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May 24, 1900 - Image 6

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U. of M. Daily, 1900-05-24

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clonial possessions or undertaking to dissatisfied; but all was calm till the any work before him that no commo- smoothness and rapidity with which
snorporate into the Union people so motion day of the next week. Then a tion about him-no kind of attraction his faculties dutifully obeyed his will,
nhle our own as are the people of the portentous cloud appeared. The losing -could divert his mind from the task conspired to foster an unfortunate au-
Philippines. But this does not relieve comnsel, a gentleman of standing and assigned to it; or in the least discon- dacity in this direction.
tjh Nation from dealing with firmness experience, and not lacking in self- cert or confuse or perplex him. i'ollowing our customary freedom of
ad honor with the situation in which it confidence, requested a re-argument Being once put in motion, the engine intercourse, it chanced that one day
finds itself as the result of war. What- and a revison of the opinion. Under stayed obedient to the engineer, and that we fell to talking about old ago-
a:e- Lie power of the American Govern- cover of tis motion he proceeded to neither knew nor heeded any other as I was past three-score, and several
-ment under the constitution the Ameri- harry my well-meant deliverance with master or any conflicting influence. He years his senior, I took occasion to ob-
an people, through their executive and some severity of language and asperity had only to touch a lever of the will serve that one's self was the last to
rermseitatives in Congress, may be of manner. ie wished tue court to on- to exclude the apparatus of thought discover a decline of mental vigor, and
trnorort to see that there goes with derstand, and the "puisne judge" in from all infringement and all disturb- that it was the better way to step
American sovereignity the underlying particular, that the derided opinion ane. down in due season and avoid all pos-
principles of freedom and liberty for was palpably against -law. Another characteristic. He was the sibility of mistake. He replied with a
which our fathers fought and for which I was in a dilemma. It was not in incarnation of order. Irrelations and bit of pleasantry, saying he 'had no
they set up a government of and by and order to reply, and I felt mortified. incongruities were painful to him. He fear on that score-that he expected to
for the people. A party which should Having been a member of the court was ever seeking to realize those rela-1 go up to a hundred."
gor e or forget te-c principes sould only a short time, and feeling that my tions and adjustments which seemed Alasl he has gone before me.
he relegated by the people from power associates ought not to be under fire to be pointed as most fitting. And it I owe it to the memory of my
ta bscurity rWherever the American on my account, I suggested on our was his practice in life to give atten- friend to bear testimony to a conspic-
- going out; that whilst my views re- tion to the text which says: "To every- uouts excellence in his labors as jurist
clii is set up, upon any sea or iay mained unchanged, I had no pride of thing there is a season, and a time to and author-an excellence not over
tfreedome andsetat ljustice for alt. fy opinion whatever, and that it might be every purpose under the heaven;" and conmoi. I attide to his vise discre-
a, trient of its swni seting this greai conducive to the desired confidence inii likewise to pursue the spirit of the tion and perfect good fait in the cita-
ltrnst lar bor isiposedkyog the Ae- the fairness of the court to permit a text by having a place for everything j tion of authorities. He was never will-
u t bThat ipstill be dicthirged noye argument. and keeping everything in its place. ing to take propositions on trust-not
fainlapeople.n t uplift win beefihnaa d Judge Cooley, however, instantly re- As all know who enjoyed his ac- even on high trust-bit strove to ver-
nithbetan belief of alt failiar ivit onstrated. He took the matter up, quaintance, he was cordial and genial ify them by going to the fountain-head.
estoryash d agef o f sfheAmeri-and said NO-that lie would not con- -a companionable man-never indif- Indeed, ie was against citing many
ohe si-tory an rgeso h mr-sent-that the opinion was quite right, ferent to the comfort of those near modern authors at all, notwithstand-
- ai Nation._ and "for one he did not propose to sub- hi--full of the humor that pleases ing they had gained a good deal of
mpit to pr catiousness, come from without hurting, and fond of anecdotes vogue in the profession. I remember
JUDGE GRAVES ADDRESS.s ha-ever quarter it might." and of all good cheer. I once cited a work of real merit, but
(Continued from pageieI This s siound up the incident, as te So lively was his sonse of humor which had not earned o place in his
eiss may not make up the difference. other judges concurred, and I recover- that his eye was generally upon it lest esteem, and he mildly objected, and
It would not be difficult to recall a ed judicial composure. it should happen to slip out at an since the citation was not essential, I
resat number of these rather vagrant The circumstance was all the more nswelconme time or in an unprvileged accepted his objection.
ratters, but a very few will suffice. striking in iy eyes since it was well way. This extreme care in making sre of
Gse all snow that of the countless Known that the dissatisfied counsel No one has forgotten the visit paid athority on which he counted, had
aiaittiudes incapable of writing a par- was a very close, personal friend of to the American bar by Chief Justice given to his opinions a sort of funda-
etulab hook, or indeed any book, the,- oJudge Cooley. Coleridge. nor the reception tendered smental character of their own,
are often many wo are yet tolerably another phase of character may be at Chicago. itHe was never so absorbed in his
qualified to pass on the merits of an quite well remembered. We had heard O-r court received a pressing invita- chosen science as to have no heart for
imprtaut one brought to their atten- ass extended argument in Pennsylva- -isio to join :n the hospitality of that anything else.
tou. nia Mlining Co. vs. Brady & Co. The occasion, and professional courtesy, In affairs of state, and in neighbor-
You will perceive the drift of this al- case was of long standing, and this no less than politic considerations, de- hood friendships and relations, and
iusion when I add that within a few was its second appearance in the miandid our compliance. We recognized thigs of moral concern, he was full of
weeks after our first meeting at Lan- court. The great record abounded that Michigan should be represented, interest.
slng. Judge Cooley honored me with with details and opposing facts and in- but how? .But the jewel of his heart reposed at
an spection of the manuscript of his fercses to be disposed ofand a goodly Three of our number shortly deter- the home-the spot made sacred by
,ariest, and, I think, greatest work. number of major legal points, more or lined that Judge Cooley should repre- the presence of a wife whose exalteo
The immortal treatise on constitution- less puzzling, to be decided, and there sent the court. We announced to him' worth can be expressed no better than
al limitations, but as yet without a was reason for thinking that the opin- the decision of the majority, and in- by saying that she was pre-eminently
title, ame under my eye. The author ion to be given would not only take sisted on is concurrence; and we told worthy of the great love he bore her.
hai abuilded better than he knew." a fortune from some of the contend- him that destiny had settled it, since! He delighted in the society of young
His lack of appreciation was flagrantly ing parties for the benefit of others, he was the only member of tihe court children, and suffered with them in
ueihident. He 'imagined having suc- but would probably rule an immensity -as the fact was-duly equipped with their little troubles, and loved to join
u'i in getting up a convenient of outside interests. A quick decision an evening dress suit, and the Chicago in their innocent frolics.
hbt.d-aok-not quite in line with the was, of course, very desirable. But we program forbade appearance in any And this sweetness of nature reach-
ee's assistant, or the attorney's were devoting every hour when not in other. ed out to our mute associates. He
nnmiatniti, but more nearly resem- bed or at table to the routine duties of Seeing that resistance would violate would get sup i the night to let in a
vbg the school book by Mr. Young, lthe session, and were much too busy judicial subordination, hue yielded, but belated kitten, or soothe a caged bird.
:and destined, perhaps, to serve as a with other matters, as three of isa gave us to understand that if, in addi- He never disclaimed academic views
labor-saving contrivance for tutors and thought, to plunge into a written deer- tion to his appearing in costume, we or closet-born theories simply because
students, and as a manual for inferior sion of a case like this-a case des- flattered ourselves that we should em- they were sue, and yet never forgot
-sase shicers; and my sincere and tined to stand as one of some note in trap him into making a speech for tus or overlooked the claims of sane em-
swe-meant enconium only brought a our legal reports for ages to come. to laugh at, we had better look for preesit. He was never beguiled into
good-natured smile to his face, accom- It fell to Judge Cooley to draw up amusement elsewhere and find some- metaphysics, and never found time to
panied by pools-poohs of ncredusijy. Iri the opinion, and, of course, to work body else to serve as a figure-head for push his facile pen very much beyond
read the manuscript with interest and oit the result agreed out in a fit and the court.' the law and history.
.n3josyment, and had no question con- proper minner. I need not ad tuthat he wenst, nd al- In the realm of mechanics hue as
serning its transcendent merit. " His assoclates expected it would be though he made no speech, received far asove thousands who pass their
It seemed too apparent to admit of carried over. But late in the after- due recognition and came back well hives it it; and he always sought to
sloubt that the most pressing want of noon succeeding the day of hearing pleased. keep abreast of the contemporary
the epoch, in the line of legal liter- I happened into his room at the hotel We were sitting one 19th of April learning respecting physical scienc
alrti, was met, and met triumphantly, and found him with coat off, seated at under a long and dreary argument, You all know how he loved the Uni-
T said as much to hiu, and predicted his table, with the big record open be- and recalling the glory of that historic versity and how zealous hue was for its
eixce thie ancient notion that no ele- fore him, and scoring page after page day, I wrote on a slip of paper and true glory.
ientary law book could be received of legal cap as though the exercise passed to Judge Cooley this verse So, too, you all know how deeply he
.s authority during the author's life- was merely a delightful recreation. from Emerson's poen: felt for the success and solid fame of
time would be now wholly ignored, and At a glance I saw he was it full "By this rude bridge that arched the tie great laws school ; but it is say pro-
ghat before the lapse of ten years this swing on the mining case, and when I flood, ince to tell you that he lived day and
book would be cited in the best state rather expostulated he replied that it Their flag to AprIl's breeze unfurled, night in the desire to help tie young
eonrts, and moreover in the Supreme was due to the parties that the contro- Here once the embattled tarmers man under iis care to the highest ran
,ourt of the Union. versy shall be terminated, and stood in law, and in ethics as weli
He met my enthusiasm with a good- further damage and expense And fired the shot heard round the But I ammoverdong my time and out-
.titured nhit at my obtuseness and op- foreclosed; and he was resolved that world." .running your patience.
mra,5Om the suit should be presently wound up. He read it, and with a solemn face How vividly do I look back through
iIy prediction was, however, more -that the task must be met at some wrote beneath, substantially, and pass- the mists of half a life-time upon the
than fulfilled, and he lived to see it time; and now the facts and argu- ed back this comment: "The shots companionships of that day, and re-
cited everywhere in the nation, and ments of counsel were fresh, and could we are hearing are not as loud as that calling the loss of so many who were
mo'reover in the British House of never be better if so well understood, the farmers fired, but the powder now then co-ajutors and seeing how few
_tassris and in the most respectable of and on the score of justice and policy Isbeing burnt gives out a deal more remain, it is difficult to avoid all emo-
eke continental tribunals. there ought to be no delay-that he nsmoke." tion.
cannot forego a further reference felt quite equal to the labor, and pro- In Willy v. Snyder, a case often Making this retrospect, and seeing
ea time appearance of this work. posed to give us the result in two or cited, the storm point was upon the Judge Cooley against the back-ground
Some time after the publication I three hours. He kept his word, and description of a bull in a chattel mort- of that period, we do not see him as
happened to meet a representative of before bedtime the opinion, as it now gage, it being claimed in hostility to when more recently he was struggling
the eminent house at Boston that appears in If Michigan, was read to the mortgage, that the description was to erect a mighty tribunal on the basis
brought it out, and he told me that on us, and concurred in. too vague. of a nondescript national committee.
: :, arrival of the manuscript it was He acted in this instance upon a True, it contained several things in- Take another view. Try to imagine
,confided to the examining censor for principle that always controlled him. tended to identify the creature in the vastness of the bounty already
inspection, and that this gentleman i He would never spare himself when question, and all these had been duly heaped up in the domain of legal
was so highly pleased he shortly made the interests of suitors might be hurt approved. Moreover, it appeared that science through the labor of our great
a Aattering report, and expressed him- if he did so. the mortgagor had 110 other animals friend; and then speculate upon the
-self as greatly surprised that so fine I deem it not inopportune to make of the kind. extent of it after the lapse of centur-
a mster-piece had emanated from the special mention in this connection of It was argued, however, with much ies, and in the midst of this musing
woods of Michigan. two or three of his rare gifts. Where zeal and ingenuity, that the badges of think, or try to think, of the millions
Judge Cooley's attitude in court was most men of superior minds might be identity contained in the mortgage unon millions of those to be heirs
jaaid, kind and unpretentious; bt driven to require delay and seclusion, were uncertain-that the description of the estate he has left, and give me
Ibenaeah this mild and placable exter- Judge Cooley was never conscious of was required to be so definite that a some standard, if you can, for an ap-
Ior-lhere reigned a spirit which would being subject to such necessity. stranger having the mortgage in hand praisal of the mighty inheritance.
papgar submit to the least paltering In all my acquaintance with men of could select the property. Judge Coo- Those who, a thousand years hence,
with the authority of his office. He intellect, I have never met one more ley, commenting upon this proposition shall be speaking the tongue that
-was ever alive to the truth that the dexterous in examining documents, in and recounting the facts, was led to Shakespeare spoke, can better esti-
uaw sill not long be allowed to govern threading legal intricacies, in brushling observe that "it ought not to be diffi- mate than -we can, the value of the
rafte its ministers have ceased to be away rubbish brought into records by cult to select one bull when there was great remainder which, through its
areipsited. the muddy waters of litigation, and in only one to select from." own inherent force, shall have been
Fave reason to remember an exhi- extracting evidence from testimony; Judge Cooley was naturally hopeful preserved for their enjoyment.
~bitaaof this trait. nor one more ready and facile in stat- and inclined to be over-confident in the All we can do is to give full credit
"ta- prepared an opinion with ing, explaining and expounding mat- possibilities of his understanding for for so much as we know is now due,
-wkik the other judges were quite sat- ters of law in crystal English. Going work. He seemed to imagine that his and in the faith that our successors,

Isfied, and, following the. usual course, along with this superiority was an- powers -could not bovrae hwvrditninimilsetot
i was read and passed to the clerk. other equally remarkable trait. He The ease with which he did what that Iheir gratitude accords -with the
generally happens, one side was was able to so fix his attention upon the many could not do at all, and the benefaction bestowed.

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