Show I Death Summons Eminent Jurist Justice Harlan Passes On OnI I OlIN MARSHALL HARLAN associate justice o othe of J JOHN the United States Supreme court has closed a carreer of four thirty-four years as a member of that thu high tribunal Summoned b by the Grim Destroyer that ever loves lo a shining mark he passes on to th the reward prepared for those who have havo labored faith faith- fulty and have followed the line of consistent honest honesty and integrity from the cradle to the grave His do do- mise renders it incumbent upon President Taft to tomake tomake I make another appointment to that great court Justice Harlan's career was such as to reflect honor and credit upon the federal judiciary Liberty Liberty- loving and honest jealous of the dignity of the court yet realizing that the court must have the peoples people 5 confidence to be effective his entire history was sue such as ns to strengthen instead of weaken the tho judicial arm of the thc government So natural was his dignity that b he be was slow to recognize an nn attempt to infringe it S So great was his belief in the integrity of his bis fellow fellow- members of the tho court that he lie spent no time in looking looking look look- ing lug for real or apparent slurs upon that integrity Confident of his own excellencies he be preferred to see them in others In his Ins judgment the federal judiciary needed no defense because it had no traducers traducers tra tra- and there was no campaign against it When John Marshall Harlan went wont to the bench he retired from an active c life that had taught him generosity generosity generosity gener gener- charity and kindness His policy polio as a jurist juris was such that those who vho came into contact net with him wished for no recall to teach tench ll him m moderation or tol tol- tol- tol eran erance e. e He had been a soldier a politician a congressman con con- grossman gressman a state official official his his varied alicd career had hat well fitted him for hi high h judicial honors The great power that was his ho regarded as conferred upon him b by the people j ho did lid not consider it as his birth birth- right He did not hold that the public should pay him the same homage that Napoleons Napoleon's soldiers conferred conferred conferred con con- upon that great conqueror nor 1101 did he desire to be regarded with the same terror with which the I Ito early Christians looked upon Nero Justice Harlan believed that a pu public lic man IDan was great eat in the same measure that his att attainments ant and anda a actions deserved ed the appellation His idea was that thai by his conduct and ideals he should dignify the office office of of- i fice rather than to expect the office to d dignify him I He mingled freely with the people on terms of perfect perfect per per- feet equality pomposity ty and bombast had haJ no place in his compo composition and those who had d been his friends during the days daj's when he be was a poor law student anc anca and anda a struggling lawyer law er were cre his friends anc and companions in the later lays days when he sat as fiS a member member mem niem- ber her of the highest tribunal in the world an and dispensed evenhanded justice It will be a sad da day for this great republic when rules for the application of the recall mccall system to toO the judiciary means nothing more nor less than that The removal from public life of such sueh jurists as John Marshall Harlan unless men of their mental stature succeed them theta means another step to toward toward toward to- to ward the recall The life he be lived his policy in his high position his demeanor and bearing as a n jurist the wise and tolerant manner in which he wielded his power r form a bett better r rn and n more convincing argument against the re recall ll than the of self proponents or opponents The government of the United States can cnn illy afford afford afford af af- af- af ford to lose him those of us who tremble at the tho apparent apparent apparent ap ap- ap- ap parent approach of the day when the judiciary will sit on the bench with the recall rope about its neck ready to be used by the mob upon the slightest pre pre- tex those who realize the powerful influence of the prominent men who are championing this recall madness madness mad maJ- ness through a mistaken sense of policy will have bave a keen sense of loss sustained More Moie jurists like John Marshall Harlan mean greater courts and greater great great- er respect for them |