Evening star., 1894-02-17

briefs-that is to say, If the lawyers on both
sides are willing to forego the opportunity
OF arguing and place the matter before the
court in the shape of a condensed statement
with references to legal authorities, &c. Ques-
lions OF constitutional law always have
right of way ahead of anything else. APP
peals from the Court of Claims likewise are
settled as quickly as possible. The reports
or the supreme tribunal now number 100
volumes, of about $50 pages each. Fifty or
these volumes have been issued since 1850,
or one-half as many as were published dur
ing the previous century.
Every Saturday during term time the
cases which have been called for considera-
tion during the week are discussed by the
justices In secret conference. The chief
justice takes up each case in turn and starts
the talk about 1t by asking the Junior JUS
tice-that is, the justice last appointed-what
he thinks respecting it. General conversa-
ton on the subject follows, and sometimes
the argument becomes very hot. Finally
vote on the merits of the case is taken, be-
ginning with the junior and going up the
list In the order of seniority. Supposing
Peckham appointed, the order of voting
would be Peckham. Jackson. Shiras. Brown
BREWER Gray, Harlan, Field and Fuller.
The chief" as his associates call him,
voles last. The order of precedence, in this
instance inverted, is observed with the ut
most scrupulousness among the justices.
The votes are recorded in a clasped volume
provided with lock. which is known as the
locked docket" Its contents are not re-
news might be used for speculative pur-
poses.
But the voting at conference does not de-
cue the case finally. On the same night
usudily the chief assigns all of the cases
Wnlch have been thus discussed and voted
on to the associate justices for re-examina-
tlon He gives them out with reference to
me recognized specialties of the judges.
narlans specially is constitutional law.
browns forte is admiralty law, embracing
eNerytning which has to do with commerce
on the nigh seas. Field is exceptionally well
informed as to land grants and mining
Gray is an excellent all-round man. with a
marvellous memory for precedents No such
expert In patent law now lives as the late
oustice bradley He had genius for me-
chanics and could state a mechanical propo-
slt1on with lucidity that was fairly won
derful. ' O
No Courtesy Here.
Each justice goes over the case assigned
to him just if he had never seen If b.-
lore. though he has already become familiar
with 1t. He writes out his opinion respect
ing It's merits. and sends the manuscript
10 the printer Proofs are returned to him
at once. and he sends one of them to each
OF the other justices They cut it to pieces
ansring II ruthlessly, correcting it's style
shu dictlon criticising its law and even
changing the spelling and punctuation
Ihere is no such thing as Supreme Court
courtesy. No embarrassment of etiquette
opinions OF another. The late Justice
blatcntord was perfect crank on punctua-
.ioh. IN that particular. the writings of
MS colleagues never satisfied him.
Inc eight proofs. thus corrected are sent
pack To the author of the opinion He re-
vses the latter in the light of the sugges-
tons thus received. But even now it is
@ not complete On the next Saturday 1t is
taken up IN conference and again criticised
and amended. cut down or added to- OF
course, you see, the document must eventual
~ represent the united opinion of the whole
Dench. once in while, though not often
1t happens that one or more of the Judges
dlssent from the opinion of the majority
and in that case, a minority opinion will
De rendered The case is decided, ordinari-
~, IN accordance with the voting in the
original conference, but this may be re-
fersed Finally the justice who wrote the
opinion delivers the judgment of the court
by reading the document. If il is long he
reads only the 'gist' Of it, 1t Is then hand
90 over to the reporter of the tribunal who
mas charge of the publica ton of the reports
of the Supreme Court 1T annears ,bsr.. g.,
full. AL
Not an Easy Position.
Zach justice must be familiar with all
cases that are submitted to the court so as
10 be able to vote intelligently in confer
ence. This involves an enormous amount
or work The notion that the judges of
the supreme Court have an easy time is n
mistake. The annual session lasts for six
months, during which not one of the gentle
men or the black robe is ever absent for
DAY, save on account of serious illness.
rarely Is one of them late in his chair.
rive or them must be present in order TO
act once in two years each of them must
go out on duty as a circuit Judge The
United States is divided up into nine cir
cults, one of which must be covered by
each of the justices. That this duty is no
sinecure is illustrated by the instance of
Mr.. Field. whose circuit includes California
Nevada, Oregon, Arizona and Alaska II
was while on circuit that Justice Field was
attacked by the desperate Terry, husband
of Sarah Althea Hill, and narrowly es-
capped being murdered with a knife Irp to
1870 the justices had to pay all their own
expenses while on circuit; now il is other
wise. From the decision of a Supreme
Court justice acting circuit judge an ap-
peal can be taken to the Supreme Court
All the present justices had experience as
judges before they occupied places at the
Supreme bench, except Shiras, Harlan and
Fuller.
A justice of the Supreme Court gets s1O-
900 a year. The chief receives Sl0,500 The
salaries are not sufficient to maintain the
dignity suitable 10 such positions. They
do not compare favorably with the emolu-
ments of judges of high courts in England
Yet. for the sake of the honor. many a
great lawyer has been glad to sacrifice ten
times the income earned in practice at the
bar. RENE BACHE.