USA > New York > Orleans County > Landmarks of Orleans County, New York > Part 10
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The population of Orleans county as shown in the census taken at various dates since the organization of the county is as follows: 1850, 28,501 ; 1860, 28,717 ; 1870, 27,689 ; 1880, 30, 128 ; 1890, 30,803.
Wheat was formerly the chief product of the county ; but in recent years this cereal has been superseded largely by other grains and veg- etables and especially fruits. The number of acres of improved land in the county is now something over 200,000; in 1860 it was 181,948 acres. This is divided into about 3,000 farms. The following table shows the equalized valuation of real and personal estates for 1893 :
TOWNS.
Acreage.
Assessors' Real.
Assessors' Personal.
Assessors' Total.
Sup. Real.
Sup. Total.
Albion
16,337
$2,682,952
$561,100
$3,244,052
$3,057 426
$3,618,526
Barre
33,764
1,167,570
37,850
1,205,420
1,176,032
1.213,882
Carlton
26,385}
1,196,876
55,575
1,252,45l
1,148,106
1,203,681
Clarendon. .
21,656
942,670
89,800
1,032,470
803,188
892,988
Gaines
21,138
1,112,820
158,100
1,270,920
1,349,746
1,507,846
Kendall. .
19,944
898,466
61,550
960,016
842,469
904,019
Murray .
18,633
1,868,937
159,025
2,027,962
1,592,562
1,751,587
Ridgeway.
30,956
2,997,468
406,050
3,403,518
3,127,312
3,533,362
Shelby
28,628
1,827,515
88,850
1,916,365
1,633,940
1,722,790
Yates.
22,559}
967,205
46,855
1,014,060
931,698
978,553
Total.
240,001
$15,662,479|
$1,664,755
$17,327,234| $15,662,479 $17,327,234
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The climate and soil of Orleans county are especially adapted to the growth of fruit, particularly apples. This industry has been largely developed. During the first half of the century fruit-growing, while not the chief occupation of farmers, gradually increased and it became thoroughly established that herein lay a source of profit. About 1845, when the demand for winter apples in the new Western States became active, the farmers of Orleans began grafting their trees with choice varieties, and planting new orchards. From that time on, at least until very recent years, there has been a steady and rapid increase in the orchard acreage. The fruit has flourished exceedingly in most parts of the county, the climatic influence of the winds, which from the north, northwest and northeast pass over open water before striking this terri- tory, becoming thereby tempered and raising the average of winter temperature, and at the same time serving as protection against late spring and early autumn frosts. The atmosphere of the county is also comparatively dry and the rainfall light, while the cool autumn winds from the lake region retard the ripening of winter fruits, greatly en- hancing the value of the apples. As a rule farmers have found excel- lent market for their apples and at remunerative prices. For the last ten years there has been shipped from the county an average of about 525,000 barrels of merchantable apples each year, the average price paid being $1.50 per barrel. In addition to this there is a large quan- tity of the inferior fruit that is evaporated and shipped in packages of about twenty-five pounds each and the poorest fruit is manufactured into cider in large quantities. There are now several large vinegar factories in the county. The total receipts from the apple crop each year will average about one million dollars, although the crop varies largely from year to year, some years being almost a failure.
Another prominent feature of the agriculture of the county is the growing of beans. This industry has been developed from a beginning made in 1836 by Ira Winegar, who brought a small quantity of white beans from Rensselaer county and gave some to Mr. Coe, of Yates. He planted them and divided the three pecks which he harvested among his sons and others. They planted two acres in 1838, and the crop was sold to H. V. Prentice, of Albion, for $1.75 per bushel. In 1843 it is said that more than one hundred acres were planted in the town
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ORLEANS COUNTY.
of Yates, with a considerable acreage in other towns. With the advent of the weevil in wheat, reducing the acreage of that grain, beans be- came a staple product. Since 1880 there has been an average crop raised each year in the county of 375,000 bushels, usually bringing from $1.50 to $2.00 per bushel, the usual yield per acre being about twelve to twenty bushels. In some parts of the county onions and in others tomatoes are largely raised.
The following items are of interest as bearing on the general pros- perity of the county : For the fiscal year of 1893 the expense of sup- porting the poor of the county was $9,705.39. The amount of county audits was $13,787.15. The number of school districts in the county is 141, and the number having school houses within the county is 126; the number of teachers employed, 180; number of persons of school age living in the county in June. 1893, 8,477. The receipts for school purposes were: Public money, $26,644.11; by tax, $37,575.08; trees planted in 1892, 152.
CIVIL LIST .- When the State was divided by the second constitution into eight senatorial districts, each entitled to four senators, Orleans county was made a part of the eighth district. The present constitution provides for thirty-two districts. Orleans, Niagara and Genesee consti- tuted the Twenty-eighth District until 1857, when the number was changed to the twenty-ninth. In 1879 the district was composed of Monroe and Orleans, retaining the number the twenty-ninth. By the act of 1892 the twenty-ninth is composed of the counties of Niagara, Wyoming, Orleans, Livingston and Genesee.
State senators from this county .- Gideon Hard, 1842-47 ; A. Hyde Cole, 1848-49; Ben Field, 1854-55 ; Almanzor Hutchinson, 1862-63 ; Dan H. Cole, 1864-65, and 1874-77; Edmund L. Pitts, 1880-81, and 1882-83, and 1886-87.
On the formation of Orleans county it was united with Genesee in the Twenty-ninth Congressional District. In 1832 Niagara and Orleans became the Thirty-third District; in 1842, the Thirty fourth District ; and in 1851 the Thirty-first District. An act of 1862 united Orleans and Monroe to form the Twenty- eighth District, which was renumbered the Thirtieth in 1873. In 1893 the Thirtieth District was rearranged and now consists of the counties of Niagara, Orleans, Livingston, Wyo- ming and Genesee, the same counties comprising the senatorial district.
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MEMBERS OF CONGRESS FROM ORLEANS COUNTY .-- Alfred Babcock, Albion, sessions of 1841-44; Gideon Hard, Barre, 1833-37 ; Lorenzo Burrows, Albion, 1849-53 ; Silas M. Burrows, 1857-60 (died at Medina on June 3, 1860, and was succeeded by Edwin R. Reynolds, of Albion, who completed the second term of Mr. Burroughs) ; Noah Davis, Albion, 1869-70; resigned and was appointed United States district attorney for the Southern District of New York in 1870 and Charles H. Holmes, Albion, was elected to fill vacancy, serving from 1870 to 1871 ; E. Kirke Hart, 1876-78.
ASSEMBLYMEN .- Orleans county has always constituted one Assembly district, and has been represented as follows: In the session of 1826, L. A. G. B. Grant; 1827, Abraham Cantine, Holley ; 1828, Lyman Bates, Ridgeway ; 1829, George W. Fleming, Albion ; 1830 and 1831, John H. Tyler, Yates; 1832, William J. Babbitt, Gaines; 1833, Asahel Byington, Gaines ; 1834 and 1835, Asa Clark, jr., Murray ; 1836, John Cham- berlain, Albion ; 1837, Silas M. Burroughs, Medina; 1838 and 1839, Horatio Reed; 1840, John J. Walbridge, Gaines; 1841, Richard W. Gates, Yates; 1842, Sanford E. Church, Albion ; 1843, Elisha Wright, Barre Center ; 1844, Sands Cole, Knowles- ville ; 1845, Gardner Goold, West Carlton; 1846, Dexter Kingmar, Medina; 1847, Abner Hubbard, Murray ; 1848, Arba Chubb, Gaines ; 1849, Reuben Roblee, Kendall ; 1850, 1851, and 1853, Silas M. Burroughs, Medina; 1852, George M. Copeland, Claren- don; 1854, Jeremiah Freeman; 1855, Elisha S. Whalen, Medina; 1856, Dan H. Cole, Albion ; 1857-59, Almanzor Hutchinson, Gaines; 1860, Abel Stilson, Barre Center ; 1861, Gideon Randall, Kendall; 1862, Nicholas E. Darrow, Clarendon ; 1863, John Parks, Medina ; 1864-1868, Edmund L. Pitts, Medina ; 1869, Marvin Har- ris, Kendall; 1870 and 1871, John Berry, Holley ; 1872, E. Kirk Hart, Albion; 1873- 75, Elisha S. Whalen, Medina ; 1876 and 1877, J. D. Billings, Carlton ; 1878, Charles H. Mattison, Barre; 1879, Henry A. Glidden ; 1880-81, Marcus H. Phillips, Holley ; 1882-83, Henry M. Hard, Lyndonville ; 1884-85, J. M. Dibble; 1886-7, Samuel A. Bates; 1888-89, Ira Edwards; 1890-91, Wallace L'Hommedieu, Medina; 1892-93, Adelbert J. McMcCormick; 1894, Samuel W. Smith.
SHERIFFS OF ORLEANS COUNTY .-- Oliver Benton, 1825; William Allis, 1828; Harmon Goodrich, 1831; Asahel Woodruff, 1835; John Boardman, 1838; Horace B. Perry, 1841; Aram Beebe, 1844; Aus'in Day, 1847 ; Rufus E. Hill, 1850; Ferdinand A. Day, 1853; George W. Bedell, 1856; Danly B. Sprague, 1859; Robert P. Bordwell, 1862; Erastus M. Spaulding, 1865 ; Robert P. Bordwell, 1868 ; Benjamin F. Van Camp, 1871; Thomas Parker, 1874; Oscar Munn, 1877; Erastus M. Spaulding, 1880; Sullivan E. Howard, 1883; Edward P. Searle, 1886; A. Wilson Shelley, 1889; John G. Rice, 1892.
COUNTY CLERKS .- Orson Nichoson, 1825; Abraham B. Mills, 1828; Timothy C. Strong, 1834; Elijah Dana, 1843; Harmon Goodrich, 1848 (appointed vice Dana, de- ceased) ; Dan H. Cole, 1848; Willard F. Warren, )854 ; John P. Church, 1857 ; George A. Porter, 1858 (appointed vice Church deceased) ; James M. Palmer, 1859 ; Edwin F. Browne, 1862; George A. Porter, 1865; George D. Church, 1868; Marcus H. Phillips, 1871; Lucius R. Post, 1874; George A. Newell (twice re-elected), 1877; William F. Ross, 1886 ; Alvin R. Allen, 1889, re-elected 1892.
COUNTY TREASURERS .-- John H. Denio, 1848; Ambrose Wood, 1851; Joseph M. Cor- nell, 1857; Ezra T. Coann, 1863; Samuel C. Bowen, 1866; Albert S. Warner, 1869 ; Augustus W. Barnett, 1872 ; Joseph A. Wall, 1875; Augustus W. Barnett, 1887 ;
A.Miljard
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ORLEANS COUNTY.
Joseph A. Wall (re-elected), 1881; Howard Abeel, 1887; R. Titus Coann, 1890 ; George A. Newell, 1893.
By the act of April 17, 1843, board of supervisors were directed to appoint county superintendents of schools. The office was abolished by the constitution of 1846. The following persons held the office in this county : Edwin R. Reynolds, Jonathan O. Wilsea, John G. Smith.
Prior to 1857 school commissioners were appointed by the board of supervisors ; since then they have been elected on a separate ballot. The first election under the act creating the office was held in Novem- ber, 1859; the term is three years, and the following have held the of- fice in Orleans county : Oliver Morehouse, Marcus H. Phillips, Mon- traville Root, Abel A. Stilson, James H. Mattison, William W. Phipps, Edward Posson, Charles W. Smith, Elbert O. Smith.
In addition to the foregoing official notes, it should be added that Judge Sanford E. Church was elected lieutenant-governor November 5, 1850; comptroller of the State, November 3, 1857 ; was a delegate to the constitutional convention of 1867, and chief judge of the Court of Appeals in 1870. Judge Church's colleague in the constitutional convention from this county was Ben Field ; and the county was repre- sented in the convention of 1846 by William Penniman.
Lorenzo Burrows was elected State comptroller November 7, 1855, and appointed regent of the university February 7, 1851, serving with distinction in both stations.
Asa Clark was chosen a presidential elector in 1832, John D. Per- kins in 1844, George H. Sickels in 1872, and H. Eugene English in 1884.
Gideon Hard, of Albion, was appointed canal appraiser April 4, 1848; George B. Church, of Albion, was appointed superintendent of the insurance department May 13, 1872, and deputy state treasurer 1890-1894. Myron L. Parker was elected in 1893 a member of the constitutional convention of 1894. Edwin L. Wage was supervisor of the census for the Tenth District in 1890.
The following is a statement of the votes cast for the principal candi- dates at important elections since the organization of the county :
1826, Governor-De Witt Clinton, National Republican, 884; William B. Rochester, Democrat, 945.
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LANDMARKS OF
1828, Governor-Solomon Southwick, Anti-Mason, 1,467 ; Smith Thompson, Na- tional Republican, 566 ; Martin Van Buren, Democrat, 839. President-John Q. Ad- ams, National Republicau, 936; Andrew Jackson, Democrat, 1,584.
1830, Governor-Francis Granger, Anti-Mason, 1,663 ; Enos T. Throop, Democrat, 933.
1832, Governor-Francis Granger, Anti-Mason, 1,680 ; William L. Marcy, Democrat, 1396. President, Andrew Jackson, Democrat, 1,424; Henry Clay, Whig, 1,656.
1834, Governor-William L. Marcy, Democrat, 1,918 ; William H. Seward, Whig, 1,862.
1836, Governor-William L. Marcy, Democrat, 1,869 ; Jesse Buel, Whig, 1,826. President-Martin Van Buren, Democrat, 1,825 ; William H. Harrison, Whig, 1,829. 1838, Governor -- William H. Seward, 2,236 ; William L. Marcy, Democrat, 1,830.
1840, Governor- William H. Seward, Whig, 2,579 ; William C. Bouck, Democrat, 2,082; Gerrit Smith, Liberty, 75. President -- William H. Harrison, Whig, 2,606; Martin Van Buren, Democrat, 2,031.
1842, Governor -- Luther Bradish, Whig, 2,143 ; William C. Bouck, Democrat, 2,103; Alvan Stewart, Liberty, 91.
1844, Governor -- Millard Fillmore, Whig, 2,609; Silas Wright, Democrat, 2,359 ; Al- van Stewart, Liberty, 249. President -- Henry Clay, Whig, 2,006; James K. Polk, Democrat, 2,311; James G. Birney, Liberty, 276.
1846, Governor-John Young, 2,300 ; Silas Wright, 2,097 ; Henry Bradley, Liberty, 154.
1848, Governor-Hamilton Fish, Whig, 2,472; John A Dix, Free Soil, 1,736; Reu- ben H. Walworth, Democrat, 922. President -- Zachary Taylor, Whig, 2,402; Lewis Cass, Democrat, 1,722; Martin Van Buren, Free Soil, 918.
1850, Governor -- Horatio Seymour, Democrat, 2,491; Washington Hunt, Whig, 2,635.
1852, Governor -- Washington Hunt, Whig, 2,762; Horatio Seymour, Democrat 2,284; President, Winfield Scott, Whig, 2,586; Franklin Pierce, Democrat, 2,267.
1854, Governor -- Myron H. Clark, Whig, 1,533; Daniel Ullman, American, 1,985; Horatio Seymour, Democrat, 626.
1856, Governor-Erastus Brooks, American, 1,502; John A. King, Republican, 3,065; Amasa J. Parker, Democrat, 1,013. President -- John C. Fremont, Republican, 3,075; James Buchanan, Democrat, 1,053 ; Millard Fillmore, American, 1,425.
1858, Governor -- Edwin D. Morgan, Republican, 2,579; Lorenzo Burrows, Ameri- can, 976; Amasa J. Parker, Democrat, 1,190.
1860, Governor -- Edwin D. Morgan, Republican, 3,835; Willlam Kelley, Democrat, 2,230. President-Abraham Lincoln, Republican, 3,859 ; Stephen A. Douglass, Demo- crat, 2,246.
1862, Governor-James Wadsworth, Republican, 3,237 ; Horatio Seymour, Democrat, 2,078.
1864, Governor -- Reuben E. Fenton, Republican, 3,769; Horatio Seymour, Demo- crat, 2,442. President -- Abraham Lincoln, Republican, 3,752 ; George B. McClellan, Democrat, 2,458.
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ORLEANS COUNTY.
1866, Governor -- Reuben E. Fenton, Republican, 3,585 ; John J. Hoffman, Democrat, 2,106.
1868, Governor -- John A. Griswold, Republican, 3,882; John f. Hoffman, Democrat, 2,482. President -- U. S. Grant, Republican, 3,904; Horatio Seymour, Democrat, 2,446.
1870, Governor -- John T. Hoffman, Democrat, 2,380; Stewart L. Woodford, Repub- lican, 3,607.
1872, Governor -- John A. Dix, Republican, 3,872 ; Francis Kernan, Democrat, 2,518. President-U. S. Grant, Republican, 3,857; Horace Greeley, Democrat and Liberal Republican, 2,391.
1874, Governor -- John A. Dix, Republican, 3,147; Samuel J. Tilden, Democrat, 2,567.
1876, Governor -- Edwin D. Morgan, Republican, 4,222; Lucuis Robinson, Democrat,
3,133. President -- R. B. Hayes, Republican, 4, 253 ; Samuel J. Tilden, Democrat, 3,117.
1879, Governor -- Alonzo B. Cornell, Republican, 3,445; Lucius Robinson, Democrat, 1,677.
1880, President -- James A. Garfield, Republican, 4,581; Winfield S Hancock, Demo- crat, 3,104.
1882, Governor -- Charles J. Folger, Republican, 2,549; Grover Cleveland, Demo- crat, 3,118.
1884, President -- Grover Cleveland, Democrat, 2,908; James G. Blaine, Republican, 3,997.
1885, Governor -- Ira Davenport, Republican, 3,121; David B. Hill, Democrat, 2,495.
1888, Governor -- Warner Miller, Republican, 4,226 ; David B. Hill, Democrat, 3,243. President, Benjamin Harrison, Republican, 4,277 ; Grover Cleveland, Democrat, 3,214.
1891, Governor -- J. Sloat Fasset, Republican, 3,387; Roswell P. Flower, Democrat, 2,269.
1892, President -- Benjamin Harrison, Republican, 4,013 ; Grover Cleveland, Democrat, 3,065.
1893, Secretary of State -- John Palmer, Republican, 3,302; Cord Meyer, Democrat, 2,299.
The Orleans County Pioneer and Historical Association was organ- ized in June, 1859, as the Orleans County Pioneer Association, the present name being adopted at the annual meeting in June, 1893. At its organization only residents of Western New York who had settled here prior to January, 1826, were eligible to membership; this restric- tion was subsequently removed, and now the requirements are that members shall reside in Orleans county and be thirty- one years of age. The inception of this society was mainly due to the energetic efforts of Judge Arad Thomas, who was long its president and moving spirit. Its aims were to collect and preserve the pioneer history of the several
13
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towns, foster thorough research into historical and biographical sub- jects pertaining to the county, and encourage and advance personal acquaintance and mutual interests. Annual meetings have been held at the court house in Albion ever since its organization, and nearly every year pioneer picnics have occurred at suitable places. Its work has been thorough, interesting and valuable, and it has efficiently car- ried out the designs of its originators. Through its influence several local historical societies or clubs have been started in various towns, a more extended notice of which appears in their respective town histories. The officers elected in June, 1894, are as follows: Ezra T. Coann, Albion, president : Capt. Henry Tanner, first recording secretary ; Os- sian Goodwin, second recording secretary ; Prof. Freeman A. Greene, Albion, corresponding secretary ; John Bidleman, treasurer. The as- sociation also has a vice president residing in each town; and for the historical department a committee of three is appointed for each town in the county.
CHAPTER X.
Comparison of State Law with the Common Law-Evolution of the Courts-The Court of Appeals-The Supreme Court-The Court of Chancery-The County Court- The Surrogate's Court-Justice's Court-District Attorneys-Sheriffs -- Court House- Judicial Officers-Personal Notes.
The statement is commonly made that the judicial system of the State of New York is largely founded upon the common law of Eng- land. While this is true to a great extent, there are important differ- ences revealed by a close study of the history of the laws of this State, showing that our system is in many important respects an original growth. In the simple yet initiative matter of entitling a criminal process, for example, there is a radical difference between our method and that which must be followed in England. Here it is " the people versus the criminal; " there, " rex versus the criminal." In the one, it is an independent judiciary, responsible directly to the people; in the other the court is subservient to the king.
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ORLEANS COUNTY.
This principle of the sovereignty of the people over our laws, as well as their dominance in other respects, has had a slow, conservative, yet steadily progressive and systematic growth. In the early history of the State the governor was in effect the maker, interpreter, and en- forcer of the laws. He was the chief judge of the court of final resort, while his councillors were generally his obedient followers. The execu- tion of the English and colonial statutes rested with him, as did also the exercise of royal authority in the province ; and it was not until the adoption of the first constitution in 1777, that he ceased to contend for these prerogatives and to act as though the only functions of the court and councillors were to do his bidding as servants and helpers, while the Legislature should adopt only such laws as the executive might suggest and approve. By the first constitution the governor was wholly stripped of the judicial power which he possessed under the colonial rule, and such power was vested in the lieutenant-governor and the Senate, the chancellor and the justices of the Supreme Court ; the former to be elected by the people, and the latter to be appointed by the council. Under this constitution there was the first radical separation of the judicial and the legislative powers, and the advance- ment of the judiciary to the position of a co-ordinate department of the government, and subject to the limitation consequent upon the appoint- ment of its members by the council.
But even this restriction was soon felt to be incompatible, though it was not until the adoption of the constitution of 1846 that the last con- nection between the purely political and the judicial parts of the State government was abolished ; and with it disappeared the last remaining relic of the colonial period as regards the laws. From this time on the judiciary became more directly representative of the people in the elec- tion by them of its members. The development of the idea of the responsibility of the courts to the people, from the time when all its members were at the beck and nod of one well-nigh irresponsible master, to the time when all judges, even of the court of last resort, are voted for by the people, has been remarkable. Yet, through all this change there has prevailed the idea of one ultimate tribunal from whose decision there can be no appeal.
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Noting briefly the present arrangement and powers of the courts of this State and the elements from which they have grown, we see that the whole scheme is involved in the idea of, first, in actions at law, a trial before a magistrate and jury-arbiters respectively of law and fact-and in equity actions before the court without a jury, and then a review by a higher tribunal of the facts and the law, and ultimately of the law by a court of last resort. To accomplish the purposes of this scheme there has been devised and established, first, the present Court of Appeals, the ultimate tribunal of the State, perfected in its present form by the conventions of 1867 and 1868, and ratified by a vote of the people in 1869, and taking the place of the old " court for the trial of impeachment and correction of errors " to the extent of correcting errors of law. As first organized under the constitution of 1846, the Court of Appeals was composed of eight judges, four of whom were elected by the people and the remainder chosen from the justices of the Supreme Court having the shortest time to serve. As organized in 1869, and now existing, the court consists of the chief judge and six associate judges, who hold office for a term of fourteen years, from and including the first day of January after their election. This court is continually in session at the capitol in Albany, except as it takes recess from time to time on its own motion. It has full power to correct or reverse the decisions of all inferior courts when properly before it for review. Five judges constitute a quorum, and four must concur to render judgment. If four do not agree the case must be reargued ; but no more than two rehearings can be had, and if then four judges do not concur, the judgment of the court below stands affirmed. The Legislature has provided by statute how and when proceedings and decisions of inferior tribunals may be reviewed in the Court of Appeals, and may, in its discretion, alter or amend the same. Upon the re- organization of the court in 1869 its work was far in arrears, and the law commonly known as the " Judiciary Act " provided for a Commis- sion of Appeals to aid the Court of Appeals. And still more recently, in 1888, the Legislature passed a concurrent resolution that Section 6 of Article 6 of the constitution be amended so that upon the certificate of the Court of Appeals to the governor of such an accumulation of causes on the calendar of the Court of Appeals that the public interests
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ORLEANS COUNTY.
required a more speedy disposition thereof, the governor might desig- nate seven justices of the Supreme Court to act as associate judges, for the time being, of the Court of Appeals, and to form a second division of that court, and to be dissolved by the governor when the necessity for their services ceased to exist. This amendment was submitted to the people of the State at the general election of that year and was ratified, and in accordance therewith the governor selected seven Su- preme Court justices, who were constituted the second division of the Court of Appeals.
The only incumbent of the high office of judge of the Court of Ap- peals from Orleans county was Sanford E. Church, elected chief justice in 1870, a sketch of whose life is given a little further on in this chapter.
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