Page:The Green Bag (1889–1914), Volume 08.pdf/36

 The Supreme Court of Maine. and for its pith attracted attention : " The right of the importer ends where the law of self-preservation necessarily begins." Judge Whitehouse was appointed to the bench of this court April 24, 1890, suc ceeding Judge Danforth, who died the 30th of March preceding. His previous experi ence on the bench of the Superior Court at once gave assurance of his success as a nisi prius judge in this court, and the last five volumes of Maine Reports amply attest the ease and ability with which he performs his work as a law judge. He has already writ ten several opinions noted for their interest and which show a full and vigorous style. His references to the authorities and decided cases are ample and with enough of apt quotation to save the reader from the labor of taking the book itself down from the shelf. Of his opinions I think the fol lowing will fairly exhibit these qualities: Jackson v. Esten, 83 Maine, 162 (fraudu lent conveyances); Lyman v. Kennebunkport, ibid., 21Q (pauper); Haight v. Hamor, ibid., 453 (deed); Dean, petitioner for naturalization, ibid., 489; Steward v. Welch, 84 Maine, 308 (mortgage); Coffin v. Freeman, ibid., 535 (real action); Atty. Genl. v. Newell, 85 Maine, 246 (mandamus, elections); Engel v. Ayer, ibid., 448, (deed); Curran v. Clayton, 86 Maine, 42 (Australian ballot); Rogers v. Steamboat Co., ibid., 261 (free pass); Chase v. Port land, ibid., 367 (way, damages); Pollard v. R. R. Co., 87 Maine, 51 (negligence, remote and proximate cause); In re R. R. Commissioners, ibid., 247 (grade cross ings); Pulsifer v. Berry, ibid., 405 (ex perts); Doyle v. Whalen, ibid., 414 (char ity, Eastport Fire Fund); Hall v. Perry, ibid., 569 (testamentary capacity); Smith v. R. R. Co., ibid., (contributory negligence, flying-switch). His style indicates a good knowledge of both English and Latin classics, and is nat ural and finished. His sociability makes him an engaging companion and a charm

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ing conversationalist. His love of nature — for he is a good hunter and fisherman — combined with a genial and sunny tem perament, will prevent his becoming narrow or over-conservative. He received the degree of Doctor of Laws from his alma mater, Colby Univer sity, at the last commencement. Andrew Peters Wiswell, the seventh associate justice, only child of Arno and Sally (Peters) Wiswell, is a native of Ells worth, Hancock County, Maine, where he was born July 11, 1852. His father, the late Arno Wiswell, whose friendship and hospitality I enjoyed when I began the practice of the law in the same county, was a leader in the Hancock Bar and well known for his power as an advocate, a love for his profession and genial courtesy in his inter course with men. His addresses to the jury, especially in criminal cases, were powerful and at times eloquent. While he did not seek political preferment he was always a trusted adviser of the Democratic party, whose principles he early adhered to and for which Frankfort, Waldo County, his place of nativity, was noted. Judge Wiswell's maternal ancestors have been already described in the sketch of Chief Justice Peters, ante, p. 516, and of whom he is a nephew. His preparatory course of education was at the Eastern Maine Seminary at Bucksport, and he next entered Bowdoin College from which he was graduated in 1873. His college life was largely devoted to history, general literature and debating. In the latter branch he became proficient and was president of the society for a time. Upon his graduation he began the earnest and diligent study of the law under the excellent tuition of his father, and was thus able to gain ad mission to the Bar in the following year; and became a partner with his father in January, 1875. His mental aptitude and training soon took him into the active trial of