The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-06-05
MANr p1ssrNrINa orIrroNa.
On an RncrsaslnE Practice in the
UHItea states HaprsHs Court

StNnHaeRN@ N ~ unCrenetnE EthGtNCD N Nub
Ualted States aaprsHe Court
WARRINGTON, June AT the close Of the
present century, the Supreme Court Of the Unit
cd States will be practically up with lite docket.
AT the beginning Of tho term Just closed. octo'
Der. 1897, there were 1888 cases on the docket;
during the term SOP were filed with tho clerk,
and 372 disposed OF, lea wing S19 to DO carried
over to next term. OF these tho court has
heard and has under sdvisement thlrty-four
cssee. AM >nR those are only three Of general
Interest or Observation-Disclosures Va. the State
or Virginia, involving tho validity Of the read
tustmont Of the debt of that State, and those Of
the JOHN Traflc Association and Kansas City
Stock Yards, both Of which organizations, 1t is
charged, exist In violation OF the Antitrust
law.
A largo proportion Of the cases now being
hled In tho court arc petitions for writs OF crr-
%tiorari, which, while often involving the cXamin-
alton OF voluminous records, do not necossitate
the preparation Of opinions. They form a new
class Of cases arising under the Court Of Appeals
act OF 1891. In tho recent term SO venty seven
applications of this nature were filed, of which
forty.eight were denied. twenty.seven granted,
and two remain undisposed of.
The records Of the term show an unusual pro.
portion OF dissenting opinions by minority
members. In fact, it has become the exception
Lor inc court TO render q unanimous opinion
OF, general comment among members Of the bar,
who do not hesitate TO express their regret at
the fact; Older practitioners at the bar, who
philosophiEe on the subject, are inclined to at
tribute the practice, which, they say, not only
multiplies books without qualification or use,
put also tends to wenken the respect OF tho
work.
In the oldon days. when the Justices were
compelled to write their opinions themselves,
FORMAL dlssents, further than an occasional, an
nounoement of the fact that one OF the Justices
could not agree with his brethren. were almost
UNKNOWN. Now that each of them Is provided
With q ctenographer and typewriter, the in
to magnify and elaborate definite
E = tno into Dissenting opinions is evident.
9eys that Congress- prohibit 1.-THE the pSabiication Of
Of the pleasure of seeing their views in print,
tne temptation or the desire to express them
VIII disappear. these critics say.
Another effect OF the dissenting habit is to
increase the number Of petit ons for the re-
hearing OF cases already decided. Especially
mas this been the case since the court reversed
encouraged. to believe that upon further and
possibly fuller presentation of thecase a rever-
sal may be had in their interest, when the
grove. Last Tuesday, when the court ad.
dozen were presented-sn unprecedented num-
per. But on this occasion the bar was further
invited to this course by the direct suggestion
OF the court itself. Announcing the opinion of
the court in q case involving title 10 half q
million acres Of land in West Virginia, Mr..
Justice Harlan stated in effect that the court
was not thoroughly satisfied with its decision,
and OF its motion would stay the issue OF the
mandate sixty days in order that counsel for the
II not satisfied with the argument and conclu-
slons OF the court, move for u rehearing of the
case. such a suggestion was never before made
Oldest momber of the bar present.