Section 12294, General Code. Mandamus; judgment on default. State, ex rel., v. Smith, 362.

Section 12439, General Code. Having possession of burglar's tools. State v. Nieto, 425.

Section 12593, General Code. Buildings; improper ladders on scaffolding; liability of employers. Leis v. Cleveland Ry. Co., 171. Section 12603, General Code. Motor vehicles; operating unreasonably or improperly. Jackson v. State, 153; Leis v. Cleveland Ry. Co., 170.

Section 12604, General Code. Motor vehicles; violation of speed limit. Jackson v. State, 154.

Section 12614, General Code. Motor vehicles; failure to provide with lights. Chesrown v. Bevier, 282.

Section 12614-3, General Code (107 O. L., 58). Vehicles; duty to provide with lights, when. Chesrown v. Bevier, 282.

Section 12819, General Code (107 O. L., 28). Carrying concealed weapons. State v. Nieto, 409.

Section 13096, General Code. Having possession of counterfeit money, etc. State v. Nieto, 425.

Section 13556, General Code. Grand jury; oath to foreman. State, ex rel., v. Price, 54.

Section 13560, General Code (108 O. L., pt. 1, 158). Grand jury; attorney general to have access, when; special grand juries. State, ex rel., v. Price, 50.

Section 13577, General Code. Grand jury; finding accused insane; procedure. State v. Hollenbacher, 484.

Section 13583, General Code. Indictment; short form; second degree murder or manslaughter. Jackson v. State, 153.

Section 13608, General Code. Conduct of criminal trial; insane defendant; special jury. State v. Hollenbacher, 478. Section 13610, General Code. Conduct of criminal trial; insane defendant; procedure after verdict of special jury. Hollenbacher, 486.

State v.

Sections 13681 to 13684, General Code. Exceptions by prosecuting attorney or attorney general. State v. Nieto, 411.

Section 13693, General Code. Carrying concealed weapons; when jury may acquit. State v. Nieto, 416.

Section 3438 et seq., Revised Statutes. Street and interurban railways; grant by county commissioners. Dayton Elec. Ry. Co. v. Scott, 16.

Section 3630, Revised Statutes. Life insurance; mutual protective associations; beneficiaries. Wegener v. Wegener, 22. Section 7240, Revised Statutes. Conduct of criminal trial; insane defendant; special jury. State v. Hollenbacher, 478.

Declaration of Independence. Equality and inalienable rights. State v. Nieto, 418.

Rule 19 of Supreme Court. Affirmances; judgment below on weight of evidence. Bayles v. Welsh, 521.

Section 680-10, Ordinances of Cincinnati. Safety zones. Whitaker v. Luebbering, 292.

Section 680-11, Ordinances of Cincinnati. Pedestrians to cross streets, how. Whitaker v. Luebbering, 292.

Section 1341. Ordinances of Cleveland. Regulating traffic; motor vehicles. Nicholls v. City of Cleveland, 39.

Ordinance No. 1664 of East Liverpool. Intoxicating liquors; use or storage prohibited in certain places. East Liverpool v. Dawson, 527.

MEMORIAL

of the

LIFE, CHARACTER AND PUBLIC SERVICES

of

EMILIUS OVIATT RANDALL.

The Supreme Court learned with deep regret of the death of Hon. Emilius O. Randall, for almost a generation the Reporter of the Court. He was an unusual man, and, as such, an unusual Reporter. Unusual in both, he sustained exceptional relations with the Supreme Court of Ohio, officially, and with its members, personally, for a long period of years. Those relations justify the unusual, special proceeding which this Court unanimously and sincerely approves.

In recognition of his long and valuable service in that place and of his distinguished position as a leader of wholesome public thought in the state, the Court has ordered that the following Memorial be spread upon its Minutes and published in Volume 101 of the Ohio State Reports.

Emilius Oviatt Randall was born in Summit county, Ohio, October 28, 1850, and died at Columbus, December 18, 1919. His parents were natives of Connecticut and were of strong Puritanic stock. Three of his great grandfathers fought in the Revolutionary.War. They were John Randall, Patrick Grant Pemberton and Benjamin Oviatt. Another direct lineal ancestor was Ebenezer Pem

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berton, one of the founders and for many years pastor of the famous Old South Church of Boston.

Endowed by nature with fine literary capacity, and with the instinct for historical and archaeological research, Mr. Randall received the education which was best suited to the exercise of those talents. As a scholar at the Columbus High School, and at the famous Phillips Academy of Andover, Massachusetts, where he attained high rank, he found opportunity for the display of his natural ability. In the former he was editor of the High School News, and, at Andover, of the Philo Mirror, the school magazine. He graduated from Cornell University in 1874 with the degree of Ph. B. He then took a special postgraduate course in history at Cornell and in Europe. He was the Commencement Day orator at Cornell and the historian of his class.

Of fine social tendencies, his gentle impulses were quickened and made firm by membership in two Greek letter fraternities.

For a short time after his return from Europe he was an editorial writer on a Cleveland paper, but at the solicitation of his parents he returned to Columbus in 1878, and from that time until 1890 devoted himself to mercantile and literary pursuits. During this time he read law and was admitted to the practice by the Supreme Court of Ohio June 5, 1890. He graduated from the law school of the Ohio State University in 1892.

Having early developed a capacity for imparting knowledge, and possessing a warm and sympathetic intimacy with young men, he was made one of the Professors of Law of the Ohio State University in 1893, which position until 1911 he occupied with

great benefit to the institution and credit to himself.

On May 14, 1895, he was appointed Reporter of the Supreme Court of Ohio and occupied that position until his death. He published 48 volumes of the Ohio State Reports. They constitute an outward exhibition of his service in that position, but they do not adequately testify to the great assistance he rendered in presenting to the bench and bar of the state the contributions made by the Court to the body of the law and to our system of jurisprudence.

For more than thirty years Mr. Randall led a semi-public life. His activities in the spread of intelligence and in the instruction of the people were manifold and far-reaching. It is doubtful if any other citizen of Ohio has mastered with such breadth and detail the history of the great Northwest Territory, which he always presented with attractive diction and vast learning. He had extensive knowledge of the mounds and mound builders. He knew the history of the tribes of Indians who have lived in the Northwest Territory, their chiefs and their achievements, and he eloquently described with sympathetic voice and pen the decline of the Indian influence in America.

He was in great demand as a speaker on art, literature, history, economics, politics and religion. In great public crises, like the recent world war, his services were much sought, and willingly and laboriously contributed for the public good.

His vast fund of knowledge on affairs relating to the government of the state and its institutions led to his being consulted on important matters by every Governor of Ohio for the last quarter of a century,