The Boise citizen. (Boise, Idaho) 1906-1910, 1909-09-17
HISTORY OF A FAMOUS CASE

The Dartmouth College case by the supreme
court Of the United States the early days Of the republic decided
that franchises in the of nvolae contracts that subse
quent legislatures could appeal coming discussion in
the public reviews Numerous legal lights various times have
attacked this decision and John n White lawyer and lecturer
of Illinois has written much upon the subject the last few
1t remained for writer the Independent go into the historical
side Of the discussion and he that the decision made
by Chief Justice Marshall political grounds the nsgaon of
Daniel Webster The Oregonian thus eptomze and comments
upon the Independents articles
People who by the way the world wags and
who love to contemplate the real truth which lies behind great events
will find interesting reading the articles which Jesse Overton
S contributing to The Independent on the Coll
ege case 1t was at the trial OF this suit between the Dartmouth
College trustees and the State Of Vermont before Federal
Supreme Court that Daniel Webster weepngy spoke of the college
as small one but little as 1t might be there those who loved
MI OVerton good believe that great
tears OF the crocodile variety and that he shed them only
help him pervert the mind of Chief Justice Marshall The Dart
mouth suit really political fight between the Federasts and
in Vermont The trustees whom repre-
sented Federasts and John Marshall The Legs
late which sought amend the college charter antFeder
ast and SO was Jefferson whom Marshall hated with consuma
bitterness.
"A spice religious frenzy gave further zest to the Dartmouth
law suit Vermont that time had established church. and the
anti Federal Legislature trying overthrow and establish
liberty OF worship Clerical bgoty therefore assisted Webster to
excite John Marshals anmosy against the Vermont Legislature
for the Chief Justice pous he erude but the main
factor which produced the Dartmouth College decision political
rancor In of his speech the which he dared
print Webster played Marsals Federas bias saw
hat the Chief Justice had made his mind decide for the
ees Then he deemed his good Marshall would
ragonnade the other Judges into agreeing with him what
ner Opinions might be-
at the end of the trial all the other Judges but against
Marshall but he managed put off the decision for year In
meantime possible political religious social Influence was
ogt to bear on the Judges to them the side of Webster
nd the tederals The campaign successful The was
eded for the trustees against the State and became part
rcan law that special privilege granted corporation
tate contract which may repealed amended by the
legislature s
Probably mischievous legal principle ever estat
she'd 1t has been the dreu spring numbeed to the
ount standing the main obstacle the control
operations The have evaded Dartmouth doctrine
very possible way Critics have shown its absurdty Supreme
curt has barely stopped short of overrung and
rave historian Mr. Orton who umaks the which moved
ohm Marshall when he laid down That judicial decision OBJ
ned by partisan appeals and indefenbe way
oud have moulded the fortunes of great nation ninety wears
one OF the melancholy curosies of history" tn