Page:The Green Bag (1889–1914), Volume 07.pdf/323

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The Green Bag.

practice of the law at Chillicothe. He has filled the positions of prosecuting attorney and judge of the Court of Common Pleas, being first elected to the latter in fall of 1876, holding it until elected to fill the va cancy on the Supreme bench caused by the resignation of Judge Mcllvaine in 1885. In 1890 he was elected to a full term. As a nisi prius judge he presided over many important trials and displayed rare ability as a trial, judge. Some of his charges to the jury have become noted. As a judge of the Supreme Court, his opin ions bear evidence of learning, careful thought and study. He regards the law as founded upon principles, and not alone upon cases. His words are susceptible of but one meaning, and are never placed in print without the most careful scrutiny and con sideration. He has written some very im portant opinions which are models for brevity and conciseness. Ford v. Osborne, 45 O. S. 1, is perhaps the most frequently cited of any late case. It settles the degree of proof required to set aside an instrument which purports to be sealed and acknowl edged, and thatthe Supreme Court will review the evidence for the purpose of determining if the rule has been violated. State ex rel. v. Standard Oil Co. 49 Ohio St. 137, was a case argued by able counsel, in which was in volved the question whether or not an agree ment by which stockholders of a corpora tion transfer their stock to trustees in consid eration of the agreement of stockholders of other companies and partnerships engaged in the same business doing likewise, all to receive in lieu of their stock trust certificates, and the trustees thereafter to control the af fairs of the corporation in the interests of the trust, is against public policy as tending to create a monopoly and control produc tion and prices. Franklin J. DlCKMAN was born in Peters burg, Virginia. He graduated from Brown University, at Providence, Rhode Island, with the salutatory honors. He was a classmate

of Hon. Samuel S. Cox, Chief Justice Thomas Durfee of Rhode Island, Hon. Francis Wayland, now at the head of Yale Law School. He took a post-graduate course at the University, pursuing literary and scientific studies. He was admitted to the bar of Rhode Island two years after leaving the University. He followed the practice of his profession in Providence un til he removed to Cleveland, Ohio. He was the Democratic candidate for the office of Attorney-General of Rhode Island, run ning on the same ticket with General A. H. Burnside, who was a candidate for Congress. He left Providence in 1858, settling in Cleve land, where he has since resided. In 1861 he was elected a member of the Ohio Legisla ture. Upon leaving the Legislature, he formed a partnership with Judge R. P. Spalding, which continued until 1875. In March, 1867, President Johnson appointed him United States District Attorney for the Northern District of Ohio, which office he re signed in March, 1869. He was appointed as one of the judges of the Supreme Court Commission of 1883, by Governor Foster. In November, 1886, he was appointed by Governor Foraker a judge of the Supreme Court, and in 1887 he was elected to fill the unexpired term of Judge Johnson. In 1889 he was elected judge of the Supreme Court for a full term, and became Chief Justice in February, 1894, which position he held until February 9, 1895. Judge Dickman has al ways had a taste for literary work, of which proclivity his written opinions bear evidence. He contributed to the pages of the "Knickerbocker Magazine " a series of arti cles on " Butler's Horae Juridicac," and was the author of contributions to other periodi cals, among which was an article on the English Revolution of 1688. Among the important opinions written by Judge Dickman are the following: In Railway Company v. Telegraph Association, 48 O. S. 390, the rights of telephone companies and street railways are fully discussed, in which the