The times. [volume] (Washington [D.C.]) 1897-1901, 1901-02-05

John Marshall.

1t would seem TO be one of the humors
of fate that at this juncture. when all
the ruling forces of Imperialism and con-
tempt for the Constitution are trembling
for fear the unassailable doctrines OF
Chief Justice Marshall shall be reaffrmed
by the Supreme Court next Monday, their
exponents should be called upon yesterday
to join in tributes of honor to the great
expounder of our fundamental law. whose
very ghost they fear.
But il would be impossible for even such
Americans as Senator Foraker and Repre-
sentative Payne and Attorney General
Griggs-not forgetting the harmless. nee
essary Magoon-to dodge a show of re-
spect for the monumental constitutional
jurist whose lifework on the Supreme
Bench they would overstep if they could.
But public opinion compels even officials
e who would nullify the labors of Marshall
to lend their voices to hymns in his
praise. as they did yesterday with the
SNUG solemnity which their kind can as
sumo upon proper invitation. At the same
time it must have been uncomfortable for
them to hear the encomiums showered
prevent what they are trying to effect to-
day in their insidious efforts to undermine
our free institutions. In his address on
taking the chair TO preside over the for
NAL ceremonies at the Capitol yesterday
Chief Justice Fuller. referring to his Illus
trious predecessors views on the limited
powers of our Government. said
''The people, in establishing their future Gov
eminent had assigned to the different depart
nlents their respective powers. and prescribed
certain limits not to be transcribed, and that
those limits might not he mistaken or disre-
garded. the fundamental law written. And
as the Chief Justice observed 10 what purpose
are powers limited. and to what purpose Is that
Limitation committed to writing. If these limits
may. ii any time. be passed by those intended
10 he restrainedT -
1t is very possible that some of the op-
ponents OF the Constitution. who attended
the services. may have expected to hear
something from Chief Justice Fuller which
might nurse hope that the tribunal over
which John Marshall presided so long and
gloriously. would next Monday reverse
and discredit him. But they we're mis-
taken Every word of the opening speech
was redoleRt of the respect and veneration
felt b. the court for the opinions and ut
terances of its chiefest ornament in his
tory
The Grafton delivered By the Hon. Wayne
MacVeagh. who followed Chief Justice Full
Ter. was scholarly and in good taste. It is
pity, however that the prophecies of the
occasion prevented the orator from touch
ing upon Judge Marshall's dictum on the
constitutional status of the Territories. or
ganized and unorganized, which perhaps
was his most useful and important contri-
button TO American law. Unfortunately,
there are cases involving that decision now
BEIGE the Supreme Court and it would
have been indicate to trench upon the
subject II is meet for the people OF this
country to honor the memories of men
like our great Chief Justice. In his case.
We may be permitted to add that all
Americans who love the Constitution are
looking forward to next Monday in the
firm conviction that February II will
prove to be a greater John Marshall Day
than was February T.