Omaha daily bee., 1901-02-05
HON0RS The GREAT JURIST
Celebration Of Marshsll Centennial at the
National Capital
FITTING TRIBUTE TO GREAT LIFE WORK
All branches of Government Par
ticipnte-Nddrcsscs by chief
Justice Fuller and Hon.
Wayne MncNeagh.

WASHINGTON, Feb. 4-John Marshall OF
virginia was installed as chief Justice Of
the United States 100 years ago today. and
at 10 o'clock this morning the centennial
anniversary Of that event was commemo-
rated with impressive ceremonies in the
hall of representatives at the capitol. The
program arranged by the Joint committee
Of congress and william Writ Howe of
New Orleans. president OF the American
Bar association, was simple and dignifed
as became the life Of the great jurist. The
president and his cabinet, the members OF
the supreme court the members OF the
senate and house, the diplomatic corps and
me mbers OF the District Bar association at
tended as invited guests. Many other dis
tinguished persons were in the galleries.
which were reserved for those holding cards
OF admission. Although the various official
bodies entered the hall together, they we're
not announced as on a formal occasion.
President Mckinley and the f-embers of the
cabinet were the last to arrive. The as
semblage remained standing until they had
seated themselves.
Chief Justice FulIcr's Tribute.
Chief Justice Fuller's address was de-
voted almost entirely to the consideration
OF his predecessors career as an expounder
or the federal constitution. He referred
briefly to the judicial work OF the earlier
days OF the nations history, and then pre-.
sented the task which lay before Marshall
when he assumed the duties of the chief
magistrate OF the land, saying;
The court in tho eleven years after its
| organization, during which Jay and Rut-
| ledge and Ellsworth-giants In those DAYS =
presided over ITS deliberations, had dealt
| with such of the government problems as
/ arose, IN manner worthy of Its h'Kn
| mission; but II was not until the questions
that emerged from the exciting struggle &C
| lsD brought II into play that the scope
| OF the Judicial power was developed and de-
clared, aud It's significant effect upon tho
| future or the country recognized.
| AZ the constitution was a written instru-
| ment, complete in itself and containing an
| enumeration of the powers granted by the
| people to their governmental government
| full to the extreme of these powers-it was
| inevitable that the issues i'm that contest
| las indeed I'm so many others) should in
volve constitutional interpretation and
| that finally the judicial department should
be called on to exercise It's Jurisdiction
| In the enforcement of the requirements OF
| the fundamental law.
The president, who took the oath Of Office
| administered by the chief justice, March 4,
1901. In his inaugural included, among the
| essential principles of our government, "the
| support OF the state governments In all
| their rights, as the most competent ad-
ministrations for our domestic concerns and
the surest bulwarks against anti-repub-
| lican tendencies; and the preservation OF
the general government in its whole CON
| stitutonal vigor as the sheet anchor of our
| peace at home and safety abroad" but II
| was reserved for the chief justice to define
| the powers and rights of each in the ex-
ercise OF a jurisdiction which he regarded
ahe unonp ne be nd
pendence and liberty Of these states"
Limitation of Powers.
| The people in establishing their future
government had assigned to the different
prescribed certain limits not to be tran
| scended, and that those limits might not be
| observed ito what purpose are powers
limited and to what purpose Is that limita-
tended to be restrained"
He quoted Chief Justice Marshalrs ia
nous utterances to the effect that the con.
stitution must be interpreted by its inten
tion, and said Of his words in that con.
nection
These were apparently plain legal rule,
| of construction, yet in their application 1.
to be found the basis of the natona
fabric, the seed of the national growth
ernment, and, simple as they now appear
TO be, their successful application ther
required the highest judicial qualities.
| Character of Marshall.
To hold the balance true between these
two poles; to tread the straight and narrow
path marked out by law, regardless o.
political eXpediency and party politics OF
the one hand and of jealousies of the re
vising power OH the other; to reserve ou
the governing principle in such manner al
to leave the mind free to pursue its owr
course without perpleXity and TO commend
the conclusions reached TO the sober SECOND
thoughts, these demanded that breadth o
views that power of generalization, tina
clearness OF expression that unerring dis
cretion, that simplicity and strength o
character, that indomitable fortitud,
which, combined in Marshall, enabled hin
to disclose the working lines of that create
republic whose foundations the men o
the revolution laid in the principles o
liberty and selfgovernment lifting up thei
hearts in the aspiration that they nigh
never be disturbed and looking to tina
future when it's lofty towers would ris'
Unto the midst of sailing birds and slen
air"
In closing Chief Justice Fuller said:
And so the great chief justice, reconcilin,
"the jealousy of freedom with the inde
pendence of the judiciary" for third of
century, pursued his stately way, establish
ing, in the accomplishment of the worl
given him to do those sure and solid prin
ciples of government on which our constitu
tional system rests.
The nation has entered into his labor
and may well bear witness, as II does to