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164

The Green Bag.

The sessions of the court have always been held at the capital. The court consisted of three members until 1881, when the number of Associate Justices was increased to four. The Judges are elected by the electors of the State at large. The first Chief-Justice after the organization of the State in 1858 was Lafayette Emmett, with Charles E. Flandrau and Isaac Atwater for associates.

Judge Emmett was born, May 8, 1822, at Mount Vernon, Knox County, Ohio. He resided there with his parents during his minority and early manhood, receiving a common-school edu cation. His father was of Irish and Scotch par entage, his mother of German and English stock, — for several generations natives of this country. His grandfather Emmett was a soldier of the Revolution, and served under General Mor gan at the battle of the Cow Pens. His father served under THOMAS General Cass during the War of 181 2. In 1839 Mr. Emmett entered the office of Columbus Delano, subsequently Secretary of the Interior, and remained there until 1843, when he was admitted to the bar. Three years later he was elected prosecuting attor ney of his native county, and served one term. He was married in 1850, and removed to Minnesota in 1851. Upon the advent of the Pierce administration, Mr. Emmett be came Attorney-General of the Territory, by appointment of Governor Gorman, and con tinued to hold the office under Governor Medary. He was a member of the Consti-

tutional Convention, and was elected ChiefJustice at the first election of State officers. After serving a full term of seven years, he again opened an office in St. Paul. In 1872 he removed to Faribault, Minnesota, and subsequently, in 1874, became the Demo cratic candidate for Chief-Justice, but was defeated with his party. Since 1885 Judge Emmett has resided in Las Vegas, New Mexico. His judicial record is found in Vol umes II. to IX. inclu sive of the Reports, and will bear credita ble comparison with that of his predeces sors or successors. Isaac Atwater was born, May 3, 18 18, at Homer, Cortland County, New York. His early life was spent on a farm. At the age of sixteen he went to Auburn to attend an academy. After en during many hardships not necessary to de scribe in detail, but common to the life of a poor student, a solid pecuniary basis was se cured by the appoint WILSON. ment to a position as gardener at a salary of five dollars a week. After a period of teach ing, the portals of Yale were reached in 1840, and from this institution he was graduated four years later. Three years were spent in securing a diploma from the Yale Law School. After a short time spent in practice at Buffalo, he removed to Minnesota and opened an office in St. Anthony. The Legislature of 1850 elected the young lawyer a Regent of the State University. As a member of the Board of Regents, and as its Secretary and Treas urer, he was largely instrumental in securing for the University the beautiful site it now

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