By Irving Browne.
CURRENT TOPICS. Retiring Judges. — Lord Esher, Master of the Rolls, was retired from judicial service, to the theo retical regret and the explicit relief of the English bar, as we infer from the comments in the legal journals. He is an aged man and has probably lagged superfluous on the bench longer than he ought. He has been an able judge in his prime, but not to be compared to the great Jessel. Another magistrate, who has left a stronger impress on juris prudence, and who has retired voluntarily, is Mr. Justice Field, of the United States Supreme Court. This venerable man, who might have retired on his pension several years ago, preferred to sit until he had accomplished the longest judicial service on that bench, and we believe, in American history. His career has been picturesque and somewhat romantic, as well as dignified. One of the original settlers of the State of California, he carried his life in his hippocket at the bar and on the bench, and even in his old age he narrowly escaped assassination at the hands of a disappointed, half-crazy, half-devilish suitor, himself a former judge, being saved only by the presence of mind and quicker "gun" of his attendant and guardian. The influence of this distinguished man on the jurisprudence of this country is incalculable. A pro found lawyer, with a nature of curiously combined progressiveness and conservatism, his opinions have been uniformly characterized by learning and sagaci ty. Often a dissenter — one cannot say because of his minority political views, although inevitably and unconsciously tinged now and then by them — his arguments have been difficult to answer, so great was his logical adroitness. His opponents have always given him credit for perfect sincerity. The only opinion of his in support of which nothing can be said, is that which holds that the great lakes are "high seas," within the meaning of an insurance policy, which in our judgment is like saying that the Adirondacks are among high mountains. He carried the court with him, it must be admitted, but we do not believe that the judgment commands the assent of the legal profession. All things considered, he must be ranked as one of the three most commanding
and influential members of that great court during the period of the Civil War, the other two being — but to avoid heartburnings, we will leave it to the present members to guess whom we mean, with the simple hint that the other two in question are dead. In the State of New York, Chief-Judge Andrews, of the court of appeals, retired from office on the ist of January on account of arriving at the age of seventy years. He is the sole survivor of the original members of that court, as it came into exist ence in 1870, Church being the chief, and Allen, Peckham, Grover, Folger, Rapallo, and himself being the associates. That was a great court. Allen and Rapallo were lawyers distinctly of the first rank; Church and Peckham, with less learning, had immense common sense; Folger had learning with refinement, scholarship and literary charm; Grover had shrewd ness with shrewishness (if a man can be shrewish), and generally got at the meat of the matter after his fashion, and his industry was phenomenal and appal ling. Most of them worked themselves into the grave in the gallant but hopeless endeavor to keep pace with the public business. Andrews and Folger were the only two Republicans. Chief-Judge Andrews was elected to his last term without opposition. The beauty of his character and the sincerity of his motives have always commanded admiration, and his opinions, covering a vast field, have been learned, sound, and characterized by a strong leaning toward equitable principles. It is the impression of the present writer that he has been a dissenter compara tively seldom, a fact- equally consistent with his influence or his susceptibility to influence. There is no difference of opinion, however, among the lawyers of that State as to the great value of his judicial service. He retires in the full possession of his mental and physical powers and has amply earned the pension of $12,000 a year, which we hope he will live to receive for the eight years of his unexpired term. Judicial Praise. — In glancing over a recent volume of the reports of the New York Supreme Court, appellate division, the Chairman's eye was attracted by a wonderful compliment paid by the judge in a certain opinion to the merits of an eminent 37
