The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-06

II Judge MarshalPS occupancy OF once
II 1,1O6 cases in which he PERSONAL.
H prepared $40 of the opinions beside
H eight dissenting opinions to the ma
u jority opinions of the court, and thi
fact alone shows that being only on
Eof seven judges as the court was thei
constituted, either by the Difference
of other members of the court or b!
thei' acquiescence, the duty devolvet
upon him, of formulating the opin
ions and giving expression to views
of the court in almost one-half Of
the cases decided during his tern
of Office.
Il 1t is further to be noticed that in
lthirty-five cases on constitutional
questions above referred to, John
Marshall prepared the opinion of the
court. and one of the dissenting opin'
ions that was rendered by him, was
in the great case of Ogden VS.. Saun.
ders, and incidentally it may be men
| toned that succeeding years have
with constitutional lawyers generally
strengthened the belief that he was
right and the majority of the court
was wrong.
| The Constitution of our country
was, when Marshall took office, mere
chart, with, at that time but few jul,
dicial interpretations of its meaning
and those not of great Importance.
The advancing years gave rise and
still give rise to the necessity of ex
animation of it's various provisions
which although apparently set forth
| in language easily understood, by the
advancement made in the industries
and population of the country, by the
changing condition which new dis
coveries and new social and political
conditions create become uncertain
in meaning and especially so in the
time that Marshall held office. While
some of the interpretations engrafted
upon the Constitution by judicial con.
struction, are of a surprising nature,
it is no doubt true that it must have
been foreseen that there would be
a necessity of Interpretation and con-
struction of it's various clauses, yet
1t could not have been foreseen that
the great work of laying the founda
ton for its correct exposition should,
by the favor of Divine Providence
have fallen upon the shoulders of one
so eminently fitted by his majectic
intellect and elevation of character.
for the task as John Marshall.
An excellent summary of the prin
cipes of construction, which should
be applied to the Constitution have
been given by Judge Marshall himself
in beginning the dissenting opinion
in Ogden VS. Saunders already refer.
red to, and | quote therefrom:
ITO say that the intention of the
instrument must prevail, that this in.
tention must be collected from its
words; that its words are to be un
derstood in that sense in which they
are generally used by those for whom
the instrument was intended; that its
provisions are neither to be restricted
into insignifcance nor extended to
objects not comprehended in them
nor contemplated by its trainers. is
to repeat what has been already said
more at large, and is all that is neceS.
sary."
Probably the English language is
not capable of expressing in more
concise and luminous manner the cen
trail thought embodied in the above
statement than is there expressed. 1t
is this wonderful gift of expression
of thought. clear cut as a diamond,
with no unnecessary qualifying words
or phrases that gives the opinions of
Judge Marshall much of their force.
The language used in most of the
opinions prepared by him is without
technical reference and so clear in
expression that the facts and prin
cipIes set forth are very easily com
pretended either by lawyer or lay
man.
The opinions of Judge Marshall
have none of those embellishments il
humor that at times find their way
into the published opinions of later
day occupants of the Bench. His dis
position. while genial and frank, was
without any tendency toward levity,
and this was especially true while en-
gagged in the arduous duties of his of
fee.
One is impressed in review OF his
life, that he had no temptation to be
witty or sarcastic while engaged in
court work or preparation of opinions
and that his sole aim was to attempt
to master the case in hand and apply
to it those principles of fundamental
law, which none knew better than
himself, or could express in more fit,
ting language.
, Extremely kind and courteous in
personal demeanor, he seemed to be
at all times impressed with the re-
sponsibilty OF his position and calmly
with conscious recitude of purpose
discharged his duties wiyh an eye
single to the merits of the contro'
versy which he was to decide.
United with other great qualities
of mind and heart, Marshall was an
| indefatigable worker. II has been
noted that his decisions are not SO
replete with reference to authorities
as those OF many great judges, even