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 The New York Court of Appeals. his justice and purity finally prevailed. His judicial career was also distinguished by modesty, dignity, just regard for those rep resenting suitors before him, and the most deliberate consideration of their causes. Many men on this bench have surpassed him in brilliancy and scholarship, and in qualities which obtain popular admiration; and the reverence in which he has always been held

is a striking proof of the truth of the utter ance of America's great philosopher, that character is stronger than intellect. I refer the student to his opinions in Williams v. Williams, 8 N.Y. 525, on charitable trusts; Trustees of the New York Protestant Epis copal School v. Davis, 31 N. Y. 574, on the constitutionality of a statuteauthorizing the sale for assessments of land held by a charita ble corporation; Dar lington v. City of New York, 31 N. Y. 164, on the constitutionality of an act providing for compensation by SAMUEL L. cities for property de stroyed by mobs; and his dissenting opinion in Caujolle v. Ferric, 23 N. Y. 90, on presumption of illegitimacy. Denio was rather short, very plump, and had a good-humored, not intellectual face, with genial blue eyes; but his head was noble and spacious. Alexander S. Johnson. Alexander S. Johnson was born in 18 17, and was educated at Yale College. He was elected to the Court of Appeals in 1851, and held that place until 1860. He became a judge of that court at an earlier age than 38

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any other person, with possibly one excep tion, upon whom the honor has ever been conferred. In 1873 he was appointed a Commissioner of Appeals to fill a vacancy, and in the same year was appointed to the Court of Appeals to fill a vacancy, and held that place until 1874. It is noteworthy that he was defeated on the Democratic ticket in 1860, and on the Republican ticket in 1874, in a canvas for the Court of Appeals. For some four years from 1864, he was engaged, under appointment by President Lincoln, as Commissioner for the United States in the settlement of claims of the Hudson's Bay and Puget Sound Com panies, under treaty with Great Britain. Subsequently he was on a commission to revise the Statutes of New York. This place he resigned on his appointment, in 1875, as United States Circuit Judge for the second district, which post he held at the time of his death in SELDEN. 1878. He had much the same mental and moral characteristics as Judge Denio, but was perhaps of a broader cast of mind and larger general culture. Judge Comstock said of him : " His was the most absolutely impartial mind that I ever knew. The par ties to a controversy were to him a mere ab straction." Of his opinions he said : " They are models of neatness, simplicity, and pre cision." He was a scientific student all his life, and a quite ardent microscopist. As Regent, it is said that his bibliographical knowledge, exquisite taste, and great cul ture were exceedingly useful in building up