Williams, Frank J.

English

HELIN Digital Commons

In Memoriam: In Memory of Justice John P. Bourcier; In Memory of Senior Justice Victoria Lederberg

DOCS@RWU

Roger Williams University Law ReviewVolume 8 | Issue 2 Article 1Spring 2003In Memoriam: In Memory of Justice John P.Bourcier; In Memory of Senior Justice VictoriaLederbergFrank J. WilliamsRhode Island Supreme CourtFollow this and additional works at: http://docs.rwu.edu/rwu_LRThis In Memoriam is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion in Roger WilliamsUniversity Law Review by an authorized administrator of DOCS@RWU. For more information, please contact mwu@rwu.edu.Recommended CitationWilliams, Frank J. (2003) "In Memoriam: In Memory of Justice John P. Bourcier; In Memory of Senior Justice Victoria Lederberg,"Roger Williams University Law Review: Vol. 8: Iss. 2, Article 1.Available at: http://docs.rwu.edu/rwu_LR/vol8/iss2/1In MemoriamIn Memory ofJustice John P. Bourcier*Eulogy delivered at the Cathedral of Saints Peter and Paul forJohn P. Bourcier on August 19, 2002.Frank J. Williams**The Roman poet Ovid said, "All things change, nothing is ex-tinguished. There is nothing in the whole world which is perma-nent. Everything flows onward; all things are brought into beingwith a changing nature; the ages themselves glide by in constantmovement."John Bourcier lived a remarkable life. Most know him as ajudge. He was, as William Shakespeare described "an uprightjudge, a learned judge!" John was able to make the distinction be-tween law and justice. Laws, after all, are rules written by thelegislature. Justice is based on the relationship between peopleand the law. John knew that those who could not make this dis-tinction should not be sitting on the bench. He knew that whenthere was justice there was a pleasurable sense to the emotions.But above all, John Bourcier was a leader. While he could im-pose his will by force, more often, he did so by tact and patience.He was neither a rebel nor a conservative, but a conserver. Hewas not only an artist in using language, and inspiring people, butalso with oil paint and canvas. His life was an infinitely varied* This memoriam was originally published in 51 R.I. B.J., Nov.-Dec. 2002, at10. Reprinted with permission.** Chief Justice, Rhode Island Supreme Court; Adjunct Professor of Law,Roger Williams University School of Law.238 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 8:237mixture of leading and following, conforming and defying. He con-temporized, compromised and maneuvered. But he always held tohis view and met with the exacting definition of an individual setdown by French philosopher, George Bernanos: "A man who giveshimself or refuses himself, but never lends himself." Above all,John was an individual in the special double sense that Americansattribute to the word - the common man who was yet uncommon.He loved his family and he considered the law and our judiciary aspart of his family. His devotion to his beloved Norma makes oneunderstand that high station in life is earned by the gallantry withwhich appalling experiences are survived with grace.To the Bourcier family there are no better words of comfortthan those of President Lincoln to young Fanny McCollough whohad lost her dad in battle,In this sad world of ours, sorrow comes to all; and to theyoung, it comes with bitterest agony, because it takes themunawares. The older have learned to ever expect it. I amanxious to afford some alleviation of your present distress.Perfect relief is not possible, except with time. You are sure tobe happy again. The memory of your dear Father will yet be asad sweet feeling in your heart of a purer and holier sort thanyou have known before.... Your sincere friend, A. Lincoln.John possessed many of Lincoln's characteristics. Hardwork-ing, he came from modest surroundings, was bright, loved to bearound people, liked to tell funny stories, and loved politics and thelaw. John Bourcier was a great storyteller. Here is one he told atour last Supreme Court conference:Old Tim's faithful companion of 15 years dies and Tim goes tothe priest."Father O'Brien, my dog Spot has died and I wonder if youwould say a mass for him this week.""Sorry Tim, but we don't have services for animals. Howeverthere is a church down the line and I'm not sure just whatthey are all about but they might have a service such as youare seeking.""Thank you Father. Do you think $5,000 is enough of an of-fering to give them?""Holy Jesus, Mother of God, Tim, why didn't you tell me Spotwas Catholic!"IN MEMORIAMJohn also had his Unfamiliar Quotations. Here are some thatI remember:1. By the time he is thirty, a man should come to terms withhis limitations, but the terms do not have to be unconditionalsurrender.2. You cannot buy happiness, but a short-term lease cansometimes be arranged.3. Reunions are not my favorite activity. I don't know whichdisturbs me more, those old friends who look terrible or theones who look better than I do.4. There are some people who, by their actions, virtually re-sign from the human race, and I believe that their resigna-tion should be accepted.Today's citizens can only wish for John Bourcier's qualities.He was politic without being unprincipled, patient without beingresigned, flexible without being opportunistic, tough-minded with-out being brutal, determined without being fanatical, religiouswithout being dogmatic, and devoted to people without worshipingthem.And how did John Bourcier say he would like to beremembered? Something of it is in the present occasion - in theatmosphere of this cathedral - in his life's work that we rememberand honor.Abraham Lincoln's beloved friend, Owen Lovejoy, had died inMay in 1864 and friends wrote to Lincoln and he replied that thepressure of duties kept him from joining them in efforts for a mar-ble monument to Lovejoy, the last sentence of Lincoln's letter say-ing: "Let him have the marble monument along with the well-assured and more enduring one in the hearts of those who loveliberty, unselfishly, for all .... "Today we may say, perhaps, that the well-assured and mostenduring memorial to John Bourcier is invisibly there, today, to-morrow and for a long time yet to come. It is there in the hearts ofall those who love liberty and all those things that stand for de-cency. It is there in the men and women who understand thatwherever there is freedom, justice, and decency there have beenthose who fought, toiled, and sacrificed for it. No one could ask fora more enduring legacy. God speed, John.2003] 239In Memory ofSenior Justice Victoria Lederberg*Frank J. Williams**Over the course of our lives, we are touched by the acquain-tance of people whose legacies have shaped the course of history.In public and private ways, these people's choices have affected notonly their own lives, but the lives of those around them. SeniorJustice Victoria Lederberg was one such person.As we honor Justice Lederberg, we recognize and rememberher staunch commitment to family, the Supreme Court, justice, in-tegrity, education, and her community. This is her legacy.Coming from humble beginnings, she personified the Ameri-can "right to rise," a quality attributed to Abraham Lincoln. Sheexcelled in every endeavor that she attempted: spouse, mother,grandmother, legislator, teacher, lawyer, and jurist. As a result,she developed the noble instinct for giving the right touch ofbeauty to common and necessary things.She knew, as William Faulkner once said, "The past is notdead. In fact, it's not even past." She knew that the public memo-ries of the past are also the battlefields of the present and this iswhat made her such a good appellate judge, especially in the areasof education and the sciences.Winston Churchill once said, "Courage is rightly esteemed thefirst of human qualities.., because it is the quality which guaran-tees all others." During her successful careers, Justice Lederbergdemonstrated her courage time and time again. Her welcome tome as Chief Justice in February 2001 could not have been moregracious and supportive even though she was a candidate for theoffice. Her contributions on and off the bench greatly enhanced the* This memoriam was originally published in 51 R.I. B.J., Mar.-Apr. 2003,at 9. Reprinted with permission.** Chief Justice, Rhode Island Supreme Court; Adjunct Professor of Law,Roger Williams University School of Law.242 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 8:241jurisprudence of the Rhode Island Supreme Court. And her col-legiality made the arduous duties performed by the court mucheasier to endure.Amelia Earhart could have been writing about JusticeLederberg's philosophy on life when she penned the followingpoem:Courage is the price that life exacts for granting peace.The soul that knows it not knows no release from little things:Knows not the livid loneliness of fear,Nor mountain heights where bitter joy can hearThe sound of wings.How can life grant us boon of living, compensateFor dull gray ugliness and pregnant hateUnless we dare the soul's dominion?Each time we make a choice, we payWith courage to behold the restless day,And count it fair.Justice Lederberg was a hopeful person, who knew that theworld is never all good or all bad, but rather a complex mixture ofexcellence and the mediocrity. Her compassion and integrityshaped her interactions with this world and those who walk uponit and she tirelessly sought to tip the balance of life toward fair-ness. By her example, she taught us what it means to live a life ofhope.Shakespeare said, "The good [that] men do is often interredwith their bones." Let it not be so with Justice Lederberg, as thegood that she performed will last and be known to all for a longtime yet to come.In his wisdom, Abraham Lincoln advised, "Whatever you are,do it well." I believe that Justice Lederberg would have agreed andadded, "Whatever you do, do it kindly."

https://docs.rwu.edu/cgi/viewcontent.cgi?article=1260&amp;context=rwu_LR

In Memoriam: In Memory of Justice John P. Bourcier; In Memory of Senior Justice Victoria Lederberg

Abstract

Similar works

Full text

Available Versions

HELIN Digital Commons

DOCS@RWU

HELIN Digital Commons