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enabled him to render valuable service in the settlement of the large liabilities of the Government arising out of the war. He died at the age of 85, on September 4, 1928.
The decisions of these distinguished judges took such a wide range during their long years of service on the bench that it is possible to mention only a few as samples of their learned and careful expositions of the law.
The opinion given by Judge Howry in the case of Collins and Farwell, decided in 1899 and 1900 (34 C. Cls. 294, 35 C. Cls. 122) shows his strong grasp of the principles of the law of engineering contracts. The same is true of his later decision in Shippey v. United States, decided in 1913. (49 C. Cls. 151.) These decisions carry out to their full extent the provisions of engineering contracts relating to the powers of the engineers, while at the same time adhering to those principles of eternal justice by which after all our technical rules laid down in the books must be tested.
The Ayres case, decided in no less than three opinions by Judge Howry, 1907 and 1908 (42 C. Cls. 385, 44 C. Cls. 48, 110) involved an intricate inquiry into the rights of Indians extending far back beyond the memory of living man. The unusual question of the power and duty of the court to give an opinion at all figured to an important extent in the decision.
His grasp of international law is shown in the opinion given by him in the brigs Fanny and Hope, decided in 1911 (46 C. Cls. 214), reexamining the whole fundamental question of the French spoliation claims. By an independent course of reasoning he announced the decision of the court as constituted at that date, the conclusions reached being identical in substance with those reached twenty-five years earlier, after the entire membership of the court had changed. (Gray, 21 C. Cls. 340; Cushing, 22 C. Cls. 1.)
Chief Justice Peelle's decisions show such a wide range of knowledge in the various fields of the law that it is difficult to make a selection.
The cases of Matthews, 1897 (32 C. Cls. 123, affirmed 173 U. S. 381), and Drummond, 1900 (35 C. Cls. 356), treat with great learning the subject of rewards for the apprehension of fugitives from justice, and have been frequently cited by text writers.
The Borcherling case, 1900 (35 C. Cls. 311), is an elaborate expo sition of the vexed question of assignment of claims against the United States.
The Harvey Steel Company, 1911 (affirmed 227 U. S. 165), and the Knapp cases, 1911 (46 C. Cls. 298, 601), are learned and able expositions of the law of patents used by the Government.
The case of United Engineering & Contracting Co., 1912 (47 C. Cls. 489, affirmed 234 U. S. 236), is one of his many able expositions. of the law of engineering contracts.
The preservation of the high character of the judiciary is more than ever essential in a time of prevalent lawlessness. The Federal judicial system is constituted with a high ideal in view. A. judge when once appointed alone among all officers of the United States is secure in his tenure of office. The attempt which was made early in the nineteenth century to make impeachment the ordinary and usual method of removal of a judge obnoxious to a majority of sufficient size in the two Houses of Congress happily failed in effect. Judicial officers are alone according to a recent decision of the Supreme Court (Myers, 272 U. S. 52) secure from removal from their office at the will of the Executive. A judge therefore in giving his decision has no one to fear but God and his own conscience.
From the books of the Old Testament we get some high ideals of the judicial character:
"And said to the judges, Take heed what ye do; for ye judge not for man, but for the LORD, who is with you in the judgment.” (II Chron. 19:6).
“ Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God's :
(Deut. 1:17.) “ Ye shall do no unrighteousness in judgment; thou shalt not respect the person of the poor, nor honour the person of the mighty ; but in righteousness shalt thou judge thy neighbour.” (Lev. 19:15.)
The careers of the judges whom we are to-day mourning can be safely tested by the requirements I have quoted. They set a high example for the Executive to follow. While our judges remain of the standard of character and learning which so eminently distinguished these two judges, those who seek justice in this and other courts of the United States may feel well assured of both an intelligent and impartial decision on their rights.
By Mr. Charles F. Jones:
Wayne County, large in area and beautifully situated, lies on the eastern edge of Indiana, a little south of the center the State. Within its boundaries is the source of the east branch of the Whitewater River, which wends its course southward about fifty miles through a valley famous for its beauty, and mingles its waters with those of the Miami and Ohio Rivers.
On a farm in this county there was born to John Cox Peelle and Mary Smith Peelle, on February 11, 1843, the man whose life has done honor to his county, his State, and his country; the man who was a distinguished member of this court from 1892 to 1913, and who presided over it as chief justice during the last seven years of his service; the man in honor of whose happy memory we are assembled here to-day—the lovable and beloved Justice Stanton J. Peelle.
The public schools, a seminary in his native State, and the University of Valparaiso, from which he received the degree of LL. D., were the sources from which his early education was drawn. His postgraduate course was taken in the University of Experience. As an ardent student in this, the greatest of educational institutions, he added precious stores to his already richly endowed mind, and rose to the front rank in his chosen profession and to posts of distinction in civic, educational, and philanthropic fields of endeavor.
During his youth and early manhood he discharged the duties devolving upon him with the same devotion and fidelity as have characterized his life among us here, and with which the court, the members of the bar, and all who knew him are familiar,
When but a mere boy he answered his country's call to arms, and as corporal in the 8th and second lieutenant in the 57th Indiana Volunteers, served with honor, participating in some of the noted campaigns and engagements during the Civil War.
In 1866 he was admitted to the bar and practiced in his native State from 1866 to 1869 in Winchester, and from 1869 to 1892 in Indianapolis; was a member of the Indiana House of Representatives from 1877 to 1879 and a Member of Congress from 1881 to 1883; was appointed judge of the Court of Claims by President Harrison in 1892, serving in that capacity until 1906, when President Roosevelt appointed him chief justice of this court; and in 1913 he retired to private life.
Notwithstanding the many years of connection with this court, it was in the capital of his own State that much of his professional life was spent; that is, from 1869 to 1892. To what extent his legal career was influenced by his early associations can, of course, not be determined. In this respect, however, he was unquestionably most fortunate, as during that period of practically twenty-five years the Indianapolis bar numbered among its members more men of distinction and national reputation than during any other period in its history—such men, for instance, as Benjamin Harrison, Joseph E. McDonald, Thomas A. Hendricks, John M. Butler, W. H. H. Miller, and many others eminent in the profession. His success in life, however, notwithstanding this environment, was due, like that of others, to his own efforts and to his splendid qualities of head and heart.
I practiced before Justice Peelle for a number of years in this court, and in Indiana our home counties of Wayne and Franklin were close neighbors, but one county intervening. I became acquainted with him while he was engaged in the practice of law in Indianapolis and know well the high esteem and regard in which he was held by his associates in the profession and by the people generally.
In one's intercourse with men, even those of irreproachable character, a doubt as to the solidity of their moral structure, a fear that in an unhappy moment of weakness they may yield to temptation, sometimes arises, but no such doubt or fear ever arose in connection with the man whose memory we honor to-day. By the clearness of his understanding, his dignity, ability, sincerity, kindliness, consideration, and purity of life he inspired absolute confidence, and not only in his professional relations, but in every activity of his busy life, he commanded the respect and won the admiration and love of all with whom he came in contact. He had a judicial mind which always remained open until a case was closed. He was eminently fair, and his moral and judicial integrity were of the highest order and never were and never could be questioned.
True greatness lies in nobility of mind and kindness of heart as well as in illustrious deeds, and as the possessor of these qualities Justice Peelle was an illustrious example. His consideration for and interest in the welfare of others was recognized by all who knew him. In my observation and my contacts with him I was constantly impressed that the motto, “kindness and good will to all mankind," which many years ago I saw in my native State on a board over the door of the humble home of a sick man ninety years of age, whom I drove miles to see, was Justice Peelle's motto. I attended this aged man's funeral, and the outpouring of respect and love on that occasion proved that the motto hung not in vain over his doorway, and that he, like our departed friend, had spent his life in conformity with it.
By generous, noble, kindly deeds,
And help his brothers on their way. Persistent in the practice of Christian virtues, indefatigably industrious, devoted to duty, warm of heart, he was an
Exemplar of the nobler life,
Above all petty things and strife, and so big that were flaw or error found in his judgment or conclusions they were gladly acknowledged and corrected-an attribute of real greatness.
In his case retirement did not mean idleness, but rather increased activity for the moral, spiritual, and material betterment of his fellowmen.
By Mr. PERCY M. Cox:
The passing of a profound intellect and a great soul always brings a feeling of sadness. It is no easy task to find fitting words with which to express one's sorrow.
For ten years prior to 1915 it was my privilege to appear before the court in the presentation of cases while Judge Howry occupied a seat upon the bench. Since his retirement in 1915 it was also my pleasure to speak with Judge Howry whenever I chanced to meet him upon social occasions. On the bench, in chambers, and in conversation with him, whenever and on whatever occasion, he was always the kindly, courteous, and considerate gentleman. Like the quality of mercy, his gentleness and courtesy were not strained. They were a part of himinnate and inbred.
In his judicial work he possessed a fine analytical mind and a vast knowledge of substantive and adjective law. His opinions on questions of international law arising in the disposition of French spoliation cases will stand out in the annals of this court as milestones of judicial clarity and forensic learning. He had a rugged sense of justice and was endowed with that greatest of judicial attributes, a truly judicial temperament, a temperament which combined to an almost superhuman degree the remarkable qualities of ability, without which law can not survive; a scrupulous honesty, without which justice becomes a travesty; courtesy and patience, which begets even justice; a courage, the absence of which would threaten the very foundations of Government; and a fidelity to duty, which makes for speedy justice and consequent confidence in Government.
Judge Howry's passing has left us with a feeling of emptiness. His memory will ever remain green in the minds of those whose privilege and pleasure it was to know his worth as a scholar and a gentleman. May his spirit in the Elysian fields spread as much happiness and erudition as he did in his earthly career.
No more beautiful and fitting benediction and tribute could be rendered and paid to the memory of Judge Howry than that which he himself rendered and paid to the memory of the late Judge Lawrence Weldon on the occasion of the memorial ceremonies held in this court in April, 1905, wherein he said in concluding his eulogy:
“ His written opinions are a monument to his learning, conscientiousness, and ability that will stand as long as our courts shall endure. And now that nature has called him hence in the full maturity of his splendid powers, I join the bench and bar in bidding him an affectionate farewell. If to have lived righteously and to have kept the faith, as he unquestionably did, and if the reward to the just be what we believe it is, the soul of our dead friend will rise glorious in the judgment day.”
Remarks by members of the bar were concluded by the late Mr. Benjamin Carter, who spoke briefly in laudatory terms of Judge Howry, extolling his character and commending his conduct as a judge of the court.
Chief Justice Booth then delivered the following:
During the summer recess of this court we received the sad intelligence of the death of two of its former members, Judge Charles B. Howry and Chief Justice Stanton J. Peelle. Judge Howry died at his home in this city on July 20, 1928, and in less than a month and a half later the death of Chief Justice Peelle, his former associate in many years of service, occurred. Chief Justice Peelle and Judge Howry were near the same age. Chief Justice Peelle was born in 1843 and Judge Howry in 1844. Each had a distinguished military record, Chief Justice Peelle in the Union and Judge Howry in the Confederate Army.
Judge Howry had attained a high place in the esteem and affections of the people of his native State of Mississippi prior to coming to Washington, and Chief Justice Peelle had been signally honored and respected by the people of Indiana before he became a judge. Chief Justice Peelle retired from the bench on February 11, 1913, his