Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-11-23

! from Georgia have occupied seats on this eX-
| allied bench.
They were James 4Toore Wayne, of Savan-
| nah, Joseph Rucker Lamar, of Augusta, and
William Bunham Woods, of Atlanta. Judges
Wayne and Lamar were Democrats and ma
| tives OF this state, but Judge Woods was
! Republican, and more an Ohioan than Geor-
gian. Judge Wayne was appointed by Presl-
| dent Jackson in 1885, and Judge Lamar re-
| ceived his appointment from President Taft
| in 1910, an interval Of seventy-five years be-
tween the two appointments. Judge Woods
was appointed in 1880 by President Hays.
| THE EMINENT JUDGE WAYNE
Possibly, many Of the present generation OF
Georgians do not know of the Cminence at
| tanned by Judge James M. Wayne during his
| career of thirty-two years On the supreme
bench. He was born in savannah In ll9O,
graduated from Primo ~ university, ana In
| later years was honored by this institution
with the degree of LID. He commenced the
practice of law in Savannah, was president or
the Georgia Historical society, trustee OF the
University of Georgia, and was president or
two conventions held for revision or the con-
stitution Of Georgia.
Following a notable service in the leg1sla-
ture of this state, and as mayor or savannah,
he was elected judge Of the superior court O.
the Eastern circuit, and served with distinct
ion in this position Ior nearly six years when
he retired from the judiciary, having been
elected to congress- Judge Wa-ne was bril-
! liantly and popularity representing the Savan-
nah district in this forum when President
Andrew Jackson, his close personal and po-
! 1itical friend, appointed him to the supreme
court over several eminent Americans who
were strongly indJrsed and seriously consld-
cred. The appointment came when the con-
flict was raging between the president and
the senate over the removal of the govern
ment deposits from the Bank of the United
States. While in the house, Representative
Wayne ably and ardently championed Jack
sons policies, particularly in his opposition
to this bank, and in advocacy OF all measures
against notification by South Carolina.
RECEIVED WITH FAVOR
Judge Wayne's appointment was acceptable
both to the Wings and the Jackson Democrats,
which was high evidence of his eminent quail
fications, popular congressional services, and
lofty personal character. The Wing bank
newspaper in Philadelphia declared that
Judge Wayne is preferable for the supreme
court to some 9th r candidate OF the Jackson
party" A New YORK Wing paper thus eX-
pressed itself: "The appointment seems to
be accepted generally. Judge Wayne is
gentleman of great urbanity, high-minded,
honorable man. IN the present state of the
country and Of parties the selection is judi
cious, and incomparably better than was an
ticipated." Another New York paper said:
"No unworthy motives, we think, would ever
influence his decision. Judge Wayne's charac-
ter as a Democrat of talent, education, firm
ness and honesty is well known" Niles Reg
lister remarked: Judge Wayne has taken
seat on the D6uCuy w ICl 1O4Iy ploNO Oil P"A
ties agree on considering him worthy be1iev-
ing that he will not be a partisan judge. This
is a compliment to lie proud OF in times like
the present"
A newspaper correspondent in describing
the supreme court room, and the personal
characteristics of the judges, said, among
other things, the following: ION the chleE
Justices left was Wayne, an exceedingly
handsome man, about five feet ten inches
high of stout, but graceful figure, rudy COM
81, .oEo riY9o hal
very courteous in manner, and with tone
of refinement in his elocut1on and ADDRESS
that is very pleasing. He has cultivated the
graces. He has an ingenious, copious mind,
is fluent and rapid in expression, and ettlclent
in learning, even of technical character"
A CELEBRATED DECISION
Judge Wayne rendered an able and elabor-
ate separate opinion, Iarch 9th, 1857, in the
historically celebrated bred Scott case, con-
curing with CHEZ Justice fancy and four
other Judges, not only that negro could not
be citizen of the United States, but also that
congress had no power to exclude slavery
from the territories. He said: THE case IN
wolves private rights and constitutional prln-
ciples of the highest Importance, about Whlcn
there has become such difference OF opln-
ion that the peace and harmony OF the coun-
try require the settlement OF the n by Judlcla!
decision" However, tie majority decision OF
the court was not accepted by the united
States as a settlement of the slavery question,
the destiny of the nation.
President LincoIn's warm personal friend,
Judge David Davis, Postmaster General Den
nison and other leading Americans urged
the president to make Judge Wayne the sue
cessor of Chief Justice fancy WREN that emil
nent iurist died on October 18th, 1864. 1t
was declared that his appointment would be
"a suitable acknowledgment OF his pure pa
triotism and lofty talents"
Judge Wayne died at Washington, July
5th 1857, aged about seventy-seven years.
He was the last survivor OF President jack
sons appointments to the supreme bench,
and the last member Of that court "as con-
structed under Chief Justice Marshall" fact
(which was one of the felicities Of Judge
Wayne's career"
LAMAR'S APPOINTMENT
The distinguished career of Associate JUS
tice Joseph r. Lamar has too recently come
to a. close to req. ire an extended review at
this time On December 18th, 1910, his ap-
poirtment by President Taft was confirmed
by the senate, and at the end of about five
short years he passed into the Eternal
Tribunal of the Supreme Judge of us all.
He was full Of energy and industry, and
overwork snapped tie cord of his life just
as he was enjoying the prospect OF having a
long service of usefulness to his country.
Judge Lamar had had former high judicial
experience in Georgia, his professional learn
ing was vast, he was pure morally and intel
lectuaIly, of crystal integrity and unflinching
irmness, therefore, he had not been long on
the supreme court before he held the conf
dence, respect and admiration of everyone
1 was with the late Senator bacon when
President Taft -.sked him his opinion Of
Judge Lamars qualifications for place on
the Uni d States Court of Commerce. Sena-
tor Bacon promp ly and enthusiastically re-
| .I,o, Mt, II SYI7n fho