Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/845

 W. VEEDER: A CENTURY OF JUDICATURE 831 the main, the same general influence for good that character- ized his earher judicial service. Perhaps his unconventional- ity was even more conspicuous in his new surroundings. Although he was to some extent overshadowed by the com- manding authority of Blackburn, he was sturdily independent in his views. And even when wrong — for he was often in the minority — he used his mother-tongue with the same directness and dry humor. At a very advanced age he showed no decay in mental power ; his strong opinion in the Vagliano case was delivered in his eighty-second year. But it is observable that his personal views on certain topics which had not commanded judicial assent became in later years more pronounced and extreme. Lord Herschell's conspicuous judicial service in the House of Lords (1886-99) entitles him to a place among the great judges of the last quarter of the century. If he fell short of Cairns' breadth of mind and lacked Selborne's subtlety, he had, nevertheless, in large measure, the qualities Avhich make for judicial excellence. His most prominent character- istics were indefatigable industry, thoroughness and accu- racy. Not even Selborne more completely exhausted a sub- ject than Herschell did in such leading cases as Derry v. Peek, Bank of England v. Vagliano, Allen v. Flood, London Joint Stock Bank v. Simmons, British South Africa Co. v. Mozambique, Russell v. Russell, Trego v. Hunt, and the Maxim-Nordenfelt case. In his zeal to leave no consideration unnoticed, he sometimes seems to wander around the issue, instead of aiming directly at it, as Cairns did. But this fault is confined mostly to his earlier opinions ; his work improved steadily in structure and finish, and his best efforts are Joint Stock Bank v. Simmons, (1892) A. C. 201; Bradford Corporation V. Pickles, (1895) A, C. 595; Lyell v. Kennedy, 9 App. Cas. 89; Enraght r. Lord Penzance, 7 App. Cas. 240. Priy Council Appeals: Le Mesurier v. Le Mesurier, (1895) A. C. 617; Abdul Messih v. Farra, 13 App. Cas. 431; Huntington v. Attrill, (1893) A. C. 150; Gera v. Ciantra, 12 App. Cas. 557; Haggard v. Pelicier Frferes, (1892) A. C. 61; Macdonald v. Whitfield, 8 App. Cas. 733. Scotcii Appeals: Mackenzie v. Mackenzie, (1895) A. C. 384; Collins V. CoUins, 9 App. Cas. 205; Ewing v. Orr-Ewing, 10 App. Cas. 499; Clarke v. Carfin Coal Co., (1891) A. C. 412; Commissioners of Income Tax V. Pemsel, (1891) A. C. 531; Palmer r. Wicke, (1894) A. C. 318; Caird v. Sime, 12 App. Cas. 326; Rothes v. Kirkcaldy Water WorkF Commissioners, 7 App. Cas. 694 ; Harvey v. Famie, 8 App. Cas. 62.