Evening star., 1951-01-28
By Robert K. Walsh

n. WolSn
because of a gas explosion in the
basement.
Where the court met is not al
important or as interesting al
what it did during all those trials
in transit. Nevertheless, the court
never gave evidence that it felt
cribbed, cabined and confined.
In those first years in Wash
ington the court had two terms
annually, in February and August
The February term in 1901 opened
only with the swearing in of Chief
Justice Marshall, admission of Mr.
Key, Arthur Shaft, James A. Bay.
ard. Robert w. Peacock, Augustus
E. B. Woodward and John T
Mason, continuance of two cases
until the following term and q
rule in an original jurisdiction
case of New York VS.. Connecticut
At the start of the August
1901, term William Marbury en-.
tered a motion for a writ of man.
damus against Secretary of State
James Madison. From that wa.
to come. in 1903. one of the most
celebrated decisions in American
history. Chief Justice Marshall's
opinion was the first instance OF
a Federal law being declared un-
constitutional. That principle o1
judicial review by the Supreme
Court has grown stronger with
the passing Of $50 years.
Chief Justice Marshall, for al
his fame even while living, hearc
plenty Of criticism poured not
only on him and the court, but
on the then half hidden court
room in the depths of the Cap.
itol.
John Randolph of Roanoke, fo,
instance. wrapped the Chief JUS
tlce and the room into a classic
example OF invective. He com.
pared the surroundings to the
legendary Greek Cave of Tro.
phonious." the mythical architect
who delivered oracles from 8
subterranean chamber so awe-in.
spring that those who entered
never smiled again"
So strong and lasting was the
impress Of Marshall that a sur
prisingly large number of people
suppose he was the first Chief
Justice. Many also mistakenly
take it for granted the Supreme
Court accomplished nothing be-
fore coming to Washington.
John Jay and Oliver Ellsworth
preceded him and John Rutledge
had been appointed, but rejected
in 1795. True, Supreme Court
career from 1889 to 1901 provided
comparatively little work ano
seemed to hold no promise. iudg-
ing from the rate of designations
or refusals.
The first formative years never
theless set solid groundwork on
which Marshall and his associ-
ateS and successors could build
especially in asserting supremacy
OF Federal power as defined and
delegated in the Constitution.
Unlike the SHOWS of yesteryear
citations of famous cases heard
and decided in the "subterranean'
chambers or the old Senate room
still return in arguments and
briefs studied by the tribunal in
its modern, spacious building.
Names Are Blurred
Capitol guides tell tourists how
the voices of Daniel Webster and
others once thundered in the old
Senate chamber. Webster's pom
derous periods and piercing legal
points were hardly less potent in
the Supreme Courts old rooms a
floor below.
He captured contemporary no.
tice by such utterances as lit Is a
little school, but there are those
who love it''-in the case of Dart
mouth College VS.. Woodward.
But his real persuasion so far as
the court was concerned was
proven when Chief Justice Mar
shall himself sometimes lifted
portions of Webster briefs for in
clusion in final opinions.
And what of the lesser-known
people - those litigants whose
names fit forever into key cases,
but whose personal stories are
forgotten, if indeed they were
ever known beyond their brief ap-
pearance on the Supreme Court S
formal stage:
Mccullough VS.. Maryland IN
1919, Dred Scott VS.. Sanford, 1857;
Er Parte Milligan. 1866; United
States VS.. Cruikshank, 1876, 1879;
Strauder VS.. West Virginia, 1886,
Pollock VS.. Farmers Loan g. Trust
Co., 1895; Plessy VS.. Ferguson,
1896; Smyth VS.. Ames, 1898; Ham
mer VS.. Dagenhart, 1918; Schenck
VS.. United States. 1919; Adkins VS.
Children's Hospital, D. c., 1928;
Schecter VS.. United States, 1885.