States Senator, David S. Reid; and another the abutting property. State v. R. D. R. R., was the wife of Hon. O. H. Dockery, the holds that the legislature had no power to Republican candidate for Governor in 1888. prohibit a change of gauge by a railroad cor His brother, Col. David Settle, is a leading poration. Since the subsequent decisions of the United States Supreme Court in the Democrat. Judge Settle's opinions, when first upon the " Granger " and other cases, that the legisla bench, will be found in 63, 64, and 65 N. C, ture has supervisory and police powers over and, during his second occupancy of the all corporations, this decision would now bench, in 68 N. C. to 75 N. C. inclusive. His hardly be considered authority. But the opinions are generally short. His bias was subject at that time was terra incognita. As for political, not judicial life. He merely it was, Judge Rodman did not sit, Judge "bivouacked in the Supreme Court in his Bynum dissented, and it was always under march from one political position to an stood that Chief-Justice Pearson was dubiother; " but he was a man of unquestioned tante. Skinner v Hettrick, 73 N. C. 53, is ability, and had he turned his attention to an interesting discussion of the right of fish law exclusively, he would have ranked higher ery in navigable waters. Upon his second as a judge. Among his opinions may be resignation Judge Settle was succeeded by noted State v. House, N. C. 315, upon the William T. Faircloth. Nathaniel Boyden was born in Conway, larceny of animals ferce natures. State v. Linkhaw, 69 N. C. 214, is a singular case. Mass., Aug. 16, 1796. He was a soldier in the War of 18 12. He entered Williams Col The defendant had a peculiar manner of sing ing which convulsed the congregation with lege in 181 7. He went thence to Union laughter; but as it was found as a fact that College, New York, where he graduated in he sang bona fide, and the best ' he could, July, 182 1. His father was a Revolutionary the court held that he was not indictable soldier, who died in 1857, aged ninety-four. under the act for disturbing a religious con Judge Boyden came to Guilford County, N. C, in 1822. He was admitted to the bar in De gregation. The opinion is serious and short. It is a distinct loss to the world that it could cember, 1823, and settled in Stokes County, not have been written by Irving Browne or near Germantown. In 1832 he removed to Seymour D. Thompson. State v. Oliver, 70 Surry, which county he represented in the N. C. 60, overrules the old doctrine that a House of Commons in 1838 and again in man had a right to whip his wife (if he could ) 1840. In 1842 he removed to Salisbury, provided he used a switch no larger than his where he resided till his death. He repre thumb, and gallantly holds that he has no sented Rowan County in the State Senate in 1844, and in 1847 he was elected a member right to chastise her at all. State v. Collins, 70 N. C. 241, holds that of the Thirtieth Congress. He declined arethe judge, being responsible for the conduct election, and continued in practice at the bar of the court over which he presides, has had, till raised to the bench. He attended fortyfrom immemorial time, the power (though eight courts each year, and practised regu rarely exercised) to guard against a waste of larly in twelve counties. He was a member time by speeches of counsel of inordinate of the State Convention of 1865, and in 1868 length. This decision, however, gave rise to was elected as a Republican to the Fortieth Congress. Upon Judge Settle's first resigna the act of assembly depriving judges of con trol over the time of the courts in that tion, he was appointed by Governor Caldwell, respect. In Wilmington v. Yopp, 71 N. C, in May, 1871,- to the Supreme Court. He it is held that the commissioners of a town was then in his seventy-fifth year. He died at have the right to assess the cost of paving Salisbury, Nov. 5, 1873, having served on the the sidewalks of a street upon the owners of bench two years and a half. His opinions
