March, 1893, serving for the remainder of the current term, which closed on the 15th of May; sat through the next term, the month of March excepted; and heard argument in a few cases at October term, 1894. Perhaps no greater eulogium can be passed on him than to say that, brief as was the period during which he was permitted to be with us, he impressed himself upon his colleagues and the country as possessed of the highest attributes of the judicial officer, and left enduring evidence of judicial eminence on the records of the court. There was no eccentricity in his success. He came here with a mind disciplined by years of experience in business and political activities, in an extensive professional practice and in the discharge of judicial duties, and stored with knowledge of affairs as well as of books, knowledge qualifying him to deal with questions promptly and with practical wisdom, rather than knowledge of things "remote from use, obscure, and subtle." Patience in hearing; assiduity in examination; quickness in grasp; clearness in thought; facility, simplicity, and directness in expression,-all these he had, and they enabled him to find the clew in records however lost in wandering mazes, and make it plain for guidance to correct results. He profoundly realized that the administration of justice is the great end of human society, and that upon the conscientious labors of those to whom that administration is committed, the protection of life and liberty and property depends, and so the endeavor to do justice ran like a golden thread through all his work. Added and superior to all other grounds of praise, it could well be said of him, as an eminent English judge said of himself, that there was one merit to which he could boldly lay claim,-the determination to do what was right, whenever that could be discovered. Of the cordial relations between Mr. Justice Jackson and his brethren, which his engaging qualities of mind and heart rendered of the closest, I do not care to speak. We part with him with a keen sense of personal bereavement as he takes his place in the goodly company of those who have gone before, though still remaining with us, one in the blood of common traditions and common labors. There is little in the performance of judicial duty to attract popular attention or to win popular applause, but the influence of faithful service such as his-of labors so abundant-of a life shortened by effort in the public interest, "cut, like the diamond, with its own dust"-can scarcely be overestimated, and sooner or later will receive its meed of recognition. The pathetic incident at the close of Mr. Justice Jackson's career, referred to by the Attorney General, was characteristic of the man. Devotion to duty had marked his course throughout, and he found in its inspiration the strength to overcome the weakness of the outward man, as, weary and languid, he appeared in his seat for the last time in obedience to the demand of public exigency. The response to the roll call under such circumstances gives complete assurance -though, indeed, it was not needed-that when, a few weeks later, he came to the passage of the river, Good Conscience, to whom in his lifetime he had spoken to meet him there, lent him his hand and so helped him over. The resolutions and the remarks by which they have been accompanied will be entered on our records, and the court will now adjourn to Monday next. APPENDIX II. Supreme Court of the United States. OCTOBER TERM, 1895. SUPREME COURT RULE. An additional rule of practice is adopted by the Supreme Court of the United States as follows: RULE 39. Mandates shall issue as of course after the expiration of thirty days from the day the judgment or decree is entered, unless the time is enlarged by order of the court, or of a justice thereof when the court is not in session, but during the term. Promulgated November 25, 1895. APPENDIX III. Supreme Court of the United States. OCTOBER TERM, 1895. ADMIRALTY RULE. The 51st Rule of Admiralty Practice is by order of court amended to read as below. To show the change the new portion of the rule is here printed in italics. RULE 51. When the defendant in his answer alleges new facts, these shall be considered as denied by the libelant, and no replication, general or special, shall be filed, unless allowed or directed by the court on proper cause shown. But within such time after the answer is filed as shall be fixed by the district court, either by general rule or by special order, the libelant may amend his libel so as to confess and avoid, or explain or add to, the new matters set forth in the answer; and within such time as may be fixed, in like manner, the defendant shall answer such amendments. Promulgated January 27, 1896. APPENDIX IV Supreme Court of the United States. OCTOBER TERM, 1895. ORDER. There having been an associate justice of this court appointed since the commencement of this term, it is ordered that the following allotment be made of the Chief Justice and Associate Justices of said court among the circuits, agreeable to the act of Congress in such case made and provided, and that such allotment be entered of record, viz.: For the First Circuit, Horace Gray, Associate Justice. For the Second Circuit, Rufus W. Peckham, Associate Justice. For the Third Circuit, George Shiras, Jr., Associate Justice. 1185 |