Indiana Law Review


Indiana Law Review
Volume 37 2004 Number 3

SYMPOSIUM

Rededication of the Federal Courthouse
IN Indianapolis

The 100th Anniversary of the
Laying of the Cornerstone

March 25, 2003

Justice Theodore R. Boehm*

It is an honor to represent the judiciary of the State of Indiana at this happy

and significant occasion. Today we celebrate the achievements of the past and
the promise of the future in this great landmark. But one cannot mark such an
event without recalling that our sons and daughters are once again engaged in a

struggle in a foreign land. I know you, and all Americans, hope and pray for their
safe retum and an early and successful end to the conflict. In the meantime, it is

up to us to continue to build the judiciary and other strong institutions that bind

the nation together, as well as the physical embodiments ofthose institutions such

as this magnificent century-old courthouse.

Exactly a century ago, the Indianapolis News reported "plenty of sunshine,
music and people"' at the laying of the cornerstone. Included among the crowd
were the workers who were to place and set the cornerstone and who, according
to the News, "wore white duck trousers or new overalls" and "seemed to take an
active interest in the affair."^ Judged by the length of the speeches that day,

which were reported verbatim in the press, even appearing to hold their attention

was no small achievement and one well beyond the power of most present day
orators, certainly mine.

Despite this happy launch, construction of this building was, as you might

suspect, not without its challenges. Five days ai^er the cornerstone was laid, the
News reported that a strike of bricklayers threatened the project.^ Then, we are
told, the stonecutters from Southern Indiana turned out to speak no English and

these good German craftsmen were without a foreman to direct the project. At
that point, assistance from the State of Indiana was requested, and I am happy to

* Justice, Indiana Supreme Court. A.B., 1960, Brown University; J.D., 1963, Harvard
Law School.

1

.

Corner Stone Formally Laid, Various Civic and Military Organizations and Prominent

Citizens Participated, INDIANAPOLIS NEWS, Mar. 25, 1903, at 1.

2. Id

3

.

May Delay Work on Federal Building, Threatened Strike ofBricklayers May Interfere,
Indianapolis News, Mar. 30, 1903, at 15.



606 INDIANA LAW REVIEW [Vol. 37:605

report that my predecessors in state government were able to come to the aid of
their federal colleagues. A person with both the requisite knowledge of
stonecutting and the necessary German language skills was located—in the
Michigan City penitentiary. After completing work on the project he returned to
serve out the balance of his sentence. I am sure you understand that this would
not have been able to be accomplished without the careful foresight and
assistance ofthe Indiana State Judiciary. We are always happy to help out where
we can.

I hope you will forgive a personal note. This is the first time I have had the
privilege ofaddressing the federal bench from this altitude. For twenty-five years

I labored as a lowly lawyer practicing for the most part in this building and
groveling in the pits below the bench. And for the vast majority oftime, the same
fourjudges constituted the bench in the Southern District ofIndiana, Indianapolis

Division. So I began my career bowing and scraping equally to the kind and
patient suggestions ofChiefJudge Steckler and the stem scowls ofJudge Holder.

For a quarter of a century, not much changed—^not the judges, not the building,
and not the practice of law.

Frequently my cases involved lawyers from other parts of the country,
usually big cities. Invariably their first comment was "What a great courtroom."
And their first questions were "Don't you have any security here?" and "How is
it that you know everybody?" The days of security-free federal courtrooms are
gone, as is the time when the bar was small enough that we usually had dealt with
the local opponent before and knew we were likely to do so again.

Despite these changes the dignity and grace of this building remain a

constant. Public buildings are indeed both an embodiment and reminder of our

public life. Small children learn through direct visual impression the importance

ofwhat goes on here. Adults appreciate the detail, planning and sacrifice it took
to put this structure into place. The keynote speaker of a century ago dubbed this
building "the abode of national justice.""^ Those who builtthe federal building of
1 903 knew they were making a contribution for the ages. It stood then and it
stands now as a proud symbol of an independent judiciary. We can repay that
foresight only by enhancing it as the needs grow, but always preserving its

original majesty.

It was highly controversial in the middle 1980s when Governor Orr led a
restoration of our state capitol. That building was completed in 1888, and the

ensuing century it had been allowed to deteriorate into a rabbit warren of small

cubicles, temporary structures that stood for decades in various states ofdisrepair,

and an assortment of unidentifiable electrical and ventilating devices. Today no
one doubts the wisdom of taking the time and spending the money to restore the
state capitol to its original splendor. Our federal building has been mercifully
spared the abuse visited upon the State House, but inevitably some touching up

was necessary. Beginning in 1992 that was undertaken. Now the federal
building at its centennial remains a magnificent monument to the foresight ofour
predecessors and the wisdom of preservation.

Corner Stone Formally Laid, supra note 1

.



2004] DEDICATION REMARKS 607

As we celebrate this achievement, let us again be reminded that these
buildings, and the republic they serve, did not come easy. We are the caretakers
of both and must tend them carefully, for ourselves and for future generations.

Particularly in times of national stress, this requires vigilance, perspective, and

a sense of history.

I have learned since becoming a Justice of our court that the judiciary in

Indiana functions somewhat differently and much more amicably than its
counterparts in many states. Anecdotal reports from judges in other parts of the
country often suggest adversary relations between trial and appellate benches,

between courts ofdifferent or overlappingjurisdictions, and between the state and

federal judiciaries. Not so in Indiana. I hope not presumptuously, I regard each

of the federal judicial officers as a friend and colleague. It is a great pleasure to

join them in celebrating a century of achievement in this elegant edifice and
marveling at the magnificent structure our forebears created and we now
rededicate.