Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-01-09

federal power has brought upon its
dockets. The period of Chief Justice
F'uller's incumbency was one of UMPIRE
| cedented national growth. Even the
not give rise to the great number and
variety Of new questions which have
| been pressed upon the court since the
year 1883.
The attempts to solve by legislation
economic questions resulting from our in.
dustrial growth, Of which the income tax
law. the bankruptcy law Of 1885, the acts
concerning carriers in interstate COM
merce: the law against unlawful trusts
and nonopolies; the meat inspection
inspection law and the oleomargarine
laws: the Chinese exclusion acts and the
other immigration and naturalization laws
are illustrative. have required this court
to construe and apply with patient study
and -statesmanlike comprehension the
principles OF the federal Constitution. in
the effort to preserve inviolate the dual
nature OF our governmental system: not
hesitating to assert the paramountcy of
the national government over those sub
Jects where the Constitution declares it
to be supreme, nor check the usurpation
by federal authority of those powers
which, not being expressly or by impli-
cation delegated to the general govern
ment, are reserved to the states re-
spectfvely or to the people,"
The war with Spain made us a world
power. and brought to the decision of
! this court novel questions as to the re-
iations of our government to territory
acquired by conquest or purchase In
dealing with all Of these great questions
Chief Justice Fuller played no incon-
siderable role During his twenty-five
years of service he wrote S29 opinions,
of which but Twenty-Five expressed the
views of minority of the court He
wrote the opinion Of the court in the
Boring sea cases In re Cooper, IA;
U. S., 472). in the first case arising
under the Sherman antitrust law GU.
one of the latest-the so-called Dan
bury hatters' case dowee agt. Lawler
POS Z. S., 274. in the income tax cases
pollock agt. Farmers Loan and Trust
Company. 157 U. S.. 400: 158 Y. s.. GOD
in Kansas agt. Colorado 1s5 U. s.. 1850.
safety appliance law johnson agt:
Southern Pacific Company. 1876 Y. 8
10. and in the contempt proceedings
against the sheriff of Chattanooga,
Ship. 215 L.: s., $500.
He wrote dissenting opinions in In re
Neagle Obs L. S.. -. the case in which
it was held that petitioner, deputy
United States marshal. was justified II
killing an assailant of a justice of this
court whom he had been detailed to pro-
tect from violence: in the case of Nor
mon Church agt. United States Q36 u.
II s.. ~, where he denied the power OF
Congress to enact the law of February
10. 1887, repeating the charter Of the
Mormon Church and directing legal pro-
ceedings to be taken to wind up its af-
fairs and dispose of it's property. in the
Chinese exclusion case Fong Yue Tins
agt the United States Q49 Z. S., 6!eS),
and in the case of the United States agt
Wang Kim Ark Q69 L. S.. 649). where
the court held that child of Chinese
| parents born in the United States be-
came at birth citizen OF the United
States; in the lottery case QSS Z. s..
32D; in the insular cases (Dooley agt
United States. 1873 U. s., l5D: In Hale
agt. Hemkel (201 U. s.. 49,. and he con-
Cured with Mr.. Justice White in his
dissent in the Northern Securities case
193 U. S.. 1879.
It is difficult to select from the great
volume of Chief Justice Fuller's contri-
buttons to the work of this court those
Of his opinions which best illustrate the
extent Of his learning and the nature OF
his acumen without unduly extending
these remarks.
Chief Justice Fuller's opinions are all
characterized by q simple lucidity OF
statement and q directness of reasoning
free from subtlety. His mind naturally
tended to resist the broadening applica-
ton Of federal control over subjects
which until recent years had been left
entirely to state regulation.
s'In my opinion" he wrote in the Nor
mon Church case Q36 L. S., 1870, Con.
gress is restrained, not merely by the
limitations expressed in the Constitution,
but also by the absence Of any grant of
strument. - regard it of vital
consequence that absolute power should
never he conceded as belonging under
our system Of government to any one OF