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

Its departments. The legislative power
Of Congress is delegated and not in
herent, and Is therefore limited. i agree
that the power to make needful rules
and regulations for the territories nee
essarily comprehends the power to sup
press crime; and 1t is immaterial even
though that crime assumes the form OF
religious belief or creed. Congress
has the power to extirpate polygamy in
any of the territories by the enactment
OF criminal code directed to that end:
but it is not authorized under the cover
OF that power to seize and confiscate the
persons, individuals or corporations with
out office found because they have been
guilty of criminal practices.
The doctrine Of cypres is one of con-
structfon, and not Of administration. By
1t fund devoted to a particular charity
Is applied to a cognate purpose, and il
the purpose for which this property was
accumulated was such as has been de-
plcted, 1t cannot be brought within the
rule OF application to q purpose as nearly
as possible resembling that denounced.
Nor is there here any counterpart in con-
gressional power to the exercise of the
royal prerogative in the disposition OF a
charity. If this property has accumulated
Tor purposes declared illegal that does not
justify its arbitrary disposition by judi
ciai legislation. In my Judgment. its di-
version under this act of Congress is in
ontravention of specific limitations in the
constitutions; unauthorized, expressly or
by implication, by any of it's provisions,
and in disregard of the fundamental
principle that the legislative power of the
United States as exercised by the agents
OF the people of this republic is delegated
and not inherent
The Chief Justice wrote the opinion
OF this court in deciding a number Of
controversies between states of the
Union kansas agt. Colorado. 1856 L. S.,
125: Virginia agt. West Virginia. 2O6
=. s.. go; Louisiana agt. Mississippi,
2O2 I. S.. -. and in the prize cases
CThe Carlos r. Roses. III e. s., 6S5;
the Pedro. It's L. S., 354; the Benito Es-
longer, 176 U. S., SOS: the Manila Prize
Money. 1873 L. s., 254; the Infanta Ma
ria ria rh he SAL lss T. S; 2ss,. In the
Church in Porto Rico was a juridical
person whose property was entitled to
protection under the terms Of the
treaty between the United States and
Spain.
The Talmud compares the study Of the
law to a huge heap Of dust that is to be
cleared away. .'fhe foolish man says, 1T
is impossible that I should be able to re-
move this immense heap. / will not at
tempt it, but the wise man says, Il will
remove little today. some more tOmor
row and more the day after, and thus
In time shall have removed 1t ALL !" 1t
was In this spirit that Chief Justice Full
er toiled during the years that he pre-
sided over this court. Much of the work
of all courts is of but transitory i'm
portance-save in SO far as it keeps ever
burning the sacred lamp of justice to
tighten the footsteps of men. But the
labors of this t-ibunal are essential to
the preservation of the liberties of free
people.
In the largest proportion Of causes SUBJ
mitted to its judgment, every decision be-
comes page of history and may become
part Of rampant against anarchy. To
this court men look for the maintenance
of those rights which our forefathers
wrung from a reluctant monarch at Run
nymede 800 years ago, which are now
embedded in the Constitution of the
United States, and which are as essential
to the protection of the citizen against
the tyranny of hydro-headed tyrant or
the future as they were against the mon
archs of the past.
The labors of the eighth Chief Justice
are over, and his work in this court is
submitted to the judgment of men. AS
he said of Justice Brewer: He died sud-
denly, but net the unprepared death from
ing finished his course In faith he doth
now rest from his laborS
Court Of Appeals.
Present: The Chief Justice. Mr.. Justice
Rohb and Mr.. Justice Van Orsdel.
George Melting, ]. McAllister Stevenson,
ir.. Walter D. Edmonds and Harry l..
duncan were admitted to practice.
No. $40. Patent appeal. Brewer agt.
Whitney: passed until March
No. 6G7. Patent appeal. Breitenbach
agt. Rosenberg: passed until March.
No. 2196. Hutchinson agt. Capital
Traction Company; writ Of error to
United States Supreme Court ordered to
s..,,n ~, ,,,o<fou NJ Mr.. T.. T. Mafher n.