New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-21
JrsTIcE IAcKsoN PRESENT.

When the black-gow members OF the Court
filed In AT the stroke of Y o'clock there was
mu~rnur ~ surprise The last man in the sol mn
procession WAS Associate Justice Jackson. who
was supposed 20 be absent from Washington.
and whose unexpected return this morning IS
said t. have been surprise even 10 some mem
hrr- ~ the Court. tn" reason for his presence
WAS disclosed later. when he read in tones mat
were lnauGibc at the distance II a few feet an
opinion dissenting from the judgment Of the ma
iorlty ~ the Court. Gossip Gays that his views
were known to at least one member OF the Court
who WAS in favor Of sustaining the law prior t
th. "indccsive decision II April :. and that tn
rohearlrg hingcd upon In" expectation that MS
presence would give the preponGerancc OF OPP non
10 that side. The contrary result was undoubtedly
q disappointment To- the members of the Court
vho believed that the law was consttuii )nal
and some trace Of that feeling seemed t. appear
while Associate Justiec Harlan was delivering his
dissenting opinion to-day
And yet. all things considered. II would sem
AS though the result should rot have surprised
however much IT might have disappointed. those
members ~ the Court whose opinion was strong
that the law was constitutional ana ought To De
sustained There Is good reason To believe tha'
Associate .Justic. shiras domurrcl from the be-
,he decree pronounced on April was based.
and that he d!d not regard either his own con-
cIuslons or the imperfect Judgment OF the Court
40 nna, or decisive II layman could venture
an opnion after hearing the decision Of the Cour
IA ,ol,,. I, MIGHT be t. the effect that more
,horough study and exhaustive research hal be IN
,,,,,o, un,n the ease since April than before
,ha, ,inc rh, Chief Justice reads with rapid.
,,ouc, distinct u,torancc. and although there
mae rot an lnstani's pause I'm his delivery to-
a,, tho reading of the opinion occupied exactly
o,,,oro minutes lie began as soon as the Court
,,o, ,ormally opcncd. and from that time until
,ho lao, word of the dcci lion had been pro-
rounccd he was listened to with the closest and
most earnest attention.
LISTENING TO THE CHIEF JUSTICE
II is true however. that Associate Justice tiar-
IA, who WAS deeply attentive showed slight
signs Of restivcness II no, impat!erce as the
reading proceeded. and that there was an oc-
c,sional raising Of eyebrows or o'her manitesta-
,io, of surprise 10y the counsel on behalf OF the
covernmeit The venerable Associate Justice
rield who to-day completed his thirty-se'ohu
- , .arv,co as a member OF the Court. and
vho had come In leaning heavily on a cane
,'., hack I'm his char contentedy. and the
co, h.slde him. beamed with approval The f'a'-
,,r,s of Associate Justice Shiras. whose left-hand
,o,gbhor was Associate Justice White. were
orn,Iv set and he evidently realized the weight
-, r.sponsiblty that rested on him Associate
1us,,c. Jackson. who appeared to be so"i@""a'
- ,.hl. than when he came TO washington
and took his place on the bench fortnight ago
us,ared attentivey II the decision of the Court
49, :, was reed by the Chief Justice pu' lie
oftcn nervously fingered the pages or the as
n,ing opinion which lay before him. ana HIS
,.o., ,,ances occasionally swept over the court
room. o,.., TIM,
M sooner had the Chief Justice hnisheu 'ia'
,ssociate Justice Harlan who sat at MS 'ei''
,aoned forward and began TO read III HIS ueep'
a,ron, resonant voice dissenting opinion AS
,s nroceeded his tones grew louder ana MS Sell
tences were emphasized by gestures SUI" q" on
advocate In his earnestness frequently en'p'o''
4, an argument before a court or jury. oeVei"'
times he turned in his chair to face the Cn'et