Page:The Green Bag (1889–1914), Volume 05.pdf/239

 212

The. Green Bag.

in the Federal system, commercial law, banking, interstate commerce, the powers of and limitations upon the Interstate Com merce Commission, the domestic relations and most of the varied human relations of men, inter sese and as political units, with the State and with the United States. Some fifty of these cases are reported in the "Federal Reporter." These fully illustrate the wide range and varied powers and capa cities of the judicial mind, his legal learning, power of concentration, and concise business methods. The case of Mclntosh v. Flint & Père Marquette R'y Co. exhibits the mar vellous care and patience with which he toils through facts, making the complex simple and the obscure clear, making and stating an account with a grasp of generalities and of applicable principles of law and with an arithmetical facility in details beyond that of any clerk upon his circuit. The Lawrence M'f'g Co. v. The Tenn. M'f'g Co. was a case of trademark, involving large interests, with a vast mass of proof taken through out the United States, — a case requiring examination of many authorities, American and English. The opinion exhibits a patient sifting of wheat from mountains of chaff, in evidence, a clear and discriminating review of points 'of authority bearing direct upon the question at issue. Upon appeal, his decision was affirmed by the Supreme Court. Stutz v. Handley involved the lia bilities of stockholders, where an insolvent or failing corporation had issued stock, ac companied by bonds, taken by the old stock holders. The case was hotly contested, and after a thorough review of American State and Federal and of English authorities, the Court decreed payment of unpaid stock on behalf of creditors such as were entitled to have looked to such increase of capital stock. The decision was reversed in part by the Supreme Court; but it was clearly a reversal of former United States decisions, andan adoption of the English principle. The Ky. & I. Bridge Co. v. L. & N. R. R. Co. is an exhaustive discussion of the powers of

Congress in matters of interstate commerce, of the powers conferred upon the Interstate Commerce Commission, of jurisdiction and citizenship, of the powers of the Circuit Courts in matters growing out of the action of the Commission, of rates and charges; and it is one of the most instructive cases in that new and difficult branch of the law. The patent cases heard and determined dis play a wonderful research into patent laws on the part of one to whom that branch of jurisprudence was almost a new one when he took his seat upon the Federal Bench. They exhibit not only a clear insight into the patent system and laws and their appli cation, but a wonderful grasp of mechanics, along with a clear comprehension of the common-law principles, often applicable to patents in their various relations to com merce and trade, and when and where these are applicable, and when they are and when they are not within the jurisdiction of the Federal Courts. The case of United States v. Harper was an indictment under the National Banking Acts for various alleged violations of law. The case was one of more than one hundred counts, involving numerous large and intri cate banking transactions, documentary, oral, and expert proof, bringing before the jury a vast mass of complex and undigested arith metical and other facts. The part of the Judge was that most difficult and delicate part in judicial life, — to see that the defend ant had the benefit of all his legal rights and privileges, to see that society did not suffer from the social position, business con nection and standing, and appeals for sym pathy, of the defendant. The defendant was convicted and sentenced. A reading of difficult cases reported would attest the marvellous patience and toil of a laborious man, leaving an erroneous idea of only plodding. In order to know how erro neous this idea is, it is necessary to see the Judge upon the bench, face to face with a vast web of intricate facts. It is then seen that there is a capacity for toil, but also a