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 The New York Court of Appeals. boiler; The Elevated Railway Case, 70 N. Y. 327, on the constitutional question; Stuart v. Palmer, 74 N. Y. 283, on " due process" in respect to a local improvement; the Brooklyn Bridge Case, 76 N. Y. 475; the Tenement Act Case, 98 N. Y. 98, concern ing the prohibition of the manufacture of cigars in tenements; Mine v. N. Y. Cent., etc. R. Co., 101 N. Y. 98, on recovery of pro spective

damages; Ahern v. Steele, 115 N. Y. 203, on liability of tenant for nuisance; Riggs v. Palmer, 115 N. Y. 506, on inca pacity of murderer to take under the will of his victim; People v. Arensburg, 103 N. Y. 388 (dissent ing), on the oleomar garine act.

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structure and the exquisite felicitousness of their phraseology. I know of nothing more excellent than his statement of facts, which lends interest to the dryest case by its vivid and original method. I have long been ac customed to regard him and Mr. Justice Bradley as the best living judicial writers in this country, —-and that means the world. To sustain my estimate I refer to Badger v. Badger, 88 N. Y. 546, on evidence of marriage, — the case where a decedent had led a double life; Peo ple v. Phil. Fire Ins. Ass'n, 92 N. Y. 311, on regulation of for eign insurance com panies; Will of O'Hara, 95 N. Y. 403, on fraud and undue influence, — charitable trust and perpetuity; Francis Miles Finch. White v. RintouJ, 108 Judge Finch was N. Y. 223, on stat % born at Ithaca, N. Y., ute of frauds, collat eral promise; Kingsin 1827; was gradu land v. Mayor, etc., ated at Yale Univer sity; was elected to 110 N. Y. 569, on emi nent domain, — wharf the bench in 188 1. He was an original age rights; Loew v. trustee of Cornell Vanderpoel, 112 N. Y. University, and is 167, construction of a CHARLES ANDREWS. now a lecturer at the will, — unlawful sus Law School of that pension by trust. institution. He developed a literary talent Rufus W. Peckham. at an early age, and has written several poems which are widely known, — "A SmokJudge Peckham, a son of the former judge ing-Song," " Nathan Hale," and " The Blue of that name, was born in Albany in 1838, and the Gray," a tender and beautiful lyric, and received an academical education. that does as much honor to his heart as to Studying in the office of his father and Ly his head. This literary faculty has given man Tremain, he was admitted to the bar him a special distinction on the bench, for in 1859, and was associated with Mr. Tiehis opinions are among the best examples of main in practice from 1860 to 1878. He judicial writing. One always desires to read was elected district attorney of Albany them more than once, — not to understand County in 1868, and was counsel of the city them, for they are perfectly lucid, but out of Albany from 1881 to 1883, when he re of admiration of the perfection of their logical signed. In 1883 he was elected a justice of 45