and believed in by everybody and exploded before he was born. His occasional hours, therefore, with his committee and with Professor Hall in the Cabinet, were among the luxuries of his life. He exhibited the same qualities as a member of those committees and as an individual associate of the members of the Board and in its meetings, which he exhibited on the Bench and at the Bar, and in social life, and which have been alluded to with such just feeling and truth by Judge Comstock and Mr. Butler; the same personal amenity, the same cheerfulness and the same quiet and unostentatious way of doing his duty under all circumstances. He left the Board of Regents by resignation, because the judicial appointment which he had received rendered him, as he thought, incompetent to hold the two offices; otherwise, as he often said to me, he would have been glad to continue in the Board, and lamented that he could not be with us at our meetings and participate in our duties as he had formerly done.

Although the office of Regent is one of much labor, no pay, and little glory, still it is well to tell of such a man as Judge JOHNSON, that he considered usefulness as the best pay and the truest honor, and that he fulfilled all the duties of that non-professional and unsalaried office, with the same ability and faithful ness, and the same personal loveliness (if I may use such an expression) that he did the more distinguished public offices which he filled.

Edgar S. Van Winkle, Esq., said:

Mr. Chairman, and Gentlemen of the Bar-After the very expressive and eloquent Resolutions, and after the just and extended remarks of the gentlemen who have spoken in regard to Judge JOHNSON's accomplishments and character, I shall not attempt to detain you by any repetition of the views which have been so well put before you; for in attempting to do so I should only display my own inferiority. Having been requested to make some remarks at this meeting, I have consented to do so; but, holding the same views as those gentlemen by whom the just character of Judge JOHNSON has been so well and so particularly set forth, it would seem that there was but little left for me to say; and there is but little, except generalities.

The custom we have, Bench and Bar, of meeting as one body on the death of any distinguished member of our profession, whose character we have revered and whose talents we have esteemed, is a beautiful custom, I think; one which tends to keep alive in our hearts a feeling of affinity with one another, a feeling that our connection with our departed friends does not cease entirely on their death, and that in our memories their talents and their virtues are embalmed, and that they serve as an incentive to us to endeavor to follow in their footsteps. And more particularly when a prominent occupant of the Bench, one who has worthily and successfully for a long period of time fulfilled the difficult duties and functions of that position departs, it seems more than ever proper that we should meet again together, the Bench and the Bar, and repeat in such meeting our estimate of the character of our departed brother. A Judge in any part of this Circuit, the territory embraced by this Circuit of the United States Court, has anything but a sinecure. We know and we see that in all the Superior Courts a Judge has a burden upon him which few constitutions, mental or physical, can bear. And I often admire the courage which enables men who know what is awaiting them in a short time, to assume the burdens of VOL. XIV.-36

such an office as this. Therefore, my friends, we should rally to the support of the custom, and speak a good word in behalf of every one of those gentlemen, those martyrs, who, having worthily fulfilled the office of Judge, have then passed away.

When, unexpectedly to me, I was requested to take a part in these observ ances, I felt inclined to refuse; but, upon consideration, it seemed to me I had no right to do so. And, moreover, I feel towards the worthy members of our profession that degree of respect and affection, I may say, that I would not refuse to contribute what little I could, however inconsiderable it might be, to the preservation of the custom which we have adopted in this country, and which we are now carrying out; and I feel a share of that loyalty which impels and justifies even the meanest clansman in casting his mite, however slight it may be, upon the cairn of a fallen chieftain. And the Judge whom we lament was a chieftain; he was a great Judge; he had those qualities which belong more especially, in their influence and fitness, to the judicial office. He had honesty, he had industry, he had intelligence, he had learning, he had fearlessness, he had firmness, and he had a love for the duties he was called to perform. As to his learning, the deci-ions with which our books are filled bear testimony. It needs no further remarks on my part. I can add nothing to what has been so well said here to-day by gentlemen well able to speak of the value of those decisions, and to judge of the learning which they embalm. That he was industrious, I think cannot be doubted, apart from the asseverations of his friends to-day; because I am persuaded, from what I have seen, that a person who filled the judicial offices which he did—and more especially in this Circuit-without industry could not with honor have survived a single Term, so great and important were the interests before him, so pressing the necessity for decision.

It is hardly necessary to extend the catalogue of qualities which I have named as those which constitute a great judge. As to the integrity and impar tiality of Judge JOHNSON, I never heard the slightest impeachment of it; nor do I believe but that the persons the most inimical to Judge JOHNSON (for even the best men have their enemies) would abstain from making such a charge as that. If we look at his decisions, if we read them carefully, we shall see that, though he was a man, as we are, and subject to all the infirmities of human nature, yet when he entered the judicial office he became removed, as it were, from those infirmities. And you perceive all through his decisions, whatever they may be, that in his mind there stood, over and above all, the figure of Justice with the flaming sword that would not permit anything unworthy to enter the sanctuary of his mind. There can be but few subjects more worthy of our consideration than that of a member of the profession who has reached the highest attainable honors it offers at the Bar, and eminent judicial honor on the Bench-I say there can be few subjects of contemplation pleasanter to the legal mind than that of such a man, subject to all the infirmities of nature, subject to all the influences that cunning or ability could spread around him, subject to be misunderstood and misrepresented, and yet who, by force of his inward contemplations and his own respect for virtue and right, has lifted himself above the fogs and tempests of the world, to a serene height, where he can look down upon the follies and weaknesses of the world as one who has passed through and over them, and can, from his elevation, announce the decrees with which law and equity, the twin

offsprings of justice, inspire him. Well and ably did he fulfil all his functions; and I trust that all here are united in one feeling, that in renewing our friendship for each other we at once strengthen the bond which binds the Bar and Bench together, and raise a tribute of affection to the memory of our friend, and of admiration for his many virtues.

Luther R. Marsh, Esq., spoke as follows:

Mr. Chairman, and Gentlemen-An early acquaintance with Judge JOHNSON, ere he came to the Bar, and since continued, may give me warrant, perhaps, fcr a single word. Were I to state my thoughts in a condensed form, I should but re-word the Resolutions. They express, I am persuaded, the sentiment of the Bar-of the Bar of this City and of the Bar of the State-at this sad bereavement. He, to honor whose memory we have met, received an inheritance from his country which he was proud to maintain. His mother was the daughter of the second son of President John Adams. As early as 1797-ere Utica had received the christening of its present name-while yet it was known only as "Old Fort Schuyler," his grandfather, Bryan Johnson, was a prominent and valued citizen, and contributed largely to the impulse the infant received in growth and prosperity. Concurrent with the present century, from the beginring down to a recent date, his father, Alexander B. Johnson, was one of the foremost men of Utica, in commerce, in influence, in finance, in literature. And so it happened that the departed Jurist came to his profession through a youth and education of uncommon advantage. All that could be done by affluence, by social position, by opportunity, by appliance, by stimulus to effort, was his; and these advantages fell not on unfruitful ground. He had an intuitive apprehension, a great intellectual capacity, and was quick to appropriate and assimilate the benefits that I have mentioned. He took delight in scientific research, and was a man of general culture and scholarly attainments. Not content with surface views, he liked to think out principles to their last analysis. He was peculiarly well fitted, as I think, for success at the Bar, for forensic debate, and for the presentation and argument of the principles that obtain in the administration of Justice. He was endowed with a sweet and magnetic voice, and a most winning manner.

But he was not to stay in the arena long. The Bench was his destiny. It was there that the largest portion of his business life was spent, in the manner narrated by the Resolutions and by the gentlemen who have preceded me-in the exercise of the Godlike prerogative of applying the principles of law to the rights of men. That he performed this duty with inflexible integrity and rare ability, in recorded opinions which stand as landmarks in the troubled sea of controversy, and to the acceptance of all, is conceded by all. I have often thought, sir, that if fortune had given him a seat on the Bench of the Supreme Court of the United States, at Washington, he would have been most admirably adapted for the wider range of that majestic tribunal, before which come, for adjudication, the conflicting interests of the whole country, and whose voice is authoritative to its utmost bounds.

Sir, I have noticed, by the newspapers, that the Bar of Utica, in his own native County of Oneida, are meeting to testify a similar honor to that which we render to his memory to-day. The city of Utica, as the city of New York,

claims him as her own. That city, sir, has done credit to her position as the geographical centre of the State, by making it, from early time, the legal centre as well. She has produced the ablest lawyer, as such, whom our State, and, as I think, our country, has seen-Samuel A. Talcott. His scarcely less famous partner, William H. Maynard, has sent down to us a reputation for transcendent ability as a lawyer, and fabulous powers of memory. Since that time she counts, among her ornaments, Greene C. Bronson, Henry R. Storrs, Joseph Kirkland, Joshua A. Spencer, Samuel Beardsley, Hiram Denio, and William Curtis Noyes. She has furnished for our State, in succession, three Attorney-Generals-Talcott, Bronson, and Beardsley. At the time of the death of the eminent Jurist whom we mourn, she filled two seats on the Bench of the highest Courts of the United States: one in the Circuit Court, which his lamented death leaves vacant, and one on the Supreme Bench at Washington. And even now, at this very hour, the Senatorial representation of the great State of New York is filled by her two citizens, Roscoe Conkling and Francis Kernan. Utica, so highly favored, now enrolls, with pride, while yet in sorrow, the name of ALEXANDER S. JOHNSON on the bright scroll of her departed sons. We, of New York, claim him too; and there, as here, the Bench and Bar, laying this tribute on his tomb, in a common sympathy mourn their loss, and hold his memory in honor.

Calvin G. Child, Esq., then said:

Mr. Chairman, and Gentlemen-I have heard the Resolutions read, and although a stranger to most of you, I desire simply to express, in common with you of the New York Bar, the sentiment which we of Connecticut, being so closely allied with you in the Second Circuit, feel upon the occasion which has called you together. The pressure of the judicial duties of Judge JOHNSON has kept him out of our State almost entirely, except in the matter of appeals. His predecessor, although a native of Connecticut, came to the Bench of this Circuit with a reputation acquired in your State. We knew him whom you mourn today by a like judicial reputation; and I could not keep silent, sir, with these proceedings before me, without taking advantage of the opportunity to express our sympathy, and our participation in these ceremonies to-day, and the respect we all feel for the Judge who has been loaned to us by the State of New York. There is an old Japanese custom, sir, that when the body of the dead passes, each neighbor shall carry it for a short distance, as a neighborly duty which they owe to the memory of him who has gone; and in that spirit, on behalf of the Bar of Connecticut, I would to-day with you stand around the bier of ALEXANDER S. JOHNSON, and speak for our Bar the sentiments that we have of respect for his memory, his judicial talents and his judicial integrity.

The Resolutions were adopted unanimously.

The President, in accordance with the Resolutions, appointed Mr. Benjamin D. Silliman and Mr. William Allen Butler a Committee to present the Resolutions to the Court of Appeals of this State and the Circuit Court of the United States for the Southern District of New York,

II.

RULES.

Rules of the Circuit Court of the United States for the Southern District of New York, adopted since the publication of the thirteenth volume of these Reports.

MAY 18th, 1878.

The Rule adopted by the Circuit Court of the United States for the Southern District of New York, to take effect July 1st, 1876, is hereby amended so as to read as follows:

"The cases and points, and all other papers furnished to the Court in calendar causes, other than causes for trial before a jury and reviews in bankruptcy, shall be printed, unless, by special order of the Court obtained eight days before the hearing, such printing or some part thereof shall be dispensed with. The appellant in appeals, the plaintiff in error in writs of error, the excepting party in exceptions to master's reports, and the moving party, on motions for a new trial and the argument of demurrers, shall cause the papers to be printed, and such papers shall include all the papers necessary for the proper presentation of the case on both sides. In all other cases, each party shall cause to be printed the pleadings, proofs and papers filed on his behalf. At the beginning of the argument each party shall furnish to his adversary three copies of his printed points, and, at least eight days before the argument, three printed copies of all other papers shall be furnished by the party printing the same to the adverse party. A party recovering costs shall be allowed his disbursements for the printing required of him by this rule."

JUNE 15th, 1878.

No warrant of arrest shall be issued by a Commissioner of the Circuit Court, in a criminal case, unless such warrant is applied for by the District Attorney, or by one of his regularly appointed assistants, in person, or by the authority of such District Attorney or assistant, produced in writing to the Commissioner. No account of any Commissioner for issuing a warrant in any other case will be approved by a judge; and every account shall be accompanied by an affidavit of the Commissioner, showing by whom each warrant was applied for, and on what authority. This order shall not apply to extradition cases.

SEPTEMBER 2d, 1878.

The appellate docket shall consist of five divisions: (1.) Appeals in Admiralty; (2.) Writs of Error; (3.) Appeals in equity cases; (4.) Appeals in bankruptcy; (5.) Reviews in bankruptcy.

The docket of original causes shall consist of four divisions: (1.) Equity