district attorney of Onondaga County, and was thrice mayor of Syracuse. He was elected to this court in 1870, and on Chief Judge Folger's resignation was appointed to his post, but was defeated in his contest for that post by his next-door neighbor, Mr. Ruger. In 1884 he was re-elected asso ciate judge, with Judge Rapallo, without opposition, he being a Republican and the iatter a Democrat. He remains in the court, the sole survivor of those elected in 1870. Judge Andrews went on this bench at the early age of forty-three, without previous judi cial experience, and has constantly grown in the estimation of the bar and the public. He has a happy temperament, which has enabled him, without any sacrifice of natural dignity, to go through a trying career without making an enemy. The amenity of his manners is but the reflection of the soundness and sym pathy of his nature. His distinguishing characteristics seem to me to be a temperate and candid judgment and a beautiful considerateness. It seems that the natural bent of his mind is toward equity, and this inclination and his large experience have given him a prominent standing as an equity judge. His judgments on constitutional and statutory topics and in will cases are also highly respected. His opinions are well written, without striving for style; and his judgments are accepted as those of a thoughtful, fair, and receptive mind. Ex amples of his powers may be found in Bertholf v. O'Reilly, 74 N. Y. 509, on the constitutionality of the Civil Damage Act; Roberts v. Corning, 89 N. Y. 225, on per petuities; Van Home v. Campbell, 100 N. Y. 287, on executory devises; Avery v. Everett, 100 N. Y. 317, on the doctrine of civil death; Hynes v. McDermott, 91 N. Y. 451, on proof of marriage from cohabitation. No man stands higher in the confidence and admiration of our bar, and it is fortu nate for the State that some precious years must probably elapse before it can be de prived of the fresh fruits of the mellowed
wisdom of this most excellent man and most admirable judge. Robert Earl. Judge Earl was born in 1824, in Herki mer, N. Y., where he has always lived. He entered Union College in the junior class, and was graduated in 1845. Then he was principal of the Herkimer Academy for two years. After admission to the bar he was publisher and editor of the " Herkimer Demo crat" for several years. He was supervisor, county judge, and surrogate. He was elected to the Court of Appeals in 1869, and from January to July was chief-judge. Then he was commissioner of appeals for five years. In 1875 he was appointed judge of the Court of Appeals in place of Judge Grover, de ceased, and the next year was elected for the full term of fourteen years. It will thus be seen that Judge Earl has had the longest judicial experience of any of the present incumbents. It would be diffi cult to find a better equipped magistrate on any bench. He seems equally familiar with all the branches of the law that come before this court, and he has illuminated many of them by a vast number of laborious opin ions. Like Judge Andrews, he takes hard work easily, and he has sustained unflinch ingly an amount of judicial labor which would break down most men, and part of which has outworn several of his contempo raries. His mind is as alert, buoyant, and vigorous as it was twenty years ago; and his strong memory gives him wonderful facility in dealing with the troublesome question of precedents. He and Judge Andrews are two pillars in this court, strong, shapely, not unadorned, and upon which their associ ates and the community lean with a reposeful trust. Judge Earl eminently deserves a unanimous re-election; and if the bar could control, no doubt he would have it. I refer to the following as among Judge Earl's most celebrated opinions : Losee v. Buchanan, 51 N. Y. 476, on damage to ad joining premises by explosion of steam
