Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-11-15
WHERE THE JUSTICES SIT.
A General Shutting Of Places Since
Justice Miller Died,

| "A Uenefai Shuffffng OF Places Since
Justice Miller Died.
HOW THE MEMBERS OF THE SUPREME COURT 90
Up TO THE HEAD-rHE WORK DONE BY JUS
| TIcEs-ExPERIENcEs OF LAWYERS WHO APPKAR
BEFORE THE coURT-sENIoRrrY OF SERVICE.
| ~ GENERAL trading around of seats has
INV taken place on the Supreme bench.
| Ehv Mr.. Justice Field. who used to sit on
Vs&llAI the left Of the chief justice, now sits
| on his right, and Mr.. Justice Bradley, who
used to sit on the right one removed from the
| chief justice, now sits next to him on the left.
where Justice Field formerly sat. Mr.. Justice
Harlan has moved over from left to right and
sits in the seat vacated by Justice Bradley. Mr..
| Justice Gray has passed over from right to
left, taking Justice Harlan's former seat. Mr..
Justice Blatchford has taken the seat on the
right vacated by Justice Gray. Mr.. Justice
| Lamar has gone back from right to left to
seat one nearer the chief justice than he
| Formerly occupied and Mr.. Justice Brewer, the
latest appointee, has removed from his seat on
the extreme left to the seat on the extreme
| right vacated by Justice Lamar. The seat on
the extreme left is where Mr.. Harrison's new
appointee will sit, whoever he may be.
MOVING ALONG.
This general shuttle occurs whenever one of
the senior justices dies. Mr.. Justice Miller was
| the highest in seniority and his death SO
shuffied up the court that for day or two
| they hardly knew where to find themselves,
The question of priority of service enters
into ins9;,.. the >, placing Of the dignitied
at the bench when the court is in session will
indicate at once which Of them has had the
| longest service. The place of highest honor il
directly on the right of the chief justice. The
second place is on his left and the third
so on back and forth from side to side.
by sort OF tontine system the junior justice
gradually works his way to the place of highest
| honor. The value of member of the Supreme
bench is pretty clearly, though, of course not
quite, represented by his seat on the bench,
that Is, by his length of service.
SOMETHING TO LEARN.
Mr.. Harrison may appoint the ablest lawyer
he can find not now on the Supreme bench to
succeed Justice Miller, yet he can deserve no
higher rank at the start than is represented by
| the seat on the extreme left No man has ever
yet gone on the Supreme bench that he did not
find himself deficient in information important
to the position. There is an immense amount
OF knowledge on a great many subjects, all of
which are not to be found discussed in law
books, which supreme justice must pos
6eSs, and from the time he takes his place
upon the bench until death claims him
he must delye night and day into
his cases and study as diligently as
the collegiate preparing for examination. His
life is one long strain of toll and study. From
time to time there comes to the attention of
the supreme justices something relating to
every branch of human endeavor. The rights
OF every man which he guards most carefully
| are those relating to the business or occupa-
ton by which he earns his living. Disputes
upon these rights lead to law suits and out of
them grow the Supreme Court cases, and
considering them the justices must learn
something OF the trade or profession of the
mechanical or the scientific point involved.
GAINING OCCULT KNOWLEDGE.
Justice Lamar said after making a very care
full study of patent case the other day that
he had learned something he never knew any
thing about before; he had learned all about
the gussets and seams and bands of corset
He had learned all about tho different stitches
used, and of the number of steels and where
they should go to support the female form. He
had to almost learn the corset trade in order
to deliver a proper opinion in the
case, and he found it quite interest
ing. Thus the justices have to acquire
all sorts OF mechanical and scientific knowl-
edge in order to understand all the cases
that come before them. There are great
land lawyers great railroad lawyers, lawyers
who make a specially of patents and some who
know all about marine law, but the justice of
the Supreme Court must be all these and more;
his powers must be universal. he must deal
with all the branches OF the law and with the
laws of all the states. The Supreme Court does
not divide its labors one taking patent cases,
one railroad cases. &C., but though one Justice
Is named by the chief justice to write out an
opinion on a case, the case itself must be
thoroughly studied by every member of the
court
IN TIE CONSULTING ROOM.
They consider the case together, after having
studied it carefully each by himself and they
all discuss it and all vote upon it Each JUS
tice has to make an exhaustive study of every
case that comes up. They retire to the con-
sulting room for the discussion OF cases. This
room is in the basement of the Capitol and no
one Is permitted in it and no record is ever
kept of what is ever said there Even the
clerk of the court is not permitted to be present
during discussion. Sometimes when there is
division of opinion on an important case it
may well be imagined there is a powerful
discussion conducted in that room.
very long and very earnest discussions
there, contention between the most powerful
and brightest legal minds Of the period, con-
Quoted in the secrecy of a vauited chamber,
with no galleries to applaud no populace to tempt
them to deception or demagogism, and no re-
cord kept OF what was said. Why, it would be
liberal education in the law to hear one of
these. Every man has a critical audience;
none would dare attempt to discuss a case he
had not mastered This consulting room is the
dissecting chamber where the anatomy of
every case is studied, stripped of all the
outer ornament, and the bone and sinew cut
down to.
TEE LAWYERS.
Practice before the Supreme Court is not
easy for the average lawyer. 1t takes great
skill and judgment to make a success Of it,
The eloquent advocate and pleader fails to
make an impression; the very careful lawyer
who labors to accumulate precedents finds that
ms labor is lost This court is not to be caught
by an elegant delivery and an eloquent flow of
words. All that takes up time and tires them.
All the presidents that can be cited is but an
old story to them. 1t is waste of time and a
trial to their patience for them to listen to
citations. The man who makes a success be-
fore the Supreme Court is he who thoroughly
knows his own case and can indicate clearly
the point upon which it turns. Ii the facts are
well stated and the point upon which it hinges
made clear the court find the
law and precedents. The skilled practitioner
really appears before the Supreme Court not
SO much to argue his case to assure himself
that the court sees all the points and to answer
any questions concerning the case they may
PROFOUND to him. The lawyer who goes before
the court with prepared speech makes a
grave mistake, and is apt to repent it before he
is through. The only sort of preparation that
is valuable is that which gives the lawyer a full
mastery of the details Of his case, that he
may be able to answer questions. Many q man
with a speech committed to memory has had
his mn lied down n kout his aars Tho eki