Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-10-06

established by the
Constitution. 1t will
find a full docket; for the business Of the
court Is several years behind. and 1t will
probably always be more or less in arrears.
But there will be no hurrying for the pur-
pose Of expediting business. The same de-
liberation will characterize the sessions Of
the court which has marked them since
the first meeting was held more than a CEN
fury ago in New York.
The Supreme Court moves slowly not
alone because Of the dignity Of the court
and OF Its members, though they are re-
straining influences. The great Importance
OF decision by this. the court of last re-
sort, makes it imperative that the greatest
care be exercised In determining a verdict.
&c. though urgent matters are advanced
ON the docket at every term. there is no
haste about transacting the routine bust
ness. Everything takes its turn.
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 dig
nified and deliberatve body as the Senators
OF nfty years ago understood. 1t more
nearly resembles the bear garden of the
House of Representatives than the dgnified
deliberative body of fifty years ago. But
no 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 SUI
preme bench: in fact, 1t was matter of
comment that Mr.. Hognblower. Mr.. Cleve-
lands appolntee of year ago, who was
rejected by the Senate, was only forty-two
years old. This would not have been con-
sidered extraordinarily young for the po-
sltion century aga. In November, 1911,
President Madison appointed Joseph Story
to the Supreme bench, though he was
only thirty-two years old. President Jeffer-
son appointed William johnson of South
Carolina to the Supreme bench in March,
1904, though Johnson was then little more
than thirty-two years Of age. Bushrod
Washington. a nephew of President WASH
lngton, was appointed to the Supreme
bench in tbs. at the. age OF thirty-sX. So
the earlier appointments to the bench were
made among younger men than are ever
now selected. IL Is seldom now that a
lawyer attains the dignity of admission to
as thirty-two. OF the later appointecs to
the bench, Mr.. White of Louisiana was
forty-nine years old when the Senate con-
iirmei him. MIR. Jackson was nearly sixty
one; MIR. ShiraS was about the same age:
Mr.. Brown was ffty-four. and Mr.. Brewer
was ffty-two. The youngest appointee now
on the bench was Justice Harlan, who was
appointed at the age of forty-four Chief
Justice Fuller was fifty-fve years old when
he took the oath of office The chief JUS
tice, Mr.. Shiras and Mr. White by the
way, had seen no judicial service of any
kind before their appoin tment to the Su-
preme bench.
Not n Sinccure.
The position Of associate justice OF the
Supreme Court is no sinecure--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
nd l,p1f 1ax- u,
Is not the only time devoted to their duties.
Every Saturday they gather in the con-
sultation room in the basement of the Cap
ttol. This room was once the office of the
clerk Of the court: the Supreme Court
chamber was at that time the chamber
of the United States Senate. To these con-
situations of the Justices no one Is ad-
mitted-not even the clerk Of the court.
Here the cases which have been argued
during the week are discussed and dissect-
ed. Here the judgment of the court is de-
termned and the task CT writing an opn-
ion is assigned to one or more justices In
each case. l say one or more because 1t
does not always happen that the justices
are unanimous in their determination of a
matter; and in case of division the
views of the court are prepared by one of
the justices and the views of the dissenting
justices are prepared by another. These
opinions are written out at their homes by
the justices to whom they are assigned
and then they are brought to the consulta-
n. III
they are approved, they are laid before the
court on Monday. which is decision day.
Writing an opinion for the Supreme
Court Is often a weighty matter The late
Justice Lamar remarked once that In pre-
pairing an opinion I'm patent case he had
to famiiarize himself with the manufacture
and use of corsets, their exact application
to the female form divine, and all the other
trade facts which constituted expert
knowledge. The corsets in dispute were an
exhibit in the case when 1t was argued in
the court. There are frequently amusing
displays in the court room during the dis
cussion Of case. The late Ben Butler very
nearly destroyed the gravity Of the court
one day by introducing a number Of pat
ented doll babies in evidence and flourish
ing them aloft during his argument In a
comical way. There are specialists among
the judges, and the cases are assigned to
them often III accordance with their known
familiarity with the particular branch of
jurisprudence involved. Thus. Mr.. Brad
ley was for many years the writer Of most
Of the patent decisions, and Mr. Batch
ford of most of the decisions in the marine
cases. Mr.. Lamar succeeded to a great
deal of the patent and land decision busi-
the Interior had made him familiar with
these subjects. But whatever may be the
speciality Of this or that justice all are sup
posed to be sufficiently well informed on
all of the subjects considered to render an
accurate judgment of the disputed point
In addition to the work which they per-
form on and off the bench in Washington,
the justices go out during the recess Of the
court and travel over the sRuntry, sitting
with the circuit judges in The hearing of
important cases. Justice Field goes every
year to the Pacific coast, where he covers
the circuit including California, Oregon.
Washington, Alaska, Montana, Nevada,
Idaho and Arizona. Chief Justice Fuller
covers Maryland. the Virginias and the
Carolinas.
The assembling of the Supreme Court Is
matter of much form and ceremony.
The hour Of assembling is noon. The court
meets at 1.-The place provided by law" SO
that If Congress, after the adjournment of
the court, decided to move it's quarters. ii
would have simply to conform to the new
law. without special action by the court it.
self. The place provided by law" this year
Is. as usual. the Supreme Court chamber In
the Capitol at Washington. The Justices
will gather at about 11:30 o'clock on Mon
day morning In the robing room. This is a
small room adjoining the clerks office
which is directly across the hall from the
Supreme Court chamber. The clerks office
was once the office of the secretary of the
Senate. In the robing room hangs a Dor
trait of Chief Justice Jay, attired in a robe
with scarlet facings. Such gaudy euuIp-
ment has not been seen in the court room
within the memory of this generation at
least. There is no reason In the world
except personal taste, though which should
keep Mr.. Fuller from wearing a robe of