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In conclusion, we present the foregoing observations as solving a problem which has been generally heretofore denied or doubted, and as proving the discovery of a semi-diurnal lunar tidal wave, of the dimensions herein described, on Lake Michigan; and hence we infer a similar one on the other great fresh-water lakes of North America.
J. D. GRAHAM,
Member of the Society.
Dr. Bache read an extract from a letter, dated Caermarthen, Wales, July 26, 1860, received by him from the President of the Society, Dr. George B. Wood, in relation to the recent discovery, in the valley of the Somme, in the northwest of France, of fossil bones, associated with rude implements of flint, certainly made by man, in the same geological stratum.
Prof. Cresson described some remarkable electrical phenomena, observed by him during the summer, showing clearly the dispersive mood of lightning.
In one instance, the lightning, after descending along the exterior of a maple tree, without damage to the tree, passed from the tree to a line of rails in an adjacent post-and-rail fence, where it parted in two opposite directions, to the distance of nearly eighty feet in each direction, demolishing the fence by bursting open the posts and splintering the rails : fragments of the rails being thrown to the distance of sixty feet or more.
In the other case, the lightning was seen to strike a cherry tree, standing about fifty feet from a line of telegraph wires, two in number, to which, from the tree, it leaped, and was then seen to pass in opposite directions along the wires. In one direction (eastward) it seems to have escaped wholly by the posts, many of which were splintered and several of them entirely demolished. Westwardly, the posts were left uninjured, the charge keeping the wires to their termination at a telegraph station at the City Gas Works, in the First Ward, nearly four thousand feet distant, destroying some of the instruments and stopping the clock at the precise moment of the occurrence of the phenomenon.
The Society was then adjourned.
Stated Meeting, October 5, 1860.
Present, nine members.
Judge SHARSWOOD, Vice-President, in the Chair.
A letter from the State Historical Society of Wisconsin was read, transmitting donations for the library.
The following donations for the Library were received:
Cat. State Lib. Wisconsin. H. Rublee. Madison, 1860. Pamph. Cat. of Autographs. J. G. Bell, Manchester, Eng. 1860. P. 8vo. Special-Karte des .....Wisconsin, &c., G. Richter. Wisel, 1849. 8vo. Geol. Ann. Reps. for 1855'8. Percival, Hall, Daniels. 3 pamph. 8vo. Wisconsin State Hist. Soc. Reports and Collections, IV, V. 8vo. Wisconsin Ann. Messages of Gov. A. W. Randall, for 1858'9. 8vo. Jahresbericht des Gen. Adj. Wisconsin Militz. 1855. Pamph. 8vo. Jaarlijksch Rapport van den Staats Opziener, &c. 1855. Pamph. 8vo. Raport fra Undersogelses-Committeen, &c. 1859. Pamph. 8vo. Laws of Wisconsin ..... Organization and Government of Towns.
8vo.-From the Society. VOL. VII.—2 z
E. M. Haines. Chicago, 1858. Pamph. 8vo. An. Report of Commerce, Manuf., Pub. Imp., and R.R. System of
Milwaukee for 1855'6'9. Pamph. 8vo. School Code of Wisconsin. 1859. Pamph. 8vo. An. Rep. (11th) on the Com. Schools of Wisconsin, by L. C. Draper.
1859. Pamph. 8vo. Proceedings of the Board of Regents of Normal Schools, 1st Meet
ing. Madison, 1857. Pamph. 8vo. An. Rep. (12th) of B. of R. of Univ. of Wisc. for 1859. Pam. 8vo. Rep. of Trus., &c. W. S. Hosp. for the Insane. 1859. Pamp. 8vo. Wiscon. Senate Jour., 1858'9; App. 1857'8. 6 vols. Madison. 8vo. Wisconsin Assem. Jour., 1857'8; Appendix, 1857'8. 5 vols. Wisconsin Laws for 1857'8'9; Private Laws, 1858'9. 5 vols. Wisconsin Revised Statutes. Chicago, 1858. 8vo. Wisconsin S. Agri. Soc. Trans., V. Madison, 1860. 8vo. Ollendorff's Neue Methode .... zur Erlernung der Russ. sprache; mit
Schüssel. M. Joel. 2 vols. Frankfurt a M. 1854. 850.
From Prof. Röhrig, of Philadelphia. Logique de Hegel, traduit pour le premier fois, en accompagnée
d'une introduction et d'une commentaire perpétuel, par A. Véra.
2 vols. Paris, 1859. 8vo.-From Prof. Röhrig. Connecticut State Agricultural Society Transactions. 1859. Hart
ford, 1860. 8vo.—From the Soc. St. Louis A. Sci. Trans. Vol. I, No. 4. 1860. 800.- From the Ac. Canada Geological Survey, Report of Progress for 1859. Montreal.
850.- From Sir W. Logan. Lon. Chem. S. Quar. Jour. No. L. 1860. 8vo.-From the Soc. Evangelical Repos. June to Sept., 1860. Phila.—From Mr. Young. Cambridge Astronomical Journal. No.cxl.— From the Ed. Amer. Jour. Med. Sci. No. lxxx.–From the Publishers. Med. News and Library. No. ccxiv. From the Pub.
The following obituary notice of Judge Joel Jones, late member of the Society, was read by Judge Sharswood :
The subject of this obituary notice was born the 22d October, 1796, in Coventry, Connecticut. On his father's side he was a lineal descendant of Col. John Jones, who married Henrietta, the second sister of Oliver Cromwell, and was one of the Judges who sat on the trial of Charles the First. Colonel Jones was one of Cromwell's House of Lords in 1653, and Lord Lieutenant of Ireland from 1650 to 1659. He was tried and beheaded for high treason October 17, 1660. His son, William Jones, was for several years Deputy Governor of New Haven and Connecticut. From him Joel Jones was the fourth in descent.
Joel entered Yale College in 1813, and graduated in 1817. He was, during this time, between the ages of seventeen and twenty-one, and was able to support himself by teaching school. The necessity he was under of doing this was, no doubt, a great advantage to him, as it has been to so many others. Nothing makes so accurate a scholar, or lays a more thorough foundation in the classics, while the habits of close attention and patience which are cultivated are of the utmost importance. Mr. Jones graduated with the highest honors of his class. He studied law with Judge Bristol, of New Haven, and afterwards in the Litchfield Law School, under the care of Judges Reeves and Gould. Upon the completion of his studies, his parents removed to Wilkesbarre, in this State. Joel accompanied them, and was admitted to practise law in Luzerne. He did not open an office there nor until he determined to settle in Easton. Here he occupied himself laboriously in law studies, and distinguished himself in some cases which required much research into forgotten if not obsolete law. He was counsel in the case of Barnet v. Ihrie, in which the old remedy of assize of nuisance was revived; and his argument for the plaintiff in error in the Supreme Court (17 S. & R. 187) is at once a testimony to his learning and industry. In 1830, the Legislature passed resolutions for the appointment by the Governor of “three competent persons, learned in the laws of this Commonwealth, as commissioners to revise, collate, and digest all such public acts and statutes of the Civil Code of this State, and all such British statutes in force in this State, as are general and permanent in their nature.” Governor Wolf, who, having been a member of the bar of Northampton County, and associated with Mr. Jones, was well acquainted with his capacity, appointed him, with
the late William Rawle, Sr., and Thomas I. Wharton, to perform this highly important work. The commissioners were employed upon it for five years; but it was suffered to expire before it was completed. They reported annually to the Legislature, and many of their bills were adopted, though some of the most important were never acted upon. It is undoubtedly a useful and even necessary work, from time to time, to revise and digest the statute laws. Whatever opinion may be entertained upon the subject of codification generally, this much will be yielded. Acts of Assembly are often hastily penned by men who have no accurate knowledge of what the law was before, or even if well drawn they are often attended in the course of their passage by sudden amendments, hastily proposed and adopted. In making such revision, however, two things ought carefully to be observed,—that there should be no such change of language as would imply a change of the law, without a distinct report that such was the intention. The second is, that all the acts thus revised should be expressly repealed by their titles. The commissioners were not as careful as they might have been in these respects. It was perhaps their intention, at the close of their labors, to have reported a list of all the acts to be repealed, but it was never reached; and the consequence is, that, under the general clause repealing all such statutes or parts of statutes as were supplied by the Revised Code, the old statutes must still be referred to and studied to see if all their provisions have been supplied; and it is often an embarrassing question to determine how far they have been. As to the first point, the neglect of it has rendered it necessary for the Supreme Court to adopt a new canon of interpretation for the Revised Code specially; and the same thing has been done in New York. In other respects, though very slow in their labors, the commissioners evinced great learning and a sound conservative spirit in desiring rather to adapt the plastic character of our common-law forms of procedure to the objects of chancery jurisdiction, without creating separate courts of equity or vesting the judges of the commonlaw courts with unusual powers without the intervention of a jury. The opinion is a very common one at the bar, that it would have been better that our old familiar system of law and equity, alike administered by court and jury, which grew up among us by custom,
-the silent legislation of the people,—had been continued and extended, rather than the present hybrid system introduced-law and equity on one side of the court, and equity exclusively on the other -in which the orator for equity grounds his bill for relief upon what