Legal Reminiscences. had filed his petition in equity before the new judge and secured an order against the lawless president commanding him to refrain from any interference with the new steam boat, except under a proper judicial order, and this injunction had been properly served upon him. He took the responsibility of seiz ing the boat in violation of the injunction. Upon an affidavit of the fact of the seizure and removal, the judge notified the president to shew cause why he should not be dealt with. This notice was also disre garded, and then the sheriff was ordered by the judge to arrest the president and bring him forthwith into the judicial presence. The president came with an array of counsel and followers that filled the court room. The judge listened to their clamor for a few minutes and then commanded silence. When quiet was restored he ad dressed the leading counsel for the respond ent. " Mr. S.," he asked, " what answer do you make to the petitioner's affidavits of the service of the injunction order and the seizure and removal of the steamer?" "We have a most conclusive answer," the counsel replied. " We have bought and own the steamboat and removed her be cause she was our property." "Did you know of the injunction order?" asked the judge. "We did, and I advised that it be disre garded for I knew " — He was about to say that the judge would not have granted it if he had known the facts, when the judge interposed — "That will do, Mr. S.," said the judge, "you will please be seated while I prepare an order," in tones so gentle that they were almost effeminate. "But we protest against any order! we are here to show cause against it! " ex claimed the counsel. "You must resume your seat, Mr. S., or the sheriff must take you in charge. The court is engaged and cannot hear you now," came from the judge in the same gentle tones.
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The counsel thought it prudent to sub side — his client began to look anxious and started for the door. " The presence of the respondent and his counsel is necessary," said the judge. " The sheriff will take both into custody! " Both took their seats. The judge directed the clerk to enter an order in the case. "This order," he said, "directs the sheriff to arrest the respondent who ordered the steamboat removed and the counsel who advised him to violate the in junction, and confine them in the county jail, without bail, until the steamboat is brought back to the place from which, and surrendered to the parties from whose pos session she was taken. When that is done the court will hear any questions that may arise. Until the status quo is restored, the parties cannot be heard." They were immediately arrested. The judge would not even hear an application for a few hours' delay in which to bring back the vessel. It was only when others inter fered and begged him not to subject an old lawyer to the indignity of incarceration, that a short delay of their actual commitment was secured. The steamboat was returned and for two seasons ran her brilliant career of compe tition. The gentle-spoken judge was annu ally re-elected until he was made governor of the state. I never heard any subsequent doubt suggested of his ability to maintain the dignity of the judiciary or enforce obedi ence to his orders. I never heard that the enterprise of violating one of his injunctions was tried a second time. A question in hydraulics once promised to disturb our judicial peace, and but for an accidental observation of an old-time judge, might have cost the State much money. The river system of our State was a Provi dential arrangement for the beauty of its landscape and the salubrity of its climate. Rills from ten thousand mountain springs united in a brook, which, increasing as it dashed over falls and down rocky precipices,
