New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-23
WASHINGTON AND THE JUDICIARY
REMARKS or THE CHIEF JUSTICE OF THE
UNITED STATES IN CHICAGO

Chicago Feb c2-The programme arranged by the
Of the Union League Club for the celebration
Of Washingtons Birthday this evening included three
episodes AT ) o'clock Clarence Eddy opened inc
first part Of the programme by playing the great
Auditorium organ. The Rev. Dr. Tiffany, formerly o'
Chicago but now OF Indianapolis. followed WIN u"e
leading address. his subject being The PcHl' oi
National Extension \ reception to Chet Jusuce
Fuuer at the rooms Of the club. fol
lowed at q O'Clock the second part ana
at O'Clock 500 persons sat down to the regular
Washingtons Birthday banquet, at the close Of whch
the Chief Justice responded 10 the toast "Ou Federal
Judiciary" T.. 6. Mason president If the Chicago Ills
toricaI society 70 Washington and the West and
the Rev. J. c. Coleman Adams to " our National
safeguards The Chef Justice sad
NV attachment to the city which has so long been my
home /, so sincere when pay IL flying visit fee
distinct dl,inclnaton do anything more than rene"
those Old associations which cannot De purchased WIZ
gold place, and cannot d. pted with for either N'
AZ the delivery Of 4 set discourse quite incompatible lI
my Wiz enjoyment OF the occasion which Know
you wish ne to have, YOU viii pardon trN| pe'D'P'
| not always characteristic of speeches after dinner
\ sentiment Federal judiciary is obviously appr'
pirate to the celebration Of the birthday d NdSh- "
for Washington who urged upon the Con"' u. a.
Concr,, while the smoke Of Bunker Hi yet fingered IN
the air the creation Of Federal tribunal with Jurd!c OBJ
coeNtonsive with then the United COLONIES ana
Provinces Of Great Britain in North America The PAM
10 pr @>cd with carnestne-, clearly aN'IID"'' "
tho conviction hat nation declared is udcWnd Nee
And Later when The Constitution was put into operation
Washington with Characteristic sagarlty seeing ' f'
part which the Judicial Department Wonu pay III "l' w.
yelonent Of our Institutions called IL In MS e't"r thH
inc the Chief Justcoshp Jay "thc keystone Of t1
roliticaI fabric" 1t f. keystone in that through H
decisions, the fundamental law becomes in reality - wei
! as in name the supreme law Of the land
at is to no purpose" said Marshall that powers are
| lfttq II
lnr, ca, 10 at any tine passed Ly those intended to b.
restrained" The determination Of what the law is, h'
exposition, Interpretation and Application oil te Ii'
delolNcs upon the judicial Department and so u = io
Pho srn,,roe Court to determine the validity inyadi,
Of Congressional or state enactment and governmental
action when question arises IN contested Aue'toh
The Virginia plan of the Constitution contemplated mega
tive bv Congress upon -istcn, but TO his rsoi
strongly objected and thought the proper remedy Tor u
constitutional laws was be found in Federal judiciary
He subsequently suggested that negative on Legislation
might nc rcposc1 in tht Judicial department but Vi.
wisdom Of the Trainer, prescribed better course il
declining to confer political power upon mat d'pi'm'"
and connning the exercise Of the judicial functions
81 that il passes upon the validity Of laws, on governmental
action oly when dawn in controversy in the particular
cas-; but It's judgments, though cNpcndinl
| their direct force upon parties and pflV'.' ~I'
accented as authoritative public laws. Nollns
has done more to commend that department 90 the conn
dcncc ard respect Of the people than it, Scupuon> ao
,tincnce from the decision Of strictly poHuca question:
and IL, rigid adherence 90 On" exercise OF none but nu'
movers And 10 Is the acQuicsccncc OF the Union and h
stats tho people aud their authorities in the cooclu
ions 81 the Judicial Department that demonstrates ih'
success Of popular government, since 10 lmI'-s lh
capacity TO observe scf-imposed restraints
have dfcd into this line Of renal because wish "a
all attention 10 the Of Washington expressive
his belief that the arch reared with such cousuHnat
tatesmau,hip depended for IL strength t. stand 70 Ie
st 10 bear the weight Of upon that Erf-'on" "h
hold, The massive blocks toe ther and without when i