ALBERT RUSSELL SAVAGE Sprague's Journal of Maine History Vol. VI Nov. Dec. 1918, Jan. 1919 No. 3 page 91-94 ALBERT RUSSELL SAVAGE It is not fulsome praise to say that the late Albert Russell Savage, Chief justice of the Supreme Judicial Court of Maine, was one of the greatest of Maine's able and honored men who have held that high position and was everywhere recognized as one of the most notable Jurists of New England. We herewith append the following response of the Court de- livered by Chief justice Cornish of the Supreme judicial Court of Maine at the special session of the Law Court held in honor of his memory: Chief Justice Savage, in whose loved memory we are met today, stepped so suddenly from the chamber we call life into the chamber we call death, which we believe is but another room ill the; house of the good Father, that he almost seems not to have left us, and it is with difficulty -that we can realize his departure He had returned to his home in Auburn on Monday, June 11th, from the law court in Bangor, where he had seemed as well as at any time during the past three years, and had presided over the session of that court with his accustomed grace and dignity. On Tuesday and Wednes- day he was busy with his judicial work, hearing causes in chambers, and preparing an extended note in a case pending the law court where there had been a divergence of views. On the day before he passed away he wrote out in his own clear and beautiful hand a decision in a matter that he had recently heard, dated it the following day, Thursday, June 14, 1917, and left it on his desk awaiting his return next morning. But next morning, instead of retiring to the courthouse and to his chambers, which by long association had become so dear to him, without warning, without pain his spirit took its flight from the burdening body, and after many years of honorable and honorable labor he was at rest. Chief Justice Savage was truly a product of northern New England, born in Vermont, educated in New Hampshire, his life work developed and completed in Maine, he was the very embodiment of the characteristics of our northern country. Towering and majestic like its mountains, placid and equable like its lakes, with a depth of reserved power like its noble rivers, his nature could and did drink in the joys and the pleasures of a verdured June, or submit in silent strength and resignation to the sorrows and disappointments of a bleak and drear November. His birth place was Ryegate, Vermont. Judge Savage was born on December 8, 1847. His father was a farmer, and there, in that remote rural community the boy grew up amid all those typic surroundings, which may then have seemed to him like privations, ),it which in reality were rich blessings. Industry, prudence, thrift, rational ambition, and patience, these constituted the environment. He was fond of recounting his early days upon the farm and looked back upon them with appreciation of their formative value. His college was Dartmouth, an insti- tution which has given three chief justices to Maine. During his college course and after graduation he taught in northern New Hampshire and northern Vermont; and as we journeyed together from Montreal to Portland a few years ago, he pointed out to me in a reminiscent mood, one of the districts in which he had taught while in college. He then studied law and was admitted to the bar of Androscoggin county at the April term, 1875, and for more than forty-two years he upheld the best traditions of that bar and of the profession. As a practicing attorney from 1875 to 1897, a period of twenty-two years, his rise from rather small be- ginnings was constant, until he was recognized as one of the leaders of the bar in the state. Those present here today who were his associates or his adversaries in many a hard-fought battle know full well the strength of his honorable warfare. Amid his many professional cares, however, he found time to serve in varied positions of public trust, in all of which he proved his capacity for administrative and judicial labor, while at the same time his own experience was broadening and his intellectual equipment was devel- oping. During this period, too, he prepared, and, on January 1, 1897, he pub- fished, the first volume of his Index Digest of the Maine Reports, a task that consumed the hours which others were devoting to rest or recreation, and thereby he made the profession his acknowledged debtor. It was a work which proved the analytical qualities of his mind, and greatly enhanced his legal reputation .................. The dominant element in Judge Savage's character was untiring indus- try. Voltaire's motto, "Always at work," was his. He had the capacity for unremitting mental labor, and he exercised that capacity to the full. "Nulla dies sine linea." Physically he was inclined to be indolent, mentally he was ever active, and herein lay the source of his strength. Each year brought growth in legal knowledge and intellectual power, as the giant oak acquires each twelve months its circle of added fibre. In his chambers, he was always busy, and when the day's work was finished and his books and his pen laid aside, he would devote hours to the solution of an intricate picture puzzle. or commit to memory a page of his favorite, Shakespeare. During the last years of his life he mastered several of the plays of the great dramatist, and could recite them verbatim, a task of magnitude. On his desk, right at band, he always kept the well-thumbed volume. In 1909 he brought out his supplemental index digest, finding time therefore amid his exacting judicial labors. To this talent for work, which is but another name for genius, we must add an open mind and an innate love of justice. If he had prejudices, he concealed them. I doubt if he possessed any. His single thought was to dis- cover the way the light of legal truth leadeth. And so, with this legal mind Constantly in training, his strength waxed with the years, and he advanced by steady strides into the ranks of Maine's great judges. At nisi prius he was welcome in every county. He was popular in the only true and desirable sense, in that popularity with him was a result and not a motive. He presided over the trial of a cause before a jury with ease and grace and dignity. He spoke infrequently. His words had therefore the greater weight. With his full mind he was able to rule promptly and squarely, thus expediting the cause, while always giving the aggrieved party his right of exception. He never feared exceptions. I have often heard him say that he was glad when exceptions were taken to a doubtful ruling, because if it was wrong he wished it to be made right. His charges to the jury were simple, clear, informing, not essays on abstract law, but plain talks to plain men on the issues before them. He was master of the situa- tion. He looked the part and he acted the part. He was free from all exhibitions of temper. He never seemed to be irritated himself, and he never irritated others. I never in my life saw any signs of anger in him. He was patient, kindly, courteous; yet there was an underlying firmness which, though not obtrusive, was silently manifest. It was felt, rather than seen. In his personal relations the same was true. There was a feeling of friendship, but somehow, except to a chosen few, it stopped just short of familiarity. He sat with nineteen different judges in the law court, beginning as a junior with Chief Justice Peters. His first published opinion was Rhoades v. Cotton, announced only one month after his appointment, and appearing in 90 Me., 453, 38 Atl., 367. His last was State v. Jenness, announced only a week before his death. This will appear in 116 Me., 100, Atl., 933. Twenty- seven volumes therefore contain the result of his appellate work. They aggregate 434 full opinions, in addition to 63 per curiam rescripts, a total of nearly five hundred decisions, representing his contribution to the juris- prudence of our state. Judge Savage had a singularly happy style. He developed his opinions so logically and so lucidly that they marched straight on to the conclusion, and they were easy reading even for a layman. His pen ran smoothly. He sought no display of learning, but the learning was disguised in terms of every- day understanding. He often made his points ;n sharp succession. He hit the nail with every blow and the wood was left unscarred. This was espe- cially true of his later opinions, in some of which the use of conjunctions is almost dispensed with, and no verb is far separated from its nominative. He did not seek the startling expression, and yet, sometimes he bordered on the epigrammatic. In one of his last opinions, Bixler v. Wright, 116 Me., 133, 100 Atl, 467, a case involving fraud in the sale of goods, we find these words, which were characteristic not only of his literary style, but of the man himself ; "The law dislikes negligence. It seeks properly to make the enforcement of men's rights depend in very considerable degree upon whether they have been negligent in conserving and protecting their rights. But the law abhors fraud. And when it comes to an issue whether fraud shall pre- vail or negligence, it would seem that a court of justice is quite as much bound to stamp out fraud, as it is to foster reasonable care." I I cannot close without a brief reference to the personal appearance of Judge Savage, so familiar to us, but unknown to those who may read these words in after years. Of commanding height, with a fully developed and well-rounded figure, and an upright carriage, he was indeed a king among men. Whenever and wherever he represented the court we were proud of him. His figure was imposing and his countenance strong and fine. He -,vas moderate in movement, moderate, too, in speech. His voice was deep and rich as a cathedral bell with a peculiarly sympathetic quality that was most charming. It attracted and held attention. Us-dally reserved and dignified, yet when that kindly smile illumined his face you were made an instant friend. He loved companionship add the society of congenial associates. He was a welcome visitor ht the fireside, and after an evening's talk before the open fire one was impressed with the sweetness as well as the strength of his character. He was singularly modest. Publicity he disliked and avoided. He met with personal bereavements in the loss of family far beyond the lot of any man within my acquaintance, but no one ever heard him utter a word of complaint. With him tribulation indeed worked patience, It softened him and made him tender. (c) 1998 Tina Vickery Courtesy of the Androscoggin Historical Society ************************************************* * * * * NOTICE: Printing the files within by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. * * * * The USGenWeb Project makes no claims or estimates of the validity of the information submitted and reminds you that each new piece of information must be researched and proved or disproved by weight of evidence. 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