for brevity and clearness. His habits in the consultation room were peculiar, being mod est but extremely firm in his views, which when once formed were never changed. Judge Welch was the author of a two-vol ume Index Digest of the Ohio Decisions, which has been extensively used throughout the State. George W. McIlvaine took his seat as a member of the Supreme Court February 9, 1 87 1, serving until 1885, and was renomi nated for a fourth term, which he was com pelled by reason of his health to decline. The Bar of Ohio will remember Judge McIlvaine and his associates, Judges White, Okey, Johnson and Longworth, as one of the strongest Courts. The appreciation of Judge Mcllvaine's ability was shown by his continuous service. And why should not this rule be followed when able and compe tent judges are elected to the bench? Judge McIlvaine had previously served upon the bench of the Court of Common Pleas, where his popularity was shown by his re-election without opposition. His service upon the bench covered a period of twenty-five years, ten upon the Common Pleas and fifteen up on the Supreme Court. As a judge it is said of him that "He was, withal, a patient and attentive listener, and quite observant of Lord Bacon's direction to a judge, not to indulge in 'too much speaking.' He relied more upon principle than upon cases, cited few cases in his opinions, and the trouble some and objectionable 'obiter dicta ' sel dom found a place. He was quick in his perceptive powers, and fallacious arguments were quickly brushed away." Judge McIlvaine was very kind to the younger members of the Bar, and especially to those who applied to the Supreme Court for admission. He was a broad, liberal minded man, had no use for trifling tech nicalities in the law, nor catch-questions in law examinations. A very good story is told of him which, by way of illustrating these qualities, we shall give. There may
be those living who were concerned, but not knowing them we may be permitted to relate the anecdote. It is not quite as bad as the story of Governer John Brough's admission to the bar, but there is some thing of the same liberality in the two ex aminers. When Ben Fessenden, one of the examiners, asked John Brough, " What is law, anyhow, Mister Brough?" old Gover nor John replied, " Well, d— if I know, but I do know where we can all get a good glass of old Bourbon," and the committee and John adjourned to get the Bourbon, after which John was duly certified to as a lawyer. But keeping our eye on the squirrel, Judge McIlvaine officiated as examiner, wrhen the first class under the new law requiring students to be examined by a committee appointed by the Supreme Court was examined. This committee being new in the business, probably fully realizing their grave responsibilities, asked questions which neither lawyers, judges or students could answer. It became noised about that almost the entire class was going to fail, when the Supreme Court held a caucus and decided to call the committee in and hold a court of in quiry into the cause of such a wholesale slaughter of would-be lawyers, and Judge M. was designated to conduct the examination of the committee, who were accordingly invited into the presence of the court. Judge McIlvaine thereupon began a perusal of the questions, when he came across a question in criminal law asking what crimes were indictable under the reign of some king of England a century or more ago, and asked who prepared that question. The committeeman answered, when Judge M. asked him to give the answer, which was duly given. Judge M. then said, " Let me ask you a question. How many crimes are indictable under the statutes of Ohio?" The member of the committee became em barrassed; the Judge spoke up, saying, "You need not be worried; I couldn't answer it myself." And after conducting the in
