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tell you what it is; all that is very gratifying, but the fact is, on the day of election, when I was thinking of the honor that was about to be conferred upon me, and the honorable mention of my name throughout the length and breadth of this state, I met Philip Zang, the proprietor of the Zang brewery, and Philip said: 'See here, Meester Markham, how is dat, dat Choseph Heim, from Colorado Springs, can run for chustice of the peace against you, and him living in El Paso county?'”
I well remember when Stimson came to this state. It was in '83. He sought me out, as the only resident representative of the alumini of Dartmouth College, and, after asking how long a man would have to reside in Colorado before he might run for office and receiving answer, announced his firm determination to eschew politics and have nothing to do with them, at least for that length of time. He also said that he proposed to follow a judicial career; that during a summer vacation at Dartmouth he had visited a cemetery at Lebanon and had found there, inscribed upon a stone, these words, which had made a very deep impression upon him:
“At twenty-one, young Jones was bent
He died, a justice of the peace."
of the Fourth Judicial District. If I had as little regard for the truth as my brother Stimson has, I would be even more eulogistic of him. It gives me pleasure to introduce the gentleman to those present.
TOAST OF JUDGE EDWARD C. STIMSON.
"NOSCITUR A SOCIIS." Mr. Toastmaster, and my brother members of the bar: This Latin inscription has not yet been translated for my benefit. During the evening I have had several suggestions as to what it might possibly mean, but I am quite sure that if I had imagined at any time that it might possibly be construed as bringing me, even by the doctrine of relation, into any close association with the gentleman who has just taken his seat, I should have asked that some other subject might be assigned. I have known this man for a long time,-longer than he would like to tell about. His regard for the truth is not only equalled, but far surpassed by his wit and what some flattering friend has seen fit to call his wisdom. We have known each other for a great many years. I do not deserve some of the nice things he has said about me. I think I deserve a great deal more of the other things than he could possibly have imagined. From the days when "Old Dog Tray" got his quietus at the hands of "Mother Goose," something which some of my good friends have suggested as a possible interpretation of this Latin inscription, has been present in the minds of men. There are various manifestations, it may be called, of the fact that a man may be known by his associations. There are Democrats who will perhaps have full sympathy with the application of a story that I heard this afternoon from the lips of one of our distinguished visitors, to the effect that years ago,—not so many years ago, but several,—when a young man found himself in an insane asylum in the state of Kansas, near his home, he inquired of the keeper of the particular ward in which he found himself what was the particular hallucination of some of these persons who seemed to possess all the sense and all the qualities of intelligent manhood. One was pointed out to him whose particular hobby laid in the lines of musical performance, and he listened for a while to the rhapsodies of this man; and finally the person to whom he had directed his attention, after looking him over, said, “Yow, I am here because I think I am the incarna
tion of Handel, and what are you in here for?" And Bryan said,
collar, with a tall silk hat which had seen the snows of many winters and the rain of many summers, stepped up to the door of this caravansary, beckoned to John, and said “Come out here." John went out and, under the leaves and limbs of an enormous tree protecting them to some extent from the rain, the old man said, “John, what do you understand to be meant by the term “concurrent jurisdiction?!” John said, “Why, I don't know." "Well," he said, "I have just been elected county judge, and I would like to know just what that term means. I find it in the statutes." John "tumbled” in a minute, and he said, “It means that the county judge, within the limit that is fixed by the statute, has concurrent jurisdiction with the District Court, and if, whenever the District Court is called upon to settle a question that is within that limit, the county judge must sit with the district judge, if the district judge will permit him." "Well," said Judge Jones, "that is what I always understood to be meant by it, but I wanted the opinion of some good lawyer." The next morning Jones started off on his gray mule, the tails of his long coat flapping in the wind and his silk hat on the back of his head. In front of him were Taylor and Judge Henry, and in front of them was this distinguished member of the judiciary, whose name I do not give. As they passed over the mountain range, the judge in advance and Taylor and Henry behind, these gentlemen were very full of hilarity, and the judge would turn around and say, “Gentlemen, what is the cause of this unseemly hilarity? Nothing could be gotten from them,
” and when the next morning, after court was open, Jones picked up a three-legged stool, brought it up and planked it down by the side of this representative of the dignity and majesty of the law, the district judge said, “What are you doing here?” “Well, I am here to help you try this case,” said Jones. “The court doesn't need your services,” said the judge. “Well, I want to tell you that I have been elected county judge of this county, and I understand that I have concurrent jurisdiction, and I am told that some of you district judges don't like it, but I am going to insist on my rights, and I propose to sit here and help you try this case,” was the reply. “The court can dispense with your services," and so poor Jones was relegated to the obscurity from which he had arisen. That was a case where a gentleman did not care to be known by his associates.
I do not know what I am going to say about this toast, but, gentlemen, it may not be out of place for us at this time to pride ourselves on the fact that there are certain circumstances under which we shall be very glad to be known by our associates. It is not a long time since a very serious question arose and existed in the minds of all of us, whether that branch of the military service of this nation, which had had enrolled among its numbers John Paul Jones, Perry, Lawrence and Farragut,could be fully relied on in case of such an assault upon us as was likely to be made; but we found within a very short time that we had no reason to go back into the history of former days. We saw Cushing's exploit reproduced at Santiago harbor. We saw a young man, comparatively young, starting out, as Judge Philips said, a year ago, from the Chinese waters to make for himself a home somewhere in the broad eastern continent. We have had occasion ever since to be proud and very proud of the fact that never has an American flag been hauled down from the mast of any vessel to which it had been raised. We have seen men recruited from the ranches, from the workshops, and from the mines, going into an almost impossible climate for them to live in.—we have seen them come back with honors necessarily heaped upon them because of their wondrous achievements. We have seen Schley and Sampson and the rest of them do their duty at Santiago, we have seen the dark boys and the white men who were with them march up the hill of El Caney, and do wondrous duty for their fag. We are glad that we are Americans, and we have a right to be proud to be known by our associations. We have seen men swimming rivers in the island of Luzon, and we do not have to blush or be ashamed of the fact that we may be known by our associations and that wherever the name of an American citizen shall enter now or hereafter, there will grow from that very fact a certain measure of respect.
There is another thing. I have not lived in the state a long time,-not so long as some men whose wisdom they would like to have measured by their years of residence here—but it has occurred to me that it is possible for us, as members of the bar, to be proud of our association with each other as Colorado lawvers. It has seemed to me that the hills were not all in Switzerland; that loyalty, patriotism and devotion to the best that civilization means for the world should not be confined to the Alps. I have thought that the air on the summits of these hills which raise their tops towards heaven, which are brightened by the