Rocky Ford enterprise. (Rocky Ford, Colo.) 1887-1950, 1901-02-22

Mafshaus Monu"rnt.
The constitution having invested the
Supreme Court with Jurisdiction over
all cases arising under the consutu.
tion and laws OF the United States
Chief Justice Marshall gave life and
potency TO this important provision.
To determine exactly the limits Of the
courts power. to establish n solid. en-
during principle OF action for Its guild.
ancc. TO inspire confidence In the value
OF such action and the wisdom OF the
unparalleled and unprecedented pro-
ccdurc. which the entirely new func-
tons OF this extraordinary tribunal In
auguratcd. demanded great lucidlty of
mind. wide grasp OF intellect and ire
movable strength OF character.
In the early discussions on the con.
stitution. some OF which were very
vigorously conducted, there was little
attention paid to the Supreme Court,
but much TO the respective powers
mcnts. To suggest Mt that time the
invcstiturc OF any court with power to
annul acts OF legislative authority
would have Mt once aroused nm oppo-
sition to such proposal impossible to
overcome. II must not be forgotten
that the majority OF men In our revo-
lutionary epoch were brought up in
the British idea OF the omnipotencc of
Parliament.
1t was only after the people had sub.
mitted to n written constitution and
formed some idea OF the precision in
legislative methods and action such an
instrument demanded that they could
readily acquiesce in the unluestionablc
wisdom. the salutary power OF Chief
Justice Mnrshall's irresistible definition
and sterilization of the judicial power
rs one Of the most important elements
in our governmental system. With n
lucidity and force that removed all
doubt and forbade all discussion. Mar
shall laid 1t down that: at is n prop
osition too plain to he contested that
either the constitution controls any leg
islativc enactment repugnant to 1t or
that the Legislature can alter the con-
stltution by an ordinary act. Between
these alternatives there Is no middle
ground. The constitution is either n
superior, paramount law, unchanged
bic by ordinary means, or 1t is on n
level with ordinary legislative acts,
nlterable when the Legislature
shall please to alter it. II the former
part of the alternative be true. then a
legislative act contrary to the consti-
tuition is not law; # the latter part be
true, then written constitutions are
absurd attempts on the part of the peo-
pie to limit n power in it's own nature
illimitable."
This declaration of principle and
definition OF right is the foundation of
American constitutional law. 1t Is the
safeguard Of the constitution. 1t is the
bulwark of citizenship. 1t is the guide
OF chief magistrates, the safety of Leg
islatures. No higher nor better-deliv-
cred culogy was ever pronounced upon
any man than that uttered by Abra-
ham Lincoln upon John Marshall: "He
found the constitution paper and he
made 1t power; lie found 1t n skeleton
and he clothed it with flesh and blood"
When enemies of the constitution, thus
transformed and vitalized by Marshall,
sought to destroy 1t. they found lion
~. H.. a..
and power of Lincoln and the lion tri-
umphed.- Commercial Tri.
Dune.
Everything that has happened in the
Philippines since the November election