The Washington critic., 1890-02-23
CHIEF JUSTICE FULLER
Pays u High Compliment to the Fed
eral Judiciary

CHICAGO, Feb. 22.-Central Music
Hall was this morning given over to the
school children in this city, who as
sembled at an early hour from all parts
for the purpose of celebrating the ami
vcrsary of Washington's birthday,
under the auspices of The Union League
Club. The exercises closed by the
thousands Of children singing the ode
to Washington. Similar scenes were
enacted in the Auditorium building,
where it was estimated that 10, 900 boys
and girls were in attendance.
In the evening 800 persons sat down
TO the banquet which followed, and at
its close Chief Justice Melville w.
Fuller responded to the toast 'Our
Federal Judiciary" Chief Justice Full
Ter spoke as follows:
A sentiment to the Federal judiciary is
obviously appropriate TO the celebration of
the birthday of Washington, for it was
Washington who urged upon the Contl
mental Congress, while the smoke of
Bunker Hill yet fingered in the air,
the creation of Il Federal tribunal
with jurisdiction coextensive with what
were then the United Colonies and Prov
inces of Great Britain.
The particular suggestion sprang from
the particular exigency, but it was pressed
with an earnestness clearly attributable to
the conviction that a nation had declared
its independence.
The determination of what the law is,
the exposition, Interpretation and applica-
tion of the rules, devolves upon the judi
cial department, and so it is for the Su-
pTeme Court to determine the validity or
invalidity of Congressional or State enact
ment and Governmental action, when the
question arises in contested litigation.
The Virginia plan of the Constitution con-
templated negative by Congress upon
State legislation, but 10 this jefferson
strongly objected, and thought the proper
remedy for unconstitutional laws was to be
found in n Federal judiciary. He subse-
| quently suggested that negative on legis-
lation might be reposed in the judicial de-
! partment.
But the wisdom of the trainers prescribed
the better course in declining to confer po-
| litical power upon that department and
con6ning it to the exercise of the
| judicial functions; that it passes
| upon the validity of the laws on Govern.
mental action only when drawn in coutro-
| versy in the particular case, but its judg-
ments, through cxpending their direct force
upon parties and prlyies, are accepted as
authoritative public laws.
Nothing has done more to commend that
department to the confidence and respect
of the people than its scrupulous abstinence
from the decision of strictly political ques
tions, and It's rigid adherence to the exercise
of none but Judicial powers. And it i;
the acquiesence of the Union aud the
States, the people and their authorities, IL
'be conclusions of the judicial department
that demonstrates the success Of popular
government, since it implies the capacity
to observe self imposed restraints
And it seems To me that as tire years
roll on the judiciary gains more aud more
in the affection and trust of the people
the judiciary, national and State, for tht
Federal and State courts are part
of one whole, and their light
shine from the same armament
Alike they seek that understanding hear
which will enable them to discern between
that which is good and that which is bad
and so to sit wisely in judgment amid this
so great people, the people of Georg
Washington.
Il, G. Mason responded to the toast
Washington and the West;" Rev. j
c, G. Adams to "Our National Safe
guards"