practice and of substantive right that grew out of the changed situation. Fortunately for the people of Kentucky they placed on the bench of their Court of Appeals men equal to the responsibility imposed upon them. Four Judges of the court were chosen at the election held in May, 1851, viz: James Simpson, Elijah Hise, Thomas A. Marshall and B. Mills Crenshaw. Judges Simpson and Marshall had been members of the court under the old constitution — Marshall having been Chief Justice and Simpson having been commissioned Associ ate Justice on June 7, 1847. Prior to his service on the Court of Ap peals, Judge Simpson had been for twelve years on the bench of the Circuit Court. It is said that not one of his decisions at nisi prins was ever reversed by the Court of Appeals. No higher meed of praise can be paid to him than to say that in all respects he was worthy to fill the exalted office to which he was called. The advocates of an elective judiciary have great reason to congratulate themselves upon the men who have been honored with judicial position in Kentucky since 1850, and to the first Court of Appeals under the system is much of the credit due. Judge Simpson's connection with the court for ten years after the constitution of 1850 gave to it a conservatism and a dignity that well became a court whose history has been the pride of the Commonwealth. In the allotment of terms provided for in the new constitution, Judge Simpson drew the shortest term of office and there fore became Chief Justice of the court. His first elective term of. office expired in August, 1852, when he was again chosen for a full term of eight years, ending in August, 1860. During the last two years of this term 1858-1860, he was again Chief Justice by operation of the law. He de clined to stand for re-election when his last term expired.
For more than twenty-five years Judge Simpson served his state in judicial posi tion. During all that time he enjoyed, to the full, the absolute confidence of his people, and he established a reputation for learning and ability that has made his opinions of the highest authority throughout the Union. The cases decided by him in volve every branch of litigation then current and they are to be found in the official re ports of Kentucky from 8 Ben Monroe to 3 Metcalfe inclusive. His private life was as pure as his official life was spotless. He was born of good parentage, in Bel fast, Ireland, on March 16, 1796. His father was a man of culture who was com pelled by the misfortunes of his unhappy country to emigrate to America. He set tled in Clark County, Kentucky, when his son James was very young. Here the future Chief Justice made good use of such educational facilities as the schools of the country afforded, but most of all he profited by the instruction he received at the hands of his honored father. Coming to the bar at an early age he repre sented his district in each House of the State Legislature before his appointment in 1835 to the office of Circuit Judge. Thencefor ward he ranked as one of the ablest and purest jurists that the state ever had. After his retirement from the bench he took up the practice of law, at Winchester, Kentucky, where he died May i, 1876, in his eighty-first year. ELIJAH HISE. When Chief Justice Simpson's first term of office under the new constitution expired in 1852, Elijah Hise, as the Judge having by allotment the shortest time to serve, became Chief Justice for two years by oper ation of the law. His term of service in the court was brief extending only frora May, 1851, to August, 1854. Before he went on the bench, Judge Hise
