The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-10-07

lance of a decision by this, the court of
last resort, makes it imperative that the
greatest care be exercised in determin ing a
verdict.
The infusion of new blood into the Sem
ate of The United States has turned that
most conservative of American legislative
bodies upside down. 1t is no longer a
dign flied and deliberative body. as the
Senators OF fifty years ago understood it,
1t more nearly resembles the bear garden oI
the House of Representatives than the dig
nified dellberative body oI fifty years since.
But new blood disturbs the traditional
quiet of the Supreme Court. 1t is not the
custom OF the Presidents of the United
States now to appoint young men to seats
on the Supreme b-nch; in fact, it was a
matter Of comment that Mir. Horn blower,
MIR. Cleveland's app0intee of year ago.
who was rejected by the Senate, was only
AZ years old. This would not have been
con >idered extraordinarily yung for the
position century ago. In NOvemb Der,
1911, President Madison appointed Joseph
Story to he Supreme bench, though he
was only 80 wears old. President Jefferson
appointed William johnson of South
Carolina to the Supreme bench in March,
1904. though Johnson was then little
more than 80 years of age. Bush
rod Washington, nephew of Presi-
dsnt Washington, was appointed to the
Supreme bench in 1898 at the age
of &c. So the earlier appointments to the
bench were MADE among younger men
than are now selected. 1t is seldom now
that q lawyer attains the dignity of ad-
mission to the Supreme Court bar at as
early an age as 80. OF the later APP
polutees to the bench Mr.. White Of Ala
! bama was 40 years old when the Senate
confirmed him: MIR. Jackson was nearly
81, Mr.. Shiras was about the same age,
Mr.. Brown was 81 and MIR. Brewer was 90.
The youngest appointee on the bench was
Harlan. WHO was appointed at the age of
! Al. Chief Justice Fuller was 30 years cd
when he took the oath of Office. The
Chief Justice, Mr.. Shiras and Mr.. White,
by the way, had seen no judicial service OF
any kind before their appointment to the
| Supreme bench.
The position of Associate Justice of the
SUI RENE Court is no sinecuTe-it cannot
even be classed as IAN easy job" The
Justices give full value for the $4,000 a
year which each of them receives. Their
| time on the bench, averaging about four
and half hours dag during the term. is
not the only time devoted to their duties.
Every Saturday they gather In the con-
sultation-r00m, in the basement of the
Capitol. This room was once the Office of
the clerk of the court. The Supreme Court
chamber was at that time the cham Der OF
the United States Senate. To these con-
situations of the justices no one is adj
mltted, not even the clerk of the court.
| Here the cases which have been argued
during the week are discussed and
dissected. Here the Judgment of
the court is determined and the
| task of writing an opinion is assigned
TO one or more Justices in each case.
! say one or more, because itdoes not always
happen that the Justices are unanimous ia
their determination of matter. and in
| case of a division the views of the court
| are prepared by one of the Justices, and
! the views of the dissenting Justices are
repaired by another. These opinions are
written out at their homes by The justices
! to whom they are assigned, and then they
! are brought tn the consul atlon-r0Om and
lead to the full bench. If they are ap-
| proved they are laid before the court on
| Monday, which is decision day.
Writing an opinion for the Supreme
! Court is ofen a weighty matter. The late
Justice Lamar remarked once that in pre-
pairing an opinion in a patent case he had
to famiiiarize himself wi h the manufac-
ture and use of corsets, their exact aDpli-
| cation to the female form divine and al
| the other trade facts which constituted ex
| pert knowledge. The corseis in dispute
were an exhibit in the case when it was
argued in the court.
There are specialists among the Judges
and the cases are assigned to them often
| IN accordance with their known famil
iarlty with the particular branch of juris
| prudence involved. Thus Mr.. Bradley
| was 1or many years the writer of most Of
the patent decisions and Mr.. Blaichford o.
| most OF The decisions in the marine cases
Mr.. Lamar succeeded t. great deal of tn,
patent and land decision business, becaus,
his experience as Secretary of the InteriO