St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-01-04
WEsTCOTT WILKIN.

WESTCoTT. WlLKIN, q judge OF the
district court, completed yesterday the
twenty-fifth year of his incumbeney of
the bench, and retired into private life.
The occasion was observed by exercises
OF the most affecting character in the
court house in the afternoon, and by
banquet in the evening at which, under
Il cover of hilarity to cloak their sorrow,
the bench and bar of the county babe
their friend and comrade God speed.
The difficulties and embarrassment of
the ordeal had not been fully estimated
III advance, even by those who had
been most concerned in preparing for
it; and the readiesI OF speakers found
themselves stumble and hesitate over
the words of eulogy and regret which
they attempted to express. The general
Solemnity was heightened by the silence
of many who had been counted on to
bear testimony of respect and affection.
but who dared not trust themselves to
the undertaking of the task.
The GLOBE desires, as The spokesman
of the men and women of the county
whose voice was not heard at any of the
ceremonies at the bar, to add its need
of praise and gratitude to Judge
WH.KIN. The security and order of
this community and its high sense
of business integrity and honor have
depended for quarter of century on
him more than OH any man in the state.
His wisdom, his dignity, his gentle
courtesy, his bravery and his firmnesS
have given the law among Us the re-
Spect and veneration of every citizen.
The peaceful solution of personal mis-
understandings apd commercial dis
putes has been possible in st. Paul
even from the time when it was little
more than frontier hamlet, because
every one has had answering co nfi-
dence in the impartiality and learn
ng of our senior judge. The APP
probation of the value of legal
machinery for the removal of social
congeStionS is more important for
the progress of state than any single
equipment it can possess. The hasty
method of deciding quarrels and COM
pHcationS by force, craft OF unjust COM
promises makes capital timid, and dis
tract and demoralZe the people who
rely on them. Ours has always been,
and is to-day, law-abiding, litigious
and a law-reSpecting community, be-
cause men had grown to feel that as
long as Judge WILKIN has been On the
bench, or his example. has been the
guide of his associates, their difficulties
conld find no fairer forum than our dis
trict court has afforded
The power of the bench in America is
greater than anywhere else in the world.
The conception of constitutional lin
itation on the action OF legislatures
never entered into the theory of any
scheme of government until it was
grated into onrs. No English court,
even, has ever dared to place its veto on
law which parliament has seen fit to
pass and declare that it shall not be
operative because it is IN violation of
the spirit of the English constitution.
The ultimate gauge of constititu-
tionality in every country save
ours has been the will of the
legislatures OF the executive. But
in the United States superior to con
gress and governors sit the courts OF the
land. 1t is they who weigh and meas
ure the devices and plans of representa-
tiyes and senators. They are the guard
ians of American constitutional liberty.
They compare every law which is en-
acted with the words and the spirit of
the constitution. If in their view they
arc not in harmony. they forbid their
enforcement, and the whole power of
the state is at the courts command to
annul the legislative will.
JOHN MARSHALL is the author of
this conception OF judicial power. Like
his great contemporary, ALEXANDER