Omaha daily bee., 1901-02-05
MARSHALL THEIR EXAMPLE
Charles Lobingier of Omaha Adj
dresses students AT Lincoln on
the Jurisis work.

LINCOLN, Feb. Especial John Mar
shall day was celebrated at the university
this afternoon under the auspices of the
College Of Law. The exercises were held
in the new chapel and were conducted by
Dean Reese who spoke at some length on
the life and character Of Marshall. Charles
s. Lobingier " Omaha, member OF the law
faculty, delivered the following address,
To me the most significant fact in
Marshal's career is the illustration 1t
affords OF the power and influence nt the
lawyer and Judge in. American public lie.
be n factor in public affairs, must enter
politics; that the mer" lawyer and the
mere judge must be content to live In conf
fluenCe on society MarShalis career Is a
GSnIiTod'StSn Of 6e all ths lie never waf @
was devoted to the law and not to politics
and YET his appointment to the bench
American history.
When Marshall entered upon his Judge
belonged was about to pass from power
forever: It's leaders had been defeated at
the polls; its policy and principles had been
identified with II, seemed welded to hope,
bg o Sa snf we're sx
ing in their apparent victory-while they
were deyoting themselves TO the Getty
was slowly engrafting the rejected
was, slowly federalism up,on the urls
to the bench with profound convictions
concerning the nature and powers ot the
federal eovernment lie believed mat these
tended and that the constitution ought to
be construed literally to that end. And
whenever occasion offered, as IN the case
of Gibbons against Ogden, Wheat, lac
caused these convictions TO become the law
of the land. In that case, you rememo,r
he refused TO take the strict view that tho
power of congress to regulate commerce
was confined 10 mere traffic. He Rnve
| a. Ia
munication and thus brought within the
: pale of federal jurisdiction even an humble
ferry line across the Hudson river, And SO
, ali through the more than "a third a. !,
!, /, century during which Marshall presided
; stitutlon, while politicians were concerned
with the affairs Of day; while Statesmen
most, most This This man, 7 Who never aspirSd 10 be
20 more than a lawyer and Judge, was iraH,
, ing rules which would control the lives END
!, Liberties Of his countrymen for generations
MarsIas decisions have rs not ado, aI,osa,iMe. tn
}, denounced by contemporaries; even
poster,y has not been u1@nmGms ma N 'hei s
RsVsw for HS Sxs SSiG 3 seymour "" Thqr
. ), son, is an ncessant critic of the de.''ini
in the Dartm2Hh G0eGs GasG bHt sn1
= the constitution at the beginning OF th'
- last century and the constitution todaX 4
)f And this fact demonstrates as nothing cls'
can ths, dignity, Importance and power
the 1udiClal once, . 81, ,r
Sir Frederick Pollock, in his ONtor
Essays a book which may be read VIII
n interest and profit by all law students, q
IL well as lawyers. has nne passaSe y
~ which he pictures "A world in which awe
lS tho great iurists of all time, among ,Whor
,g he ranks Marshall. I'm that world, u
=, says "Moses and Manu- sit enthroned s'd
!, =, by side, guiding the dawning sense q
ly Justice and righteousness OF the two maSle
races of the earth. Solon, Scalvola NJ
o. ITlpian walk as familiar friends wit
81 Blackstone and Kent with story an
h. Marshlll while the crimes Of Bonapart
f. and the bigotry Of Justinian are alike fol
- gotten because AT their bidding the roug
places In the ways of justice were mao
to or the long line of Judges who have hui
an | nm the mighty fabric OF Anglo-Amerlcd
:" law perhaps only one can be compared
I'm | Marshall I'm the extent and importance Z
his contributions. Mansfield, who Il
tWpnty-eight years presided over the KIN;
bench created the commercial law or linl
re land Marshall created the constitution
as law of America. OF the siNty-0ne consuI
90 tIonal decisions rendered by the suprrn
" court from the time of its organization "
" IN Marshalls death he himself wrote u
al opinions In thlrty-siX. The next hiEhe
es number written by story, included on
eleven. ,,,.. ....,
students Of the law, working daily amor
)e- the books containing the DECISIONS, iri'
,rc ing perennial inspiration from the opinlo
-. | Of Marshall. may well apply TO nun
tte enitaph used with less truth or oihei
ka "If you seek his monument look arouho