The National tribune., 1910-07-07
DEATH OF CHIEF JUSTICE Full
IER

dentS come ana go, ana as tne neau oi
that branch of the Government which
has the last word and say upon acts OF
both Congress and President he is q
powerful influence in the conduct OF
public affairs. The Supreme Court OF
the United States is the most exalted
Tribunal in the world There is no
) other court which passes in review the
acts of the Legislative and Executive
Departments and which can affirm OIL
negative both. The inlcri,; citations and
decisions of the Supreme Court have
had a most powerful influence in shap-
, ing the destinies of the country. The
first great Chief Justice, John Marshall
by his unassailable reasoning and his
vigorous assertion of the rights and
lpowers of the Federal Government, rem
dered a service of inestimable value in
shaping the Government to what it now
is. From the first he vigorously main
tanned that this is a Nation with Ma
tional powers, and not a mere confed-
eracy of jangling little Commonwealths
hampering one another and the devel-
opment of the country by their inter-
state jealousies and disputes.
Of Chief Justice Marshalrs successors
the next one to powerfully influence the
country was Chief Justice Taney by
his startling and revolutionary decision
in the Dred Scott case. In that cele-
brated decision the point Of law was of
infinitely less consequence than the
obiter dictum by which the Chief JUS
tice went out of his way to use his
great efforts to throttle the anti-slavery
sentiment and serve the slave power.
If Chief Justice Taney had confined
himself to the decision of the case be-
fore him, there would have been no
lquestion of the rightfulness of the de-
cision. Even in the fierceness Of the
Ianti-slavery feeling there was no criti-
cism on the law as laid down by the Su-
preme Court. The excitement was
created by the Chief Justice at the in
stigation of the cabal. going far out of
his way to lecture the people of the
United States on the subject of slavery
and utter assertions with regard to the
negro which were inflamingly hostile to
the conscience of mankind and the good
sense of all civilized people.
His successor, Chief Justice Chase,
had before him for settlement the mo-
mentous questions arising out Of the
war, and particularly the legal-tender
quality of the paper money issued by
the Government during the struggle.
The latter was one of the most momen-
tous questions connected with the war,
because all our entire framework Of
business operations pivoted on whether
the greenback was legal tender the
same as gold and silver in all debts and
| other commercial transactions. To have
decided that it was not, that the act of
Congress making it so was invalid,
| would have unhinged the whole busi-
ness fabric. So plain seemed the man
date of the Constitution that only gold
and silver could be made legal tender
that the Court hesitated a long time
over the decision, and finally handed
down its judgment that the emergency
was so great as to justify Congress in
giving a legal tender quality to this
paper money in order to save the Ma
tons life.
| Chief Justice Chase was succeeded by
Chief Justice Morrison R. Waite, whose
principal contribution to the fabric of
our laws were decisions in regard to
the rights of common carriers and the
control Of States over warehouses and
elevators. This enunciated principles
| of great Importance, which have since
been the basis of laws and commercial
| transactions.
The late Chief Justice was lawyer
of the highest ability, and confined him
self strictly to that profession. He had
no reputation except among lawyers,
but there it was of the highest. He
was born at Augusta, Me, Feb. II,
1893, graduated from Rowdoin College,
removed to Chicago, and identified him
self there with the Democratic Party.
He took part in political matters to the
extent of membership in the Illinois
Constitutional Convention and the ILL
nois Legislature, and was a delegate to
several National Democratic Conven-
tions. Otherwise he confined himself
closely to the law. He first attracted
tolecbpoh ~ uSAcHSo VI ioiohop
Cheney against the charge of heresy,
where he astonished everyone by his
knowledge of ecclesiastical history and
procedure. So high a reputation was
gained that when Chief Justice Waite
died the Republican Senators from ILL.,
nois Joined with the Democrats in urg-
ing upon President Cleveland his pro-
motion of Mr.. Fuller as Waite's sue
cessor. Mr.. Fuller was then SIS years
old, and his nomination led to a pro-
longed discussion in the Senate before
he was confirmed. The judiciary Com
mittee reported the nomination to the
Senate without recommendation, and
there it was severely attacked by Sem
ators Edmunds, Everett and Stewart,
who were then leaders. Among other
things it was alleged that he was a
"Copperhead" during The war. Senators
Cullum and Farwell, Of Illinois, defend
ed him, and ne was finally confirmed
by vote of Al to 20. For 22 years he
presided over the Court with dignity,
ability and to the general approval of
the legal fraternity. His most notable
decisions were:
The income tax law, held to be I'm
constitutional