Presentation of the Portrait of Judge Dunn.

jealous desire that the profession they honored on earth, suffer no dishonor in the keeping of their survivors. For, in my thought, not only his like. ness on that canvass, but the disembodied face of EDWARD V. WHITON may look upon us all here, with interest in all we do. And not he only, but all the honored dead, who have left that bench or this bar, for that life of higher law, for which we can only long, until death enfranchises us from the body which holds the mind in bonds.

Before Judge WHITON, two others presided in this court; for, under dif ferent organizations, the territorial and state courts were substantially one. Very different from Judge WHITON, and, indeed, from each other, both were remarkable men; both were eminent jurists; both were just judges. And it is fitting that the portraits of both should hang in honor on these walls, as their successor's does. Before I make my last appearance in this court, I hope to see here a fitting likeness of my dear and honored friend, ALEXANDER W. STOW. But it is his predecessor's which I have now here to present to the court.

It entered into the mind of a noble woman, one of the honored matronage of Wisconsin, Mrs. CATHERINE DUNN DEWEY, only daughter of the late CHARLES DUNN, first chief justice of Wisconsin, to present her father's portrait to this court. And I am honored by her commands to stand here to-day, in her name and as her servant, to tender the picture to you. It is her gift to you, and it is a worthy one.

For the portrait, all who have looked upon it agree that it is a fine likeness of Judge DUNN, in his prime of life. It was painted, after his death, from an old daguerreotype, and, so painted, it is a wonderful success. The painter deserves great praise for the happy art with which he has given to us the face and air of our departed friend. But he was inspired, not by his own skill only, but by the zealous memory of Mrs. DEWEY, whose reverent love helped her to retain, and whose high intelligence and culture enabled her to describe, all the peculiarities, which the sun-picture failed to give, of the face and features of her dead father. There it is. No one who knew Judge DUNN, and loved him, can look upon this canvass without emotion. It is the very man himself, as he was in life some years ago. There is the massive gravity of feature, not wholly suppressing a strong sense of humor, which tells well the resolute character he had, bordering perhaps on obstinacy; but if so, the obstinacy of a just and true mind. There is the broad intelligence, perhaps never brilliant, but also never dormant, and always equal to every problem of life. There shines the sense of justice, the untainted conscience of the man, which in all its vicissitudes kept his life unspotted of the world. You see, too, a faint expression, in repose, of the deep tenderness of affection, that charity of feeling and of life, which made him- of all the mea I have known in the state the most beloved of those who knew him well. There is the grand simplicity

SUPREME COURT OF WISCONSIN.

Presentation of the Portrait of Judge Dunn.

25

of strength, the undeveloped greatness of our friend, of which he himself perhaps was not conscious; which others perhaps did not always appreci ate, but which lifted him high above all pretense and affectation, made his whole character thoroughly true and genuine; and which, whatever he had to do, left behind a residuary ability which was never exhausted in his life. There is the faithful portrait, in massive simplicity, of a firm, able, intelligent, upright, generous, faithful, Christian gentleman. It will speak better for itself than I can for it. He, being dead, yet speaketh.

Of Judge DUNN himself, aside from his portrait, I do not now propose to speak. When, last term, I presented the resolutions of the bar to this court, I had the honor to give my views of his life and character. They are too fresh for repetition. I have now, perhaps, best honored this occasion, perhaps best shown my appreciation of the worth of his life and its lessons, by the views which the occasion suggested to me, of the relations of the living and the dead. It is not every death that suggests such thoughts to us. The gravity of our reflections is perhaps the highest evidence of our regard for the dead. And it is well for us all to remember that he has preceded us only a little, to a place where, as our hearts follow him, his reverts to us and to our work in the place which knows him no more; that death is only the separation of those who will meet again, severing no sympathy, cancelling no love; that he is still bound to us, as we to him, by the undying love which God gave us, because He made us immortal.

And it is fitting that the likeness of a good man and wise judge should hang here, as a memorial of a life sealed in honor and usefulness by death; and as an instruction to us, that we are compassed about with so great a cloud of witnesses to see how we play our parts here, in the noble profes sion which is charged with the earthly administration of the justice of God.

And now, may it please your Honors, it only remains for me that, in the name of Mrs. CATHERINE DUNN DEWEY, I formally present this portrait of Judge DUNN to the court, to be hung upon the walls of this court room, a fitting monument of the first Chief Justice of Wisconsin; and to move you for your acceptance and order accordingly.

In response to these remarks, Mr. Chief Justice DIXON said:

The occasion is one which gives rise to thoughts and reflections not to be hastily spoken or written, and in which, for want of time, if for no other reason, we are now wholly forbidden to indulge. We must content ourselves at this time with merely observing that the court is under the greatest obligations to Mrs. DEWEY for the portrait of Chief Justice DUNN, just presented, and to you, Mr. RYAN, for the address, in presenting it.

Presentation of the Portrait of Judge Dunn.

The portrait is most thankfully accepted, and will be hung upon the wall of this room, there to be preserved and remain, for all time we trust, an object of the most sincere and earnest attachment and interest to ourselves and our successors, and the great body of the profession who shall come after us a sacred memento of the looks in life of a great and good judge and a most worthy man. Heartily concurring in the sentiments of love and respect for Judge DUNN, so truthfully and beautifully expressed in the address, that too is ordered to be spread upon the records of this court, as an enduring evidence of the high estimation in which he was ever held by contemporaries.

CASES

ARGUED AT THE JANUARY TERM, 1874

AND

DECIDED AT THE JUNE TERM, 1874.

MCLANE VS. BOVEE and another.

EVIDENCE. (1, 2) Authenticated copies of records of U. S. land office. EJECTMENT. (3-6) Issue under general denial in ejectment. How defend

ant may avail himself of facts occurring after commencement of action, by which he has acquired and plaintiff lost the title. (7) Holder of certificate of entry of land may maintain ejectment. (8, 9) His title a determinable fee. Effect of canceling the certificate. (10) Case stated. Defendant in ejectment not barred by former judgment against him.

1. Congress may prescribe the manner in which copies of the records of any department of the federal government may be authenticated. 2. A certificate of the commissioner of the general land office, signed by him and sealed with his official seal, attached to what purported to be copies of certain records of said office, and stating that "the annexed copies are true and literal exemplifications from the records and files of this office," held to be sufficient to render such copies admissible in evidence in the courts of this state. Laws of U. S., 1812, ch. 68 (2 U. S. Stats. at Large, p. 716).

3. Under our practice, plaintiff in ejectment is only required to show that the title and right of possession was in him at the commencement of the action. A general denial, therefore, puts in issue, and the judg ment determines, the title and right of possession only with reference to that time.

4. Under a general denial in ejectment, defendant cannot introduce evidence of facts which have occurred since the commencement of the action, by virtue of which plaintiff has lost and defendant has acquired title to the land.

McLane vs. Bovee and another.

5. In such a case the court may, at its discretion, grant leave to defendant, on his application therefor, to set up such facts by supplemental answer. Tay. Stats., 1447, § 45.

6. If leave for that purpose is not asked or granted, the judgment for plaintiff does not bar a subsequent action by the defendant to assert

the title so acquired by him after the commencement of the former action.

7. The person named in a certificate of entry of land at a U. S. land office, or his assignee or grantee, has "a valid subsisting interest" in the land, to which the right of possession is incident, and may maintain ejectment therefor.

8. But the estate thus created is at most a determinable fee, liable, under the laws of the United States, to be terminated by the act of the commissioner of the general land office canceling the certificate for cause at any time before the issue of a patent.

9. Where a certificate is thus canceled, the title revests in the United States, which may allow the land to be entered by, and a patent to be issued to, another person.

10. X., the grantee of M., who had entered land and obtained a certificate of such entry, brought ejectment for the land against Y., who answered only by a general denial. During the pendency of the action, the commissioner of the general land office, for cause, canceled the certificate of entry issued to M., and Y. was permitted by act of congress to purchase and enter the land, and did so, and received a certificate of such entry. On trial of the action of ejectment under the original pleadings, the court refused to receive Y.'s certificate in evidence, and X. had a verdict and judgment that he was seized of an estate in fee of the land and had the right of possession. Afterwards the land was patented to Y., and he brought ejectment against X. therefor. Held, that the action was not barred by the former judg ment.

APPEAL from the Circuit Court for Calumet County.

This action was commenced May 15, 1871, to recover lot 124 of the Stockbridge Reservation in the county of Calumet. The complaint is in the usual form. The answer consists of, first, a general denial; and secondly, allegations to the effect that at the June term, 1868, of the circuit court for Calumet county, in an action wherein Frederick Bovee, one of the defendants herein, was plaintiff, and the plaintiff herein, Thomas McLane, was defendant, the said Frederick Bovee re