Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-02-04

willing to assume the responsibility OF
presenting the motion were he not as
sured that it would be signed by the
court.
The highest encomium, he said, that
could be made on Chief Justice Mar
shall would be perusal OF the history
of his life, Tie commented on Chief
Justice MarshalPs character, his genial
disposition and love OF outdoor sports.
He had an assimlative mind and
oapacious nature; was a man who, al
though probably Of limited education,
never failed TO see the kernel Of things.
Mr. Wells drew picture Of the simple,
athletic life of the chief justice, and
related incidents In his war career TO
show his patience and good humor. be
spoke OF his friendship for Washington,
of which two he said, 1t was difficult
to say which was the greater man. The
speaker sketched Marshalls rapid rise
after the capitulation Of Yorktown.
from his reluctant acceptance OF
place in the legislature OF Virginia,
during which he was strong adherent
of the federal government to his cleo
ton as member of the Constitutional
convention. He spoke of Marshalfs
refusal TO accept the attorney-gen
ship and ministry to France under
Washington In order 10 uN,ctice law In
private life. Mtrshali : nuoesss in COPS
Ing with the willy Talleyrand during
his mission to France where he had
gone as one Of the three ENJOYS TO that
government at the earnest solicitation
OF President Adams, was also dWelt on.
While he was secretary of state II
was that he was appointed chief justice
of the United States, said Mr.. Wells,
II would like 10 speak of his many
wise decisions but time will not admit.
He referred, in conclusion, to Mar
shalls memorable decision on the Ner-
cid case In which, while complimenting
II. that justice had discounted one OF
the grandest oratorical flights that has
ever been offered In a court OF justice.
He was probably the noblest character
In American history with the possible
exception Of George Washington, an
upright, honest citizen of free and
noble republic.
COURTS REPLY.
Judge Hail. in reply for the court
Judges to Mr. Wells address said
MIR. Chairman and Gentlemen Of the
Bar:--In speaking for this court, ] can
not but express my ditlidence in speak
ing 20 the subject Of your resolution
the celebration Of the one hundredth
anniversary of the appointment OF John
Marshall to be the chief justice Of the
Supreme Court Of the United States.
"The great lives Of men after death
live In the heart and memory Of poster
ity a living testimonial in recognition OF
benefits eceived, and continuing: this is
especially true, in the upright, faith
ful and intelligent discharge of the du-
ties of a great public office. wherein is
involved the construction and interpre-
tation of the fundamental laws OF gov
eminent in the dihnition ana protection
of governmental and individual rights.
July ith 1916. from the colonists in
convention assembled. emanated that
celebrated instrument. the Declaration
of Indenendence In the call TO war in
cident thereto John Marshall staked
his life within the patriotic and right
eous principles enunciated In that dec
laration. and IN his humble and unob-
trusive way did perfect duty as SOL
der in the continental army,
His structure, talents and lnclina-
tions were not those of a military gem
lus. or a commander OF battles, but
rather by nature endowed WIN leghi
and judicial mind and by education and
training ne ufNtlNV0u iitN ~ bf'A'N"N
lawyer, and a greater jurist,
"The army and navy did nobly: de-
feated and drove the foe from the land
and the water; the Congress achieved
the wonder and the glory OF the world
In evolving and adopting the Constitu-
lion. and in the ratification by the
States. love and liberty rejoiced in the
birth Of the Republic,
"In the administration OF government
one Of the coordinate departments is
The Judiciary. the head OF which Is the
supreme court whose presiding officer
ls Inc chief Justice This court has the
final Jurisdiction In the Interpretation
and construction OF the Constitution
and the laws Of the United States.
zone hundred years ago today, John
Narshall commenced his career as chief
iustlce His lfe work IN that behalf
shines in Respondent truth and beauty,
a memorial Of unerring thought and
wealth OF judicial determination, His
decisions upon constitutional questions
seem 10 have been inspired with the
same patriotic thought IN which they
wore conceived. They stood with his
dav and now stand as the permanent
judicial landmarks. and heacons In the
iurisnrudence OF the land, like the
needle 10 the compass. safely sailing the
shin Of state upon the ocean Of time.
our language Is inadequate 10 further
sketch The life Of the chief justice. for In
his innate modesty, when the study
commences. sight Of the individual Is
lost IN The colossus Of thought and wis
dom in judicial determination,
In all that he did In his long life
work OF devotion 20 duty. the dehnitive
purpose was 10 find and 10 do the right
in the faithful discharge Of the great
trust given into his keeping.
In conclusion may we not congratu-
late the bar Of the country for John
Marshall day. and so. because no class.
other than the legal profession can come