Show MORRISON B R WAITE the territorial supreme courts tribute to his hii memory in the territorial supreme court 0 on saturday afternoon JUDGE CHAS W BENNETT arose and made alade the following remarks may it please the court at the re quest of a committee of the bar association cia tion and members of the bar generally of this city it becomes my duty formally now to announce to abia court the death of hon morrison Morr isoa R walte waite late chief justice of the supreme court of the united states the chief justice died on the day of last mouth month as is well known it is due certainly to nis memory that notice of his bis demise be taken by this court for that purpose I 1 at arise ise I 1 have bare no extended speech to make but this will suggest burgest itself to the mind of every lawyer and each member of this benth bench especially that in the career effit official tal and otherwise of the late chief Justi justice cewe we have an admirable it il of ot the possibilities which our laws and system of government fur nish and provide tor for every youth born under the stars and aad stripes As we all know the late chief justice sprang from lowly walks of life of good gloo stock his heritage was good principle and thorough americanism by dint of labor dextre e often always earnest h he e ro rose se to this rank chief ju justice stice odthe of the greatest court in this land I 1 believe the greatest court in christendom it has therefore seemed proper to the members of the bar and I 1 have no doubt will seem proper to the members of this court that this notice be taken of the sad event of his bis demise on behalf of the bar I 1 now present to this court resolutions adopted by a committee appointed by the bar association and ask that they be spread upon the records of abi this court with such order as this court may mar choose to make revolved that in in the death of honorable rable morrison K R waite late thief chief justice of the supreme court of the united states we recognize the loss to our country of a great a ind and wood good man a worthy and brave minded i citizen a learned wise and upright judge adge a dignified and affable chief justice and a distinguished member of the legal profession ahat r hat from lowly lif lile e by dint ol of good ability earnest industry and thorough integrity teg rity he be worthily reached and nobly maintained a place in the illustrious line of ef our great chief justices and de departing partina we life jeff a record ot patriotic and professional work well done dohe and an honored nume as a legacy to bis country and his bis kindred I 1 move that the resolution be spread upon the journals journal 11 of f thi this court S MR MB C 8 VA RUN Add addressed essed the court as follows may it please the court I 1 had haa hoped that some older member of the bar would have been present upon this occasion casioa oc to second I 1 the motion made by my brother bennett eanett it seemed appropriate and fitting how I 1 1 ever that 1 I in my place as associate should bear some additional testimony upon the subject upon which he has ex expressed himself chief justice waite came to his high and exalted place comparatively an unknown man I 1 say unknown in the sense of one having a national fame for it is not true that within the bor ber vers of the great state of ohio he be was unknown always a lawyer with none of the characteristics of a politician his bis proclivities had bad not carried him into the wider fields of political life outside of his native state thus to bring him a repa reputation tation national in ita character and it was only I 1 believe upon the occasion of his bis being called by president grant on be halt of the united states to act in his bis capacity as a solicitor and attorney at the meeting at geneva that his merits became known to at least even a few of his bis fellow citizens whon when be was first called to nil fill the station of justice and after his confirmation by the senate it seems that it fell upon the profession and the country at large as you might say one of the surprises of history how many evil prophecies were made relative to the future course of the court and of the chief justice I 1 am unable to say but I 1 am able to say that all of them have happily been unfulfilled so that at his bis death he carried with him into the grave the respect and veneration of the profession that love and esteem which is ever dear to the lawyers heart above all others he was admired as a man as a citizen father and head of his bo household and he be was revered and esteemed as the head of the great dourt court which presides over the judicial destinies of this nation in his bis judicial life he be exemplified in a great degree it seems to me and I 1 understand it is so accorded to him by the profession at large all ail those char which go to make a great magistrate without perhaps the great technical blackketter blac kletter learning lear of ef fancy without perhaps all the greatness that went into marshalls marchalls Mar character r for there is but one marshall or mansfields character for there is but one Maus mansfield field still he be had bad within him some of those characteristics which enabled manfield man field and marshall to build up and brighten and vivify and beautify ty thelah of the country he had that faculty which enabled him as in a great degree mansfield and marshall were enabled to measure justice as distinguished from simply simely weighing eIg hing and counting precedents he measured justice in that true sen sethe be application of the law to ever changeable conditions of society realizing that its elasticity permitted its adaptation year by the ever chang ing conditions of society one of his greatest judgments in that sense in 10 my mind was that delivered by him speaking tor the court in what is known as the elevator cases that decision in one sense came as a surprise upon the profession of tue toe country yet the ever recurring years since then have but made it more clearly a ap pear that the judgment of the court fa in that case was right and that the dissenting opinions were wrong learned very learned judges dissented very learned lawyers dissented from the judgment of the court in that case but nevertheless it stands today as one of the monuments of chief Justice fame that will last longer than chiseled marble or beaten brass following that a f few w years ears the decision in the sinking fl fund lj casis cases still gave evidence to the coustry that there was at the head of the court a man who could be depended upon i with a firm and temperate hand band with unflinching courage to maintain with invincibility and ability the lawand adap tiit tift to the ever changing warns wants and conditions vf of the cowman community I 1 tU I 1 say t therefore that it is fitting that this court should as ot of ter courts will and have done recognize the worth of this great man who has gone forever and forever bye that it t is fitting that it should spread upon its records these resolutions by way of humble bumble testimonial from toe the salt lake bar and that it should adjourn out of respect for the memory of the late chief justice faite baite CHIEF JUSTICE said A few reni remarks arks in behalf ot of the court are deemed appropriate on this occasion the late chief justice waite was a fortunate man in the op port ort unties unities accorded him aim to benefit his fellowmen Fel tel and tor for his bis own promotion in the profession of the law which he be selected he found a field to which the capacities of his bis mind were peculiarly adapted for he possessed a mind that was able to understand legal principles to compre hend bend their relations and to apply them to the facts of a div n case in his bis investigations so far as I 1 have ha ve been ablerto able to discover he be was guided by the love of truth and the love leve of justice in all of his investigations he was able to consider and decide the contentions of his countrymen with deliberation and with impartiality he was patient and industrious and when the dread messenger came to summon him to his fins final rest beyond the finite and perceptible he was found busy with the duties of 1 bid Is great office pursuing them with unaa abated uc ted VW vigor 1 0 r and energy we are informed th athe bad a faith that reached beyond this thip w world 0 r to 0 a hiie it e free from pain aud and d disappointment 1 d tiam nt unattended with moral or clift infirmities itie S the generation aeration in which be lived receive immediate benefit of tits labors but his bis e uarl bunions babions to the science of the la law and the noble example that he be has left behind him will pass down to coming comic generations |