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

Adv.
OF Maine. was the next speaker y.
spoke in part as follows:
Gentlemen of the Bar:
In speaking for the court upon -,
important occasion my Thoughts ~
hidden wonder back over the near.
10 years since l first took INV MA
on the bench.
Old forms go trooping past NJ
seems but yesterday that Wisw.u
Emery. Savage. Strout. PeabosS
Woodward, King, Haley and MaS
gan were in our midst, moving amo,.
us in the pursuit of their WON'T
work.
They are all gone. But their man,
will remain ever bright upon the tai
lets of memory, and their forms wu
go marching by wherever and wbs,
| ever the bench and bar shall meet ..
the purpose of social assembly n
the discharge of official duty. NihS|
mortuis does not apply to them. Tbs,
had no frailties to be drawn firm
their dread abode. Only good conf
be said of them.
o! for the touch Of the vanisha
hand; the sound of a voice that N
| still.
OF the members of the bench whs
Joined the court but two are ma,
left. One is Judge Powers of Hon
ton, who carried with his retiremes-|
the respect and confidence of the bar
and reputation for high judicial A!
tainment.
We have the honor and pleasure n
the presence of the other living men
Der at this function. He is a ma,
full OF years and honors; learned n
the law; merciful in it's administrs.
ton; jealous of its integrity; scupi
in it's application. He is none otbs
than our beloved and respected to,.
mer Chief Justice Whitehouse.
There is one other living ex-menI
Der Of the bench with whom vaJ
associated in later years, Associa1
Justice George Bird, whose scholar
ly attachments and judicial learniuJ
contributed much to the iurisprl
depce Of the State. and whose diguI
fled personality commanded the I'd
spect and esteem of the bench anI
bar alike.
But in the short time allotted N
me, l cannot further allude to th5
court of the past. nor dissertate upa|
the maxims of Coke, Blackstone a
Mansfield. I am to speak for th|
court of the present.
Since the organization of the Sp|
preme Court, there have been 40 AL
/, sociate, and II chief Justices, all bgI
two Chief Justices having been asset
ciates. 1t hast been my pleasure n
sit with 10 Of the associates and will
five of the chief justices. 1t is giw.|
&c but few to associate with SO mani
eminent men in single lifetime
While conserving the substantV|
principles of law and precedent ou|
court is liberal in eliminating techntI
cahties progressive in applying Old
rules to new conditions; as in Laugh
lin VS.. Portland, the so-caIled mum
cipal coal yard case: and fearless d
disregarding precedent when found
in conflict with justice. equity and
, reason.
Chief Justice Shaw had no respect
for precedent as such. He held II VI
TO analysis and dissection, laid barr
It's skeleton, reset the broken or ds1
, located parts, and presented a rel
modelled or reconstructed interprea|
fion based upon the sound principle
of equity, justice and reason.
The broad view of John Marshal
as translated into his interpretatics
OF the federal constitution, in tk
formative days of our jurisprudencs
VIII ever be regarded as the basis fol
the expansion of that instrument, h
permitting it's later application to th
numerous intricate and perplexe
problems. arising in the increase 81
states from thirteen to forty-eight G'
the population from five million h
one hundred millions.
The court sustains intimate rela1
tions with the bar. The bar of Maint
Is OF a nigh character. It is alway
courteous and respectful to the cour
and in turn receives and deserves The
respect and confidence of the bench
Most of the members Of our bar
fuiiy appreciate the fact that the
are officers of the court, charged Wit
the responsibility, not only of fdeF
ity to the cause of a client, but viii
the observance of the rules of pofe:
/ sional ethics in the pursuit Of thai
cause.
Just word now in a general wa
IN closing. The world is in a staY
OF chaotic uncertainty. The conserv
ative elements of society are holdins
1t together. The school, the chFc
and the law are the principal cor
serving agents. None is more potenl
perhaps, than the law. The cours
and bar are bred to conservatism and
obedience to law. You seldom hes
or a lawyer who is a socialist or an
archist.
In all the essential affairs Of th
country-legislation, diplomacy, fol,
eign and domestic RELATIONSHIP NE
and all the activities of state and M
tional and civic life, the most eHee
tive agent of achievement is founS
in the efficient force. represented y
the brains, experience, influence aDs
patriotism of the lawyers. especialn
wbn united for the accomplishmeD1
of a common cause.
The paramount responsibility thp
rests upon the bar in so shaping ~
ternal affairs that no danger shall '
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