The Supreme Court of Maine. all treating important questions which ex cited great public interest : Donahoe v. Richards, 38 Maine, 379 ( 1854), in which the court hold that a school committee are invested with quasi-judicial powers and not subject to revision by the court when hon estly and fairly used. Opinions of the Justices, 44 Maine, 521 (1857), relating to the case of Dred Scott. Judge Appleton wrote a separate answer containing a masterly grasp of the law, his tory and research of authorities. His fame as a jurist might well rest alone upon this single opinion as a good example of the breadth of his learning, ready application of authorities, and soundness of judgment. A leading case often cited in other States is Allen v. Jay, 60 Maine, 124 (1872). It holds that towns, as municipal corporations, are not constitutionally authorized to loan their credit to individuals to engage in manufacturing, or other private business. Another important case, involving the taxing power, is State v. Me. Cent. R. R. Co., 66 Maine, 488 (1877). The defend ant corporation claimed that it was exempted from taxation under a consolidation act, but the court decided otherwise; holding in its opinion that a surrender of the taxing power by the State can be established only by the most clear and explicit language. The student of history will find these opin ions are landmarks in the growth of Ameri can jurisprudence. The last named case was affirmed by the United States Supreme Court on an appeal, and is reported in 6 Otto, 499While there is never any acerbity or want of true judicial dignity in his written opin ions, there is an occasional light and harm less touch of playful humor to be found in them, and by means of which the practi tioner can instantly recall the point decided. It is the overflow of the full mind and a genial temper. " Almost all who sign as surety," says the Judge in Mayo v. Hutchin son, 57 Maine, 547, "have the occasion to
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remember the proverb of Solomon : ' He that is surety for a stranger shall smart for it, and he that hateth suretyship is sure.' But they are nevertheless held liable upon their contracts, otherwise there would be no smarting, and the proverb would fail." In overruling a faulty plea in abatement ten dered by two defendants who used inter changeably the singular pronoun " he " with the plural "they," he concludes with,the scriptural injunction, " Let him who thinketh that he standeth beware lest he falleth." He disliked tobacco, but appreciated the uses of the cigar. In an action upon a re ceipt to the sheriff who had attached some fragrant Havanas and which were not forth coming to be sold on execution, he remarks, as if glad they no longer existed : " The five thousand Spanish cigars were sold; each had accomplished its destiny, 1 tenuesque recessit Consumpta in ventos.'" He never showed temper or irritability. He was a model in this respect. Nor was he ever wanting in true courage. His life was a daily proof that he possessed a moral courage of the highest degree. He trained himself to look upon the best side of men at all times, thus no record remains of words sharp and caustic only for their wit. Yet he could give and take a good joke. We give a few illustrations : Said a merchant to the Judge, "This bankrupt law is robbing our firm of thousands of dollars." " Oh no! neighbor Jones! " replied the Judge, "it is the insolvency of your debtors." During an intermission of the law-court, just after the long and somewhat tedious pauper case of Alton v. Lagrange, the Chief-Justice turned to his associate on the bench, Judge Kent, and remarked, " I think the pauper in this case, Rand, was once a client of mine." "And that is the reason probably why he is a pauper now," quickly added Mr. Jus tice Kent. A master in chancery once asked his opinion of the reasonableness of a cer
