G

COMMENDATION OF THE JUDICIARY.

OVERNOR JOSEPH VANCE in his inaugural address says, among other things, of the judiciary of the state (December 13, 1836):

"I have again and again, whilst on business in the eastern cities, heard our judiciary spoken of in terms that made me proud that I was a citizen of Ohio. 'No collusion or fraud, sir,' says an eminent merchant of one of our eastern cities, 'can stand before your judiciary.' This is the character, gentlemen, that causes capital to seek employment here; this is the character that gives security to our rights, and value to our property; and to these combined causes, are to be attributed a large portion of that flowing prosperity that is felt throughout every portion of our commonwealth."

THADDEUS A. MINSHALL, who is serving his fourth term as Chief Justice of the Supreme Court of Ohio, is a native of Ohio, born in Ross County, June 19, 1834. His educational training began in the country schools, and rounded up by attendance at Mt. Pleasant Academy, in his native county. His legal education was obtained in the office of S. L. Wallace of Chillicothe, being admitted to the bar in 1861. He served in the War of the Rebellion with distinction, at the close of which he began the practice of law at Chillicothe. He has filled the positions of prosecuting attorney and judge of the Court of Common Pleas, being first elected to the latter in fall of 1876, holding it until elected to fill the vacancy on the Supreme bench caused by the resignation of Judge McIlvaine in 1885. In 1890 and 1896 he was re-elected for full terms.

As a nisi prius judge he presided over many important trials and displayed rare ability as a trial judge. Some of his charges to the jury have become noted. As judge of the Supreme Court, his opinions bear evidence of learning, careful thought and study. He regards the law as founded upon principles, and not alone upon cases. His words are susceptible of but one meaning, and are never placed in print without the most careful scrutiny and consideration. He has written some very important opinions which are models for brevity and conciseness. Ford v. Osborne 45 O. S. I., is perhaps the most frequently cited of any late case. It settles the degree of proof required to set aside an instrument which purports to be sealed and acknowledged, and that the Supreme Court will review the evidence for the purpose of determining if the rule has been violated. State ex rel. v. Standard Oil Company 49 Ohio St. 137, was a case argued by able counsel, in which was involved the question whether or not an agreement by which stockholders of a corporation transfer their stock to trustees in consideration of the agreement of stockholders of other companies and partnerships engaged in the same business doing likewise, all to receive in lieu of their stock trust certificates, and the trustees thereafter to control the affairs of the corporation in the interests of the trust, is against public policy as tending to create a monopoly and control production and prices.

MARSHALL J. WILLIAMs, a present member of the Supreme Court, was born on a farm in Fayette County, Ohio, February 22, 1837. He has the educational advantages afforded by the excellent schools at Washington C. H., to which was added a course of two years at the Ohio Wesleyan University; after which he commenced the study of law in the office of Hon. Nelson Rush, then one of the prominent lawyers in that part of the State. He was admitted to the bar in November, 1857, and immediately entered upon the practice of his profession at Washington C. H., taking a prominent position at the bar. In 1859 he was elected prosecuting attorney, and re-elected to a second term; after the completion of his term in that office he rapidly grew into an extensive and lucrative practice, being stationed on one side or the other of the most important cases in the courts of his county, his practice extending to the surrounding counties. He pursued the business of his profession uninterruptedly until 1869, when he was elected representative in the General Assembly, serving two term therein. He was a recognized leader of that body; a clear and forcible debater, and no one possessed in greater degree the respect and confidence of his fellow-members. His counsel was much sought by members in the preparation of legislative measures. Upon the close of his legislative term of office, he resumed the practice of his profession until 1884, when he was elected Judge of the Second Circuit Court. He was chosen as the first Chief Justice of the Circuit Court of the State. While occupying a position upon the bench of the Circuit Court, he was nominated by the Republican State Convention of 1886, for judge of the Supreme Court, and was elected at the ensuing election, taking his position upon the bench of that court on the ninth day of February, 1887; was its Chief Justice February 9, 1891, until February 9, 1892, when he entered upon his second term as judge of that court. Judge Williams possesses a high order of legal and judicial mind, and his opinions speak well for his ability. Judge Williams was elected as the first Dean of the Faculty of the Law Department of the Ohio State University, and was active in the promotion of the school. He is in the full possession of physical health and intellectual vigor, which, with his industrious habits, enable him to. accomplish a vast amount of work. Judge Williams was re-elected in 1891 and 1897. He will become Chief Justice in February, 1902, having served in that honorable chair twice previously during his membership of the Court.

JACOB F. BURKET, a present member of the Supreme Court, was born in Perry County, Ohio, March 25, 1837. He was elected to the additional judgeship created by the legislative enactment of 1892. In his younger days he taught school and also followed the carpenter's trade. He commenced the study of law in June, 1859, at the same time teaching school during winter months. He was admitted to the bar July 1, 1861, and commenced the practice of his profession at Ottawa, Ohio, removing to Findlay, Ohio, in April, 1862, forming a partnership with Henry Brown, Esq., which firm was dissolved May 1, 1869, after which he practiced alone until January 1, 1888, when he formed a partnership with his son Harlan F., which firm continued until taking his seat upon the Supreme bench, in February, 1893. As a lawyer he was noted for the clear manner in which he presented his principles upon which his cases were founded, his practice in more recent years being in the line of railroad and corporation law. He devoted some time also to business interests as president and director of the American and National Bank of Findlay, Ohio. Judge Burket has also taken great interest in fraternal societies, being elected Grand Master of the Odd Fellows of Ohio in 1881. He is a member of the American Bar Association and of the Ohio State Bar Association, seldom failing to attend their meetings. Judge Burket was Chief Justice of the Supreme Court in 1897, in which year he was re-elected to succeed himself as a member of the court.

WILLIAM T. SPEAR, a present member of the Supreme Court, was born June 3, 1834, in Warren, Ohio, from whence came several of Unio's distinguished judges. His father, Edward Spear, also a judge, was a native of Pennsylvania, of Scotch descent; his mother, whose lineage is traced back to colonial times, came from Norwich, Connecticut. His parents came to Onio, setting at Warren in the year of 1819.

ap

Mr. Spear received a common school education in the excellent union schools of Ohio, supplemented by a most valuable experience at the printer's trade. After serving an prenticeship upon the "Trumbull Whig and Transcript", published at Warren, he went to New York City, where he was employed in the office of the New York "Herald", and thereafter became a compositor, and later a proofreader, in the publishing house of the Appletons. The value of the practical lessons thus derived, laying as they did a solid foundation for important duties which he was called upon to perform in after life, can hardly be estimated. Perhaps no pursuit quickens the powers of conception more than the craft of the printer, and especially has the experience herein outlined been of service to the judge in the preparation of judicial opinions. Says one distinguished in the craft: "Herne has uttered a sneer at the husk and shell of learning, but the best bread is made from the whole meal, and includes the 'shorts' and the 'middlings' as well as the fine flour. If every lawyer, physician, and clergyman were to spend six months at the 'case' before entering upon his profession, he would find, even in that short time of labor, a useful and fitting preparation for such literary tasks as may afterwards devolve upon him."

The young printer appreciated his cailing, but growing tired of the confinement of the printing office, and having imbibed an ambition for the law, he returned to Warren, and at once began to learn something of the practical side of the profession of his choice, by service as deputy clerk of the Probate and Common Pleas Courts of Trumbull County. He served in these capacities for several years, devoting his spare hours, in the meantime, to the study of the law under the direction of Hon. Jacob D. Cox, since Governor of Ohio, but then of the Trumbull County Bar, nor Dean of the Cincinnati Law School, and Father of many lawyers. This preparation was followed by a course in Harvard Law School, where Mr. Spear was graduated in 1859. Being thus equipped by reason of his practical theoretical training, and ready to enter the field of contest, and having returned to Warren, where he was admitted to the bar of Ohio, he at once became a member of the firm of Cox & Ratliff. Later he was associated in practice with Hon. John C. Hutchins, now of the Court of Common Pleas of Cuyahoga County. In 1871 he was elected prosecuting attorney for Trumbull County, serving two terms, and solicitor of his native city for two terms; and for several years he was engaged in the practice with C. A. Harrington, Esq., the firm enjoying a lucrative business. Soon after laying down the duties of those minor positions, Mr. Spear was elected Judge of the Court of Common Pleas, the duties of which office he entered upon in 1898. He was re-elected at the expiration of his first term, but did not complete the second term, because of his election to the Supreme Court, which occurred in 1885. He has since been three times elected to succeed himself as a member of the Supreme Court, and in 1892 and 1897 was Chief Justice.