Page:The Green Bag (1889–1914), Volume 14.pdf/446

 The

Vol. XIV.

No. 9.

Green

BOSTON.

Bag.

September, 1902

HORACE GRAY. By ANFrancis ENCOMIUM. R. Jones

THE end of the long and distinguished ju dicial career of Mr. Justice Gray has come. It is too soon to estimate in its entirety the greatness of it, or the irreparable loss to the law of his withdrawal from his high office. For nearly forty years he has sat upon the bench, enriching the law with his wonderful learning, a great judge, a scientific jurist, a perfect magistrate, a noble man, —noble by the gifts of nature, noble by his own great ac quirements. It is impossible, too, at this time to definitely assign him to the place among the great judges in our language, that impartial history, with an adequate apprecia tion of his achievements, will award him. Especially is it difficult, if not impossible, for the present writer to speak of Mr. Justice Gray and of his work in measured terms. Yet, I am confident that no praise is too great, and that to one who studies his judi cial work with unbiased mind, there will be created unhesitating and unqualified admira tion. The greatness of his office and of his ser vices, now unhappily ended, removes the offence of speaking of the living. In his opinions he always goes to the very heart of a legal question. He is conspicu ously ingenious and powerful and unanswer able in dealing with an entirely new legal proposition, or in settling a much vexed question Added to these great reasoning

powers is a memory singularly and wonder fully active and retentive. His terse and ac curate expression of thought is peculiarly felicitous and is a perfect vehicle in which to convey his judgments. It has made possible the proud boast that in all his long judicial career he has never written a word that later he has been obliged to take back or modify. This fact alone shows his great care and in dustry, his perfect self-criticism, his great knowledge of the law, his balance and great foresight. There has never been a judge whose opinions are less equivocable or more full of law and legal propositions, or drawn with a firmer hand and stated with greater clear ness. When you have read an opinion of Mr. Justice Gray, you have read a complete and authoritative treatise upon the points of law involved, stated in perfect and perspicu ous English. He never deals in glittering generalities. He never indulges in dicta. He never goes farther than it is necessary to go in the disposition of the case before him. He begins with a conceded and settled propo sition, and leads you on irresistibly to a con clusion that is the only possible logical or legal one, with a grasp so firm that it compels conviction. It satisfies your reason as the opinions of hardly any other judge do. In deed, I can think of but few who are in the same class with him Lord Hardwicke, Lord