The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-13

| ties I'm awful array in their great high
| hacked padded chairs and most Of them
| apparently asleep. But i reflect that
| such n position with closed eyeiids Is
| conducive TO abstract attention and re-
| fection. They are pondering deeply the
| arguments of counsel, a man OF age and
| dignity who has perhaps spent months
| In preparing for this occasion. which
| to him is the high-water mark In his
prpfe Ssfonal life. Suddenly one OF the
| Judges rouses himself and makes some
remark 10 his left. IL Is evidently ire
levant to the case, for both laugh and
pass II down the line to right and left.
Il provokes comment and retort back
and forth and smiles and mods until
the whole court is engaged with itself.
while the poor lawyer, on his feet, nor
daring TO notice the inatt9htion and dis
courtesy even by a momgntary break in
his speech, plunges hopelessly on. realiz-
ing that his carefully prepared argument
Is receiving no attention. When the IT.
relevant subject Is exhausted the judges
settle back into impressive, high-browed
silence, which Is broken again and again
as they lean over and talk TO each other
right or left or call page or examine
docket. write a note. or retire TO the
ante-room. But this Is not the worst, for
Just as the clock strikes AT the very
first stroke-without even so much as
i beg pardon or May ] interrupt your
the chief justice breaks in. adjourn
court in the very midst Of the speakers
sentence, and all the judges jump up and
are off as though they were so many
iaborers in a trench throwing down their
picks at the stroke of the hour. The
Constitution insures them their of1ces
during good behavior What pity gOod
behavior had not been defined 10 include
courtesy and politeness toward the bar.
whose members. appearing before them
are officers OF the court charged with
the equal duty and dignity Of maintaining
the laws and securing Justice! why
Oh fhaY If nf Of ~
etiquette for the same court. one re-
quiring. even from the most venerable
practitioner, the utmost Difference. while
1t permits absolute rudeness from the
court2 These men of the bench are
refined gentlemen, observing the forms
and usages Of polite society, and how
such rudeness can have become the prac-
tice Of this great court Is a problem 10
n lawyer from the West where judges
are models of judicial courtesy and dig
nifty"
This very accurately describes what
takes place in the Supreme Court Of
the United States when case is under
argument. except that It exaggerates a
little the jests that are passed up and
down the lines Of the judges. There Is
not enough Of that as any one would
suppose from Mr.. Frcmonts account, to
impair the dignity and solemnity of the
surroundings. They have all the dignity
and soemnity that is called for, and
although Mr.. Fremont has described the
order of procedure with fairness, there
is nothing In 1t, as it occurs, that is at
all inconsistent with that solemnity be-
fitting tribunal of such majesty and
responsibility. And MIR Fremont Will
find out whenever he argues a case there
that the Judges learn in some way every
point that he makes in spite of their
apparent inattention at times, and If
there is any flaw in his propositions 1t
viii be pointed out to him with merciless
precision.
That is not the defect in this great
tribunal It's defect is its timidity-
ifs disposition to depart from the letter
and spirit of our Constitution that IT
is there TO defend against all attacks
and yield to the popular clamor OF the
populistlc order when they have risen
to such height as the late demand
for free silver, for instance, or for the
income tax.
If our Government ever breaks down
II will be because this tribunal, intended
10 be q citadel of the Constitution foru-
fed against every conceivable attack. Is
surrendered by those who occupy II 10
the mob that would overthrow all that
is fixed and settled and of value.