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The Green Bag.

in 1879 under the amended constitution for ten years. He served until January 4, 1892, when he retired from the bench, " carrying with him not alone the reverent respect and high esteem of his brethren of the bench and bar, but laden with the spontaneous tributes of their affection and with their earnest wishes that many years of health and happiness may yet be his lot and portion." Only once during his terms did he meet with anything amounting to considerable opposition. In the early history of the State many farmers had been induced to mortgage their farms, giving the mortgages as col lateral security to the bonds of projected railroad companies. The Supreme Court sustained the validity of these mortgages. The Farm Mortgage League then called out James H. Knowlton as their candidate, in 1 86 1, but Cole was re-elected by a large majority. For more than thirty-six years he served on the bench. His judicial labors are found in seventy-eight volumes of Wisconsin re ports — from volume four to eighty-one, in clusive — and his consideration was given to about eight thousand causes, many of them of the greatest importance, and settling the policy of the State and its rules of law on new and difficult topics. It is a record of judicial labor that has seldom been sur passed. He sat in the decision of the great Bashford v. Barstow case (4Vis. 567). He delivered the judgment of the Court in the Grimer case (16 Wis. 423), sustaining the power of the President to call out the militia and execute the laws of the Union, and for that purpose to draft and call into the field quotas from the several States. He gave an elaborate opinion in the Kemp case, denying the validity of the President's proclamation of September 24, 1862, generally suspending the privilege of the writ of /tabeas corpus (loWis. 359). He also gave the opinion in the case of Jones v. Estate of Keep (19 Wis. 369), holding that the Act of Congress of 1862, requiring stamps to be affixed to

the writs and process of state courts, was unconstitutional. These decisions were made at a time when any dissent from the legisla tion to put down the rebellion or strengthen the arm of the Federal government in its great struggle was likely to meet with the criticisms of patriotic men sternly in earnest. In many cases during his long service, the cause involved questions of vast importance to the State and some of national concern, when the weak or tim orous judge, thinking of his re-election, would " look out of the window to see how the wind blows." Such was never imputed to the members of the court in which Judge Cole sat until one generation had succeeded another on its bench and at its bar. Since his retirement, Judge Cole has re sided in Milwaukee with his son, and has acted as advisory counsel in important cases. He also has devoted himself to a systematic course of reading of the British poets and other choice literature, thus finding delight ful companionship in the evening of his long and useful life. His life has been pro longed, despite its laborious tasks, by a tem perance and regularity that make him an exemplar to the members of his profession. LUTHER S. DIXON was born in Milton, near Burlington, in the valley of the Lamoille, Vermont, June 17, 1825, of the sturdy stock of New England farmers of the early part of the century. His early training was in the common schools and academies, or "select schools," of that region, and a year or two at Norwich military academy, which was then under instructors of marked ability. There he took high rank, and was an excel lent scholar in Latin. In this school, still a successful and excellent institution, he re ceived the thorough instruction and severe mental and physical discipline so valuable in forming character. One of his memories was of an " experience march " to Boston and back, in which the cadets were tough ened to march under knapsack, and tasted