The commonwealth. (Scotland Neck, N.C.) 1896-1929, 1897-02-11
Sap: ,as Court D ecis;:33aa::.


Nrw York: Dispatch.
Justice Harlan, OF the Supreme
Court IF the United State, at IA banquet
in Cincinnati, Ohio. gave the follow
ing interesting account OF the method
pursued by that body IN deciding cases
before it:
ain my intercourse with the men,
bers of the bar / fond to my great
surprise that the impression prevails
with some that cases, after being sub
mltted, are divided among the judges,
and that the court bases its judgment
IN each one wholly upon the report
made by some judge to whom that
case has been assigned for examination,
and report. have met with lawyers
who actually believe that the opinion
was written before the case was decided
IN conference, and that the only men,
Der of the court who fully examined
the record and briefs was the one who
prepared the opinion.
"It is my duty to say that the bust
ness In our court Is not conducted IN
any such mode. Each justice is fur
nished with printed copy Of the rec
ord, and with copy of each brief filed :,
and each one examines the records and
briefs at his chambers before the case is
taken up for consideration. The cases
are thoroughly discussed in conference
the discussion In some being necessa-
rily more extended than In Others.
The discussion being concluded-and
It is never concluded until each men,
her of the court has said all that he
desires to say-the roll is called, and
each justice present and participating
in the decision votes to affirm, reverse,
or modify, as his examination and re-
Fiction suggest. The chief justice,
after the conference. and without con-
sulting his brethren, distributes the
cases so decided for opinions. No JUS
tice knows, at the time he votes in a
particular case, that he will be asked to
become the organ of the court in that
case nor does any member of the court
ask that particular case be assigned
to him.
'The next step is the preparation OF
the opinion by the justice to whom it
has been assigned. The opinion, when
prepared, is privately printed and a
copy placed in the hands of each men,
Der of the court for examination and
criticism. 1t is examined by each JUS
tlce, and returned to the author, with
such criticisms and objections as are
deemed necessary. If these objections
are of serious kind, affecting the gen.
eral trend of the opinion, the writer
calls the attention OF the justice to
them, and they are sustained or over
ruled, as the majority may determine.
The opinion Is reprinted so as to ex-
press the final conclusions of the court
and is then filed.
"Thus, you will observe, not only is
the utmost care taken to make the
opinion express the views of the court
but that the final judgment rests, in
every case decided, upon the examina
ton by each member of the court Of
the record and briefs. Let me say that
during my entire service in the Su'
preme Court, have not known single
instance in which the court has deter
mined a case merely upon the report o.
one or more justices as to what was
Intained In the record and as to what
questions were properly presented by it
When you find an opinion of the court
on file and published, the profession
have the right to take 1t as expressing
the deliberate views of the court, basec
upon careful examination of the rec
ords and briefs by each justice partici
plting in the judgment"