Page:The Green Bag (1889–1914), Volume 04.pdf/240

 The Supreme Court of Indiana.

on the 28th of January, 1831, Ray reappointed Blackford, and Stephen C. Stevens of Jefferson County and John T. McKinney of Franklin County in place of Scott and Holman. The of Governor Ray to reappoint Scott

. _ s^.olman was, as charged at the time, and «r. rally believed, because they had decided to aid him in his senatorial aspirations.

In August, he and Black ed were opposing candidates for the of fice of governor, and he was successful over Blackford by a major ity of 2,622; and Ray thought, no doubt, that he could make friends in the Black ford ranks by reap pointing him. The action of Ray in re fusing to reappoint the full bench ren dered him very un popular. The number of cases reported in the first volume of Blackford's reports do not show the number decided by the court. For in WILLIAM stance, at the Decem ber term, 18 17, three cases are reported as decided, while the complete record shows seventeen. The opinions as spread of record are much longer than as reported, often three or four times as long. This was a liberty that Judge Blackford took in reporting them; and we are not aware of any lawyer losing his case by reason of the abbreviated opinions, or of any client suffering in pocket or reputation by reason of their condensation. The vol ume is a fine illustration of what reports may be made when their publication falls into the hands of a master mind. Volume one has 28

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but four hundred and thirty-two pages of printed opinions, yet it covers the first ten years of the court's existence; and volume two, five years. One of the important cases before the court, which is reported in the first volume, was that of Mary Clark, "a woman of color," says the reporter. A free woman of color above twenty-one years, she bound herself by indenture in the State, for a valuable consideration, to serve the obligee as a me nial servant for twenty years. Upon a writ of habeas corpus she was released from cus tody, the court hold ing that she was " in a state of involuntary servitude; " " and hav ing declared her will in respect to the present service, the law has no intendment that can contradict the decla ration." Another im portant case was that of the State Bank. The bank was char tered in 18 14, recog nized by the Constitu tion of 18 16, and by an Z. STUART. Act of 18 17 was made the State Bank, with one million dollars' capital. Having abused its power, the legislature authorized the bring ing of a writ of quo warranto against it in the Knox Circuit Court, at the instance of the State. This was done; Moore, Dewey, and Nelson appearing for the State, and Tabbs and Test for the bank. Twelve charges of malfeasance were made against the bank, nine of which the jury found true. The lower court rendered a judgment declaring not only the rights and franchises of the corporation forfeited, but also seized its property. On appeal the first part of the