve that pur