Omaha daily bee., 1901-02-05

Washington be became a candidate Tor
congress and was elected by narrow ma
| jority. He resigned this position to become
secretary OF war and was afterwards chosen
| secretary OF state The papers written by
| him in the six months he held this posi-
tion are now considered among the ablest
state papers OF the government. In Feb
ruary, 1901, be took his seat as chief jus
| tice."
! The speaker told of the eclat with which
! the new appointee took his seat, the court
room being filled with judges, senator's
| and representatives, as well as other prom
inent persons. The other judges at that
time we're Alfred Moore Bushrod Washing
ton, Samuel Chase and william Patterson.
Judge Woolworth referred to the action
Of Marshall in the trial of Aaron Burr.
who had killed Hamilton, when 1t was
said that Marshall has stepped between
Burr and death"
| Marshall ns q Jurist.
with reference to Marshalls record as a
jurist Judge Woolworth said:
| / must beg your Indulgence while I mem
| tlon the qualities OF this lustrious man
100 years ago today. lie had by nature one
| rare gift; that was calm ana equaDle
temperament His robust health and ardent
| social nature afforded him the keenest en-
| Joyments. Persons OF such happy nature
are apt to experience fluctuations OF spir-
| its and cannot always see things with the
| same eye nor hear them with the same
| ear.
Even those whose emotions are moderate
| are elatcd or suffer from the ups and
downs of life. They are not always the
same; their opinions, modes and impulses
chang, with theiT feelings IL was not so
ural and moderatae that they were neither
stimulated nor repressed too far. And, be-
| sides, he was so far UNCONSCIOUS of the
| agitations of others that he did not follow
| them In their changes. When presiding at
a trial or an argument the calmness and
| sobriety of the court room were reflected
| in his undisturbed poise and balance Of
his mien and port Little as men may
sequence, for Judicial impartiaiity is in no
| small degree a matter OF temperament.
His style and manner. of speaking and
| writing were individual and singular at
| that day. In England and In this country
| at that time oratory and great writing
were elaborate. rotund and impassioned;
| there was the Copious vocabulary, the
sweep of sentences, imaginary, analogy and
| illustrations drawn from every hand warm,
| brilliant and striking illusions to Pic
| turesque passages in history, and quota
| ttons from classical authors. So, too, the
manner OF delivery was impassioned, ener-
setlc, graceful and captivating. The lux
| uriant discourses and declarations of Burke
and Pinkney formed golden age of ora
| another note. His words were plain and
| familiar, his sentences mostly short and
often cast I'm the form OF interrogation and
L.
| lustrated his thought very little by an
analogy and never indulged in hyperbole or
| exaggeration and his whole discourse was
| level TO the common understanding. But
| he was never commonplace.
| The preparation OF an argument or a
| state paper was attended by exhaustive re-
| search and the results which his industry
had gathered were arranged, disposed and
presented with consummate skill and ef-
| feet. These copious resources were ami
mated by the most cogent logic which at
times swept discounted adversaries before
him and answered all the wishes of his
| friends l do not mean that his processes
were artificial and guided by rules; any
| thing specious or artfu was as foreign both
to his moral as to his mental constitution
strength of the argument of his opponents
the giving to them full credit for sincerity;
tions which his conscience approved, ele.
waited his discourse to the highest moral
altitude of which the subject was capable
His manner of delivery was as plain as his
words. as simple as his thoughts, as digni
fed as his character, without much action
but earnest, emphatic and impressive. His
progress from the accepted premises at tn,
beginning through the unfolding of the
argument went on In natural order, withou
omitted or sighted. or one just considera,
ton inadequately presented until II reached
an irresistible conclusion. And there wa!
another. qualification for the judicial of
fee which Marshall possessed In an ex
traordinary degree; he was no respecter, Of
about parties, but everything about tn
: case. He did everything for Justice, moth
ing for himself, All his life he valued mel
not for what they had, neither riches no
station nor influence, but for what the!
were-their truth. loyalty, honesty in act
him to treat all men as equal and whei
they came to him for judgment he saw
neither great nor ti small an, and to attend onl!
| During the thrty-four years of his serv
ice about 1,200 opinions were delivered, o
which he wrote more than two-thirds. o
| these Stxty-One were uDOn questions OF con
stitutional law. He spoke for the court II
thirty.six OF them. It Is enough to say o
today institutes of the law, never in an!
way or degree impugned or qualified, am
under theif protection the people of thi
country repose In peace unto this day.
In the Dining Room.
1t was 10 o'clock before the lawyers ar
rived at the hotel from the church wher
Judge Woolworth's address had been dellY
cred. without formality they went to tn
dining room where were seated James II
McCulloch, c. S. Montgomery, f. Wakeley
Il. M. Fairfield, ]. NJ. Woolworth, T.
Mahoney, +. A. Brogan, j. n. Dryden o
Kearney, John L. Webster, ]. II. Mcintosh
G. II. Thummell Lee Spratlin, j. f. Keby
G. " Miles, l.. Rath. T. w. Blackburn, Rev
Edward f. Trefz, j. C. Goss, T. ]. Nolan
]. p. Breen, Isaac f. Congdon. Paul Charl
ton. T. l.. Matthews, John l.. Kennedy
| Warren SwitZler, G. Nj. Hitchcock, c. {
| Wright w. A. Reddick, Z. p. Smith, S
r. Rush, George A. Day. o. c. Reddick,
C. Pratt, II. C. Broome, T. +. Lee, A. W
| Jefferis, 3. G. Burbank, p. C. Keller, ]. {
| Kinsler, II, W. Breckenridge, G. w. LOOMS
J. F. Stout, Harry f. O'Neill w. f. Simera
E. J. Cornish G. NJ. Mcdonald, II. w. Pen
mock, Il. c. Page NJ. A. Hall, Howard Ken
nedy, jr., Herbert Rogers, f. l.. Mccoy
william Giller, e. G. McGilton, Hirar
Chase OF Pender. T. L. Sloan Of Pender, {
Il. Clapp, A. C. Wakeley, ]. b. Sheean, DI
w, o, Bridges, l., f. Crofoot, +. l.. Howell
H. Leav!tt, o. =. NJ. Brown, c. S. Elgut
ter, j. o. c. Kennedy, Harry Westerfelt
N. ii. Tunnicliffe, r. II. Olmsted, Victo
Rosewater, Charles Haller, George L. Prit
chett, +. A, Nash, William Paxton, jr., C.
Greene, W. r. Bennett, w. f. Gurley, N
l.. Learned, Frank l.. Weaver, Matthe'
l Gering OF Plattsmouth and ]. w Battin.
As the guests were seated 7. J. Malone
l introduced +. A. Brogan as toastmaste
Mr. Brogan remarked that il was not hl
intention to make a speech, but woul
start the proceedings by introducing th
l head waiter and his assistants.
l Following is the bill OF fare discussc
| by the Bar association and its guests:
Blue Points. Celery.
II Bouilon En- Tasse.
II Radishes Salted Almonds. Olive
l Braised Filet OF Beef, Sauce Bearnaise
i Potato CroqUettes. Champignon