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 The New York Court of Appeals. He had a robust intellect, which delighted to work things out on principle, rather than delve among precedents to ascertain what other in tellects had thought. He was unquestionably a perfectly independent and fearless man, who cared as little for popular opinion and caprice as he did for the shiftings of a weathercock. He was as often as any one, perhaps oftener, a dis senter; possibly somewhat of a judicial icono clast or agnostic. . . . The people of this State

can never understand how much they have owed to the silent, re tired, modest man who has gone forever from the bench from which he diffused learning and dispensed equity for seventeen years."

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Theodore Miller. Judge Miller was born in Hudson, N. Y., in 18 16, and has always resided there. He was fitted for the junior year in college, and began the study of the law at the age of sixteen. He was district attorney for two terms. In 1861 he was elected justice of the Supreme Court, and in 1869 was re elected without oppo sition. In 1870 he was designated pre siding justice of the general term, the ap pellate branch of the Supreme Court for the third department, com prising twenty-eight counties. In 1874 he was elected to the Court of Appeals in place of Judge Peckham, deceased, by a majority of fifty thou sand. In 1886 he was retired by limitation of age. On his retiring, his associates thus ad dressed him : —

I have no doubt that Judge Rapallo de serves to be ranked withDenio.Comstock, and Allen, the greatest of our judges. His opinions may be judged from Manice v. Manice,43 N. Y. 303, on trusts; the Tweed Case, concerning cu mulative sentences, 60 "We have seen you N. Y. 559; Spinetti persisting in your work v. Atlas St. Co. 80 when health was threat N. Y. 71, on " barratry ened by the unending GEORGE F. DANFORTH. of mariners;" McNiel pressure and strain, and v. Tenth Nat. Bank, when we thought that 46 N. Y. 325, on pledge of shares by broker: you, equally with ourselves, would be better for a needed rest, and we have learned to admire Harris v. Frink, 46 N. Y. 24, on emble ments; Holland v. Alcock, 108 N. Y. 312, the patient determination which enabled you to do your work thoroughly and accurately in spite on charitable trusts. of the obstacles interposed. You retire at the In person Judge Rapallo was about the mid close of this year, having completed a longer term dle height, with the trunk of a Hercules, and a of judicial service than that of any judge now large and grand head; near-sighted, his coun upon the bench in this State, with perhaps a tenance not especially intellectual, his com single exception. The records of the court show plexion dark, and his temperament phlegmatic. the multitude and difficulty of the questions upon It is fortunate for any man if he has said which you have been required to express its ulti one thing by which he may be remembered. mate opinion or contend manfully for your own, Judge Rapallo said that one thing. He said, and testify to the completeness and range of your learning, the patience of your investigations, the "Law is educated Justice."