The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-02-04
MARSHALL DAY.
One Hundredth Anniversary of
the Installation
OF the First Chief Justice of
Supreme Court.
IN HALL OF THE HOUSE
Congress, the President and His
Cabinet Assemble.
Celebrate the Occasion Will
Appropriate Ceremonies.
Many Cities Honor the Great
Jurist's Memory.

Washington, Feb. 4.-JOhn Marshall OF
Virginia, was installed as chief justice
Of the United States one hundred years
ago today, and at 10 o'clock this morn
Ing the centennial anniversary of that
event was commemorated with impress
sive ceremonies in the hall of the house
OF representatives at the capitol The
programme arranged by the joint COM
mittee Of congress and VIM. Writ Howe,
Of New Orleans, president of the Amer
lean Bar association, was simple and
dignif1ed. 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 members of the
District bar association attended as in
vited guests. Many other distinguished
persons were in the galleries which were
reserved for those holding cards Of adj
mission
Although the various official bodies en-
tered the hall together, they were not
announced as on a formal occasion
President MCKINLEY and the members or
the cabinet were -1-a last to arrive. The
entire assemblage arose and remained
standing until they had seated them
selves. Representative Dalzell, OF Penn
sylvania, called the assemblage to order.
He stated briefly the action of congress
in providing for the ceremonies and the
selection of Chief Justice Fuller as pre-
siding officer. The chief Justice in his
judicial robes was escorted 10 the Cna1T
by Representative GrOsvenor of Ohio
and Richardson Of Tennessee. Rev. DR..
VIM. Strother Jones, of Trenton, n. J., q
great-grandson of John Marshall, in
voked the Divine blessing. The chief
justice in introducing Wayne Mac
Veagh, who was to deliver the grafton,
paid an eloquent tribute to- the great
work of Marshall, which evoked hearty
applause from the assemblage-
The chief Justice Of the supreme court.
Mr. Fuller then addressed the assem-
blage. Chief Justice Fuller's address
was devoted almost entirely to the con-
sideration of his predecessors career as
an expounder of the federal constitu-
ton.
He referred briefly to the judicial work
Of the earlier days Of the nations his
tory, and then presented the task which
lay before Marshall when be assumed
the duties Of the chief magistrate OF the
land saying:
sszThe court in the eleven years Of its
organization, during which Jay and
Rutledge and Ellsworth-giants in those
day#presided over its deliberations,
had dealt with such of the government
problems as arose in manner worthy
Of its high mission; but it was not until
the questions that emerged from the ex-
citing struggle Of 1900 brought 1t into
play that the scope of the judicial power
was developed and enlarged and its sig
nificant effect upon the future OF the
country recognized.
.sAs- the constitution was a written in
ing an enumeration of the powers gram
ed by the people to their government
q government supreme to the full extent
of those powers-ft was inevitable tha-
the issues in that contest (as indeed as
in so many others) should involve con-
stitutional Interpretation and that fEst-
~ the judicial department should BE-
called on to exercise its 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 A. 1901, in his inaugural includel
among the essential principles of our
government the support of the state
governments in all their rights as the
most competent administrations for our
domestic concerns and the SureSt bull
warlxs against anti-Republican tenden-
cies' and the preservation of the general
government in its whole constitutional
Vigor as the sheet anchor of our peace
at home and safety abroad but it was
reserved for the chief justice as the or
gan of the court, to define the powers
and rights of each in the exercise of
jurisdiction which he regarded as 'indis
pensable to the preservation of the un-
ion and consequently of the independ-
ence and liberty of these states
The people in establishing their fu-
ture government, had assigned to the
different departments their respective
powers and prescribed certain limits not
TO be transcended and that those limits
might not be mistaken, or disregardel
the fundamental law was written Ard
as the chief justice observed to what
purpose are powers limited and to what
purpose is that limitation committed 20
writing. if these limits may at any time
be passed by those intended to be re-
strained . .
He quoted Chief Justice Marshallss IA
nous utterances to the effect that tie
constitution must be interpreted by its
intention and said OF his words in that
connection:
There We're apparently plain legal
rules OF construction, yet in their applf-
cation is to be found the basis of the
national fabric: the seed of the national
growth: the yindication of a written
form Of government; and simple as they
now appear to be, their successful appli-
cation then required the highest judicial
qualities"
Chief Justice Fuller went on to say
that the powers and duties of the various
branches of the government had not
been well defined and that there was in
tense antagonism between them. which
1t was necessary for the supreme court
to reconcile Speaking of MarshaIl's part
in this service. he said. impressively:
To hold the balance true between
these poles; to tread the straight and
narrow path marked out by law, regard
less Of Political expediency and party
politics on the one hand and jeaIousies
of the revising power on the other; to
reason out the governing principle in
such manner as to leave the nAind free
to pursue its own course without per-
pIexity, and to commend the conclusions
reached to the sober second thought.
these demanded that breadth Of view.
that power of generalization. that clear