New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-05-20

| surpassed since the llluSCrlos1S John
Marshall laid down his work. The
effects Of his labors will be- FELT by
future generations. His influence
is deeply imprinted on the nation.
The Supreme Court has always
been more than a decider OF specific
cases. It has conceived Of the Con-
stitution as growing, living
thing, not as frozen and dead.
Its philosophy has been as impor-
tant as it's law; its action has been
colored by it's times and it has been q
political and social influence. It
has been legislative body, slow
moving end cautions, but advancing
with sure and steady tread. Its
spirit has been like that OF the
great English judges, special guard
ians Of the common law, who took
care that the common law should
not represent mere worship Of the
past, but should broaden grandly
down from precedent to precedent.
Marshalps transcendent achieve
ments were to consolidate and make
effective national power and TO es-
tablish a fluent principle Of consti-
tutional interpretation. Under
fancy, with Che long-centinued po-
litical supremacy Of elements which
thought a special property interest
was best sheltered by emphasis Of
state rights, there was reaction,
but Marshall's work, though rodi-
fled, was not In the main undone.
During the judicial consulates Of
Chase and Waite, with the adjust
ments incident to Civil War settle
ments, the integration Of the nation
was contaminated.
When Justice White came to the
court events were ripe 2or another
great change. Social questions as
distinguished fron political ones
pressed forward for considaw.-
ton. Was the Constitution flexible
enough to permit the nation to min
lister to the general benefit concern
ing matters undreamed Of by the
fathers? Justice White, before 60
ing on the bench, had been q men,
Der Of the state rights party, ana
it was assumed he was strict con-
structionist. But the opinions
written by him during twenty-sevep
years Of service show that he out
Marshalled Marshall. He was
great Federalist judge--of the @ost
Jefferson denounced. AS a Louisiana
lawyer Justice White had practiced
under the Code Napoleon, and it's
nationalistic tendencies are strong.
Moreover, he was a conspicuous
Catholic layman, and the polity Of
the Roman Church has seldom
favored localisnl or been averse to
centralized authority.
AS g man and public character
the life Of the Chief Justice tells
the old story OF the blessed oppor-
tunity Of American life. Circum-
stances compelled him to be self-cul-
tured. At sixteen, while freshman
at college, the war summons came,
and he put on the uniform Of the
Confederacy. At the surrender Of
Port Hudson he became a prisoner
Of war. But this was in days before
German frightfulness had raised its
head, and humane and chival-
rio foes took no delight In cruelty.
He was paroled, FOR 1t was known
that his honor and that Of his neigh
bors would keep him from further
military service. Among his French
neighbors, descendants Of the Aca-
dians deported from Nova Scotia, he
pursued che studies which later
lowered SO richly and gained that
Gallo sprightliness Of mind which
his solid and massive learning never
OVERLAND.
But IL America gave him opportu-
nifty 1t also showed him magnaninity.
The rebel soldier became the chief
guardian Of the Constitution that his
youth fought against. The shift
was natural, spontaneous, unaccorss-
panied by ostentatieus repentance.
The war was over. Sound men,
whether wearers Of the blue or the
gray, had no time TO waste in hate.
Few who ever met the former rebel
were conscious Of the dramatic
change.
Big Of body and brain, Chief JUS
tice White bulked large in Washing
ton. He seemed in most literal
sense one Of the pillars OF the ma
ton. He was man Of dignity. but
his dignity needed no aids to support
1t. He had the simplicity Of man
who is too occupied with things
worth while TO think much Of him
SELF If Agassiz was too busy to get
rich, the Chief Justice was too busy
TO waste time ON Srills.
His sense Of huInor was so nm