one hair from his course did the intrepid and fearless judge ever waver. Again, in the period of financial de pression following the year 185/, the many actions brought by non-residents in the dis trict court against their debtors caused much outcry against the court, as always happens in such periods of financial distress. The court was stigmatized " the plaintiff's court," and much evil was spoken of it. Another class of cases arose in which he, in common with most federal judges, was obliged to rule contrary to local feeling and interest, and came to be distrusted and de nounced. Questions as to validity of bonds in the hands of distant holders, which had been recklessly issued in the times of rapid growth by towns, cities and counties, came before him. He decided them, as the fed eral courts have generally done, and as is now deemed just; but it brought upon the sturdy and honest judge much of local cen sure and distrust, and put his judicial firm ness to the severest test. But Judge Miller's character as an upright, faithful judge was generally acknowledged, and he stood high in the estimation of the bar. After the occa sions had passed when feeling or prejudice ran so high, it came to be appreciated that Judge Miller had always acted from a high and stern sense of judicial duty; that he had faithfully administered the law as he believed it to be. His judicial action might be odi ous and unpopular, but it was, as he believed, but duty. For a time, under something like a cloud of obloquy, growing out of the ex citing political controversies,, his reputation as a faithful, painstaking, laborious and able judge steadily advanced. Men who had at one time joined in the popular outcry, at last came to understand that he was exer cising the highest attribute of the judge. His decisionswhich provoked the most com plaint have been affirmed, and principles that he first applied have become settled and accepted law. It is now conceded by all that he was a remarkably able and just
judge. In admiralty, he was regarded as having few if any superiors in the country. He excelled as a judge in chancery causes, giving them the mosj patient and laborious examination. In the common law he was profoundly learned, and in federal jurispru dence and jurisdiction his thirty-five years of laborious study had made him master. He presided with great dignity, but was affable and kind to the members of th'e bar, unyielding in rule, but indulgent in practice. Chief-Justice Ryan said, " His patience was wonderful. I have seen it tried as I never saw another judge's, and I never saw his temper visibly ruffled. His forbearing selfpossession was admirable; and it appeared to be a native grace of character, not a habit." When he retired from the bench he was the oldest judge in commission of the federal list. When he came to the bench, he found the practice loose and chaotic, but he reduced it to order and system. He was one of the hardest worked of judges, but his hardy constitution and regularity of life en abled him to perform it, and always to bring to it the fullness of his powers. " His per sonal morality was of a high type. As the head of a family, he was a model for men to applaud and copy. He walked all the com mon ways of life with the upright carriage of a considerate, kindly, worthy Christian gen tleman." So says Ryan, who, as an advo cate, often disappointed, could not divest his mind of the "ancient grudge." It was said of Judge Miller that he "loved power." For this he was censured. It has been the lot of all federal judges to be thus charged. It could but be the fate of a federal judge to be so criticised in Wisconsin during the period that Judge Miller served. But denunciation had no effect upon him. " Regardless of all outcry he held his own way," says ChiefJustice Ryan. "And so he appeared to others arbitrary, when he was only true to his own sense of the duty and dignity of his office." During the period of his greatest un
