Page:The Green Bag (1889–1914), Volume 04.pdf/297

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272
The Green Bag.

before his office as circuit judge had expired, he was nominated by the Republican State Convention for the office of judge of the Supreme Court and elected, taking his seat Jan. 7, 1889, succeeding Judge Zollars. He thus came to a seat on the highest court of his State before he was forty-two years of age. In the four years that Judge Olds has been upon the Supreme Court bench he has shown great industry, having prepared the opinions disposing of a large number of cases. It is impossible to give a complete list of anything near the number of cases he has written upon; but the following may be taken as fair examples of many others that could be cited : — Enyeart v. Kepler, 118 Ind. 34, on estates by entireties; The Central Union Telephone Co. v. Falley, 118 Ind. 194, holding that tele phone companies are common carriers of news; The Louisville & Nashville R. R. Co. v. Crunk, 119 Ind. 542, duty of a common carrier to a sick passenger; Moon v. Jen nings, 119 Ind. 130, right of a tenant in com mon paying off lien on property held by them as such tenants; Holland v. Bartch, 120 Ind. 46, liability of the propeller of a bicycle for negligence in its use; Stoner v. Rice, 121 Ind. 51, right of owner of land bor dering on a non-navigable lake; Rahm v. Deig, 121 Ind. 283, measure of damages as to profits on sale of a merchantable article; State v. Peele, 121 Ind. 495, on the power of the legislature to elect to an office; Rogers v. The Phenix Insurance Co., 121 Ind. 570, on fraud in procuring insurance; Culver v. Marks, 122 Ind. 554, on bank checks; Penn sylvania Co.- v. Marion, 123 Ind. 415, on negligence of a common carrier of passen gers; The Continental Insurance Co. v. Dorman, 125 Ind. 189, on waiver of forfeiture of an insurance policy; McClure v. Raben, 125 Ind. 139, on an heir's sale of his expectancy; Penso v. McCormick, 125 Ind. 116, on neg ligence in leaving an exposed pit uncovered; The State v. Hirsch, 125 Ind. 207, on what is a " primary election " as used in a statute forbidding the sale of liquor on a day when

such an election is held; Morris v. Powell, 125 Ind. 281, on the validity of a statute re quiring the registration of a certain class of electors; Jackson v. The City National Bank, 125 Ind. 347, on " options; " Anderson v. Anderson, 126 Ind. 62, on delivery of a deed; Watts v. Sweeney, 1-27 Ind. 116, on priority of a mechanics' lien for repairing an article after a chattel mortgage had been placed on it; Adams v. Bicknell, 126 Ind. 210. on malicious prosecution; The State v. Gramelspacker, 126 Ind. 398, on judicial notice. Chambers v. The State, 127 Ind. 365, on what constitutes a lucrative office; Gammon Theological Seminary v. Robbins, 128 Ind. 85, on gifts causa mortis; The Ohio and Mississippi Ry. Co. v. Pearcy, 128 Ind. 197, on liability of master to servant for negli gence; Small v. The City of Lawrence, 128 Ind. 231, on double taxation of bank stock; The Louisville, New Albany, & Chicago R. R. Co. v. Wolfe, 128 Ind. 347, ejectment of passenger for using profane language when the conductor has unnecessarily provoked him; Plank v. Jackson, 128 Ind. 424, on "options; " The Terre Haute & Indianapolis R. R. Co. v. Brunker, 128 Ind. 542, on liability of railroad for injury to traveller at crossing; Downing v. The Indiana State Board of Ag riculture, 28 N E. Rep. 123, on unconstitu tionality of a law reorganizing a quasi public corporation, and State ex rel. Holt v. Denny, 118 Ind. 447, on the validity of a statute defining a city of local self-government. Judge Olds possesses a firmness and man liness of character, combined with a genial nature, that makes him friends wherever he goes, no better evidence of which could be given than his rapid elevation to the highest judicial position his State can give him. Silas D. Coffey. In Silas D. Coffey the State has a selfmade man. He is a native of the State, his birthplace being Owen County, and the date, Feb. 23, 1839. He was a farmer's boy, and after receiving a common-school education he entered the State University in 1860, but