Mexico weekly ledger., 1900-05-10

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that the work In the way OF a re-
organization of the courts did for Q
time have the effect of relieving an
over-crowded docket, and provided
the means for speedy administration
of justice there has not been that
permanent relief anticipated.
On account Of the great increase Of
wealth and population In this State
within the last decade the business ol
the courts has grown to such proper.
tions that we find the Supreme Court
of the State again from two to three
years behind with Its docket.
Probably there shouDd be some
limitations to the right OF appeal but
some regulations should be made in
the method of presenting points On
which decisions are sought w&houl
requiring the Judges to go through
lengthy transcripts as contained In the
stenographer's report, always con-
tanning much Irrelevant matter.
Attbe last meeting OF the associa-
tion q special committee was appoint
cd ito formulate some plan to faoili-
tate business in the Appellate Courts
and report to this. This is a subject
worthy OF our most careful delibera.
tion and / especially urge upon the
members Of this association some
action looking to the relief Of this
congestion OF business in the Appellate
Courts of the State.
JOHN MARSHALL DAY.
My attention has been directed to
the fact that the American Bar AS
sociation at its meeting last August
undertook by committee of one from
each State and Territory to arrange
for some appropriate celebration Of
the centennial anniversary Of John
Marshall's appointment as Chief JUS
tice OF the Supreme Court of the
United States.
That committee, through its mem.
Der from this State, Judge Selden z.
Spencer, has invited the cooperation
of this association in that behalf.
Bronze and marble perpetuate the
names and deeds of our warriors and
statesmen. We celebrate in speech
and banquet the natal day of Wash
ington, Jefferson and Hamilton, yet
the services Of none of these were
more valuable to civil liberty than
those of the great Chief Justice.
He ascended 60 the bench as Chief
Justice of the Supreme Court of the
United States February 4th, 1901, and
performed the functions of that ex-
alted place to July 9Th, 1895, period
of thirty-four years, six months and
two days; was soldier of distinction
in the Revolution, with signal ability
served as q member OF Congress, Sec
retary of State and envoy to France
ct most critical period of his coun-
try and by his fidelity to duty and bis
arduous labors for the Republic he
became entitled to and received the
respect, admiration and gratitude OF
bis countrymen.
But his chief merit to Immortality is,
that he has been truly designated
fThe second maker of the Oonstitu-
tion." He expounded 1t and devel-
oped IL. When he became Chief JUS
tice but two decisions on constitutions
al law had been made. During the
time that he was upon the bench six
ty-one were pronounced, thirty four
from his own pen and In only one in
stance on constitutional question
was he on the side OF the minority.
This is in the case of Ogden VS..
Sanders, IL Wheaton, and 1t can now
be stated upon eminent authority that
the view which Marshall took is ap-
proved by professional opinion.
Mr. Bryce, in the American Com
monwealth, in discussing the princi-
pies OF his decisions, their philosophi-
cal breadth and the exactness of their
reasoning, says; "They have never
been surpassed and rarely equaled
by the most famous jurists of modern
Europe or ancient Rome"
At the time Of his death the Bar Of
Charleston, South Carolina, by its
resolutions of respect TO him, voiced
the sentiment OF the legal profession
throughout the whole country when
1t said: "His high judicial station was
equally above envy and reproaeh;
and the honor Of official dignity was
enhanced and ennobled by his intrins-
10 worth and personal merit. Though
his authority as Chief Justice of the
United States was protracted far be-
yond the ordinary term Of public life,
no man dared to covet his place or
express q wish to see ii filled by an
other. Even the spirit Of party re-
spected the unsullied purity OF the
Judge, and the fame OF the Chief
Justice has justified the wisdom of the
Constitution and reoonoiIed the jeal-
ousy Of freedom to the independence
Of the judiciary"
Marshall cav In the Constitution
the power and authority to protect
and perpetuate the National Govern
- n.