Page:The Green Bag (1889–1914), Volume 07.pdf/606

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. The Supreme Court of Maine. In making a selection of his opinions that have become permanent both for ability and importance, I think the general reader will find the following cases amply sustain his judicial reputation. Eames v. Savage, 77 Maine, 212, discussing constitutional law and deciding that executions against towns may be issued against and levied upon the goods and chattels of their inhabitants, and held to be due process of law. Andrews v. King, 77 Maine, 224, was a petition for certiorari to quash the proceedings of the mayor and aldermen of Portland in removing the city marshal from his office. The opinion dis cusses and decides the nature, powers and procedure of special courts in such cases, holding that a hearing by the aldermen alone, the mayor being required to sit on the hearing, is not sufficient, even if by the officer's con sent. Boston & Maine Railroad v. County Commissioners, 79 Maine, 386, vindicating and sustaining the application of the police power of the State in requiring railroads to build and maintain townways and highways, within the limits of a railroad location, where the way crosses the track at grade, although the railroad charter provides that it is not to be altered, amended or repealed. Ayer v. W. Un. Tel. Co., 79 Maine, 493, holding that the rule requiring telegraphic messages to be repeated at the expense of the sender as a stipulation against the company's mis takes is void, being against public policy. McPherson v. Hayward, 81 Maine, 329, deals with the redemption of an equitable mortgage and is his first published decision upon this branch of the law after full equity powers had been conferred on the court. The case was ably argued by counsel for both parties, and subordinate questions of laches and parties are considered by the court. Thorndikc v. Camden, 82 Maine, 39, defines the powers of towns over money in their treasury, and discusses the duties of assessors and collectors of taxes. Symonds v. Jones, 82 Maine, 302, contains an exten sive exposition of trade-marks and labels,

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and their transfer and use. Boston & Maine Railroad v. Small, 85 Maine, 462, contains a pointed criticism of Six Carpenters' Case, 8 Coke, 146. A much considered case is Warren v. Westbrook M'fg. Co., 86 Maine, 32, treating of the partition of waters by a court of equity, where there are two natural channels in a river caused by an island. While not much given to athletics and out-door life, he employs his leisure in social pursuits and with the best authors, keeping himself abreast with the times in all that re lates to his chosen profession and current literature. His favorite studies are history and philosophy. He has been a diligent reader of the history of the law, and is a dis ciple of Sir Henry Maine. Mill and Spencer may be found on his table by the daily caller. His favorite author among the novelists is Thackeray, while he is also fond of Scott, Kingsley, and Lever. His writings do not disclose familiarity with the poets other than Shakespeare and Milton. Inclining to conservatism in politics, as lawyers are apt to be, and well grounded as a strict Orthodox in his religious views, he seems content in his judical office, its re sponsibilities and dignity. The third associate justice, Enoch Foster, of Bethel, Oxford County, was born at Newry in that county, May 10, 1839. He is the youngest child of Enoch and Pcrsis Foster. The Foster families came from England and first settled in Rowley, Mass., but his ancestors settled in Andover of that State and came from there to Maine. His father, whose name he bears, was a large and prosperous farmer. The home of his boyhood, situate on the direct route from Bethel to Umbagog Lake, a noted re sort for fish and game, recalls the oft-repeat ed allusion to the resemblance of this part of Oxford County to European mountain scenery, and to which is applied the name of American Switzerland. To the west and north are the White Mountains and other