New-York tribune., 1901-03-19
THE INsULAR TEST SUITS.
,,,r7sIoN OF THE SUPREME COURT
EAGERLY AWAITED.

---rrF GROWING THAT THE OPINION WILL. NOT
. PrADY BEFORE THE END OF THE TERM.
.xn PROBABLY NOT BEFORE OCTOBER
Try TELEGRAPH To TEE TRIBUHEl
-rosh,nrton March ls-At the opening Of the
enc court today Chief Justice Fuller an
s',cad that. beginning next Monday the
-, vy,auld take a recess for two weeks This
as,ersliy supposed to mean that shortly after
,,srcb - the court viii begin the formal con
as.,o,ior Of the insular test suits. brought to
- down the governments colonial policy. the
Is and arguments in which were submitted
.,,, r,vo months ago. So eager is the popular
.st in the final outcome Of this litigation
so widespread is the nelief that on a Mon
a.. which is decision day. the court is going TO
sor lis opinion, that the Supreme Court
..,hsr was crowded again to-day with law
,.,s and a miscellaneous throng Of spectators,
- has been nearly every Monday since the
,r,enrs in the cases were closed by Attor-
=, General Griggs and eK-Secretary John G.
,.ri;sls for and against the government re-
spectively.
-, as trustworthy authority as is obtainahle.
,.,-arsr IL cen he said that tho court has not
=, reached the preliminary stage Of its final
...s,5eration Of the cases, and for this reason
-, heief is Spreading in wen informed circles
.h., the decision win not he ready for announce
-, l,efrr= the end OF the term. which is the
oslA al May. and. as heretofore intimated by
r4s Tribune. probably not until the court re-
.ssaores next October. after its long summer
-,,sss one Of the highest officials in Wash
.-.,or said to-day that he did not look for the
ss,is,on before October. and based his opinion
:, what he knows Of the courts methods in all
important cases
HOW DECISIONS ARE FORMULATED
The first stage in the process Of formulating
decision is for the Chief Justice and the eight
associate justices TO meet in conference. and
otter free and fuH exchange Of views select
soroA member of the court 10 block out the first
s,ss Of the decision. Ordinarily the justice 10
whom this duty Is assigned requires a month or
,oore 70 sift the chan from the grain Of argu-
rnent and. havnS accomplished this 10 his own
ss,isfactiou nearly as much time is required in
which 10 formulate his own opinion and reduce
=, - writing In a case Of such magnitude and
-rsnscendent irlportanoe-in point Of fact, there
are eight or ten of these cases. every one Of
which has ar core the same constitutional point.
fut the details Of no two of which are exactly
slnke-it is reasonable to suppose that more time
VIII be consumed in the preliminary stage Of
arriving ar a decision. The justice who writes
the first draft of the decision has galley proofs
~ il struck off for the convenience Of his as
socsteS When what the court officials call the
galley rroof stage has thus been completed,
another conference of the justices is called and
The galley proof opinion is distributed. Discus
sion Of the opinion in that form 10y the fun
bench may or may not then ensue. II is prob
able that each justice VIII carry this galley proof
opinion to his own study for more careful in
vsstigaiion than 1t may be convenient 10 give IL
in conference When the Chief Justice learns
that his associates are ready for another confer
enca he csTTs # and then the galley proof deci-
sion as corrected and revised by each justice
90 suit his views may be multiplied into rs I.any
decisions as there are members of the court. eN-
oeptng, Of course. that the member VINO wrote
The original viii Ike no changes in it. At this
stage the really difficult work Of the process OF
forming The final opinion begins if there IS 10
be a divided court, that fact then becomes pat
ent end the completion Of the TASK is stitl
further delayed by the necessity of the dis
sentsTs or tha minority going through identicaliy
The same process OF designating one 81 their
number 70 prepare a galley proof opinion for
their invest ga Jion, correction md revision
as 70 meet 10 = nicely the views Of each Of the
minority M the mean urne the majority are
lsboring 10 produce from their work a revision
on. the original galley proof opinion a deliver
ance that IN principles and phraSeOiogy ac-
cuTatey sets forth the opinion Of each Of their
number.
GOVERNMENT ANXIOUS FOR A DECISION.
IT, therefore. there is { divided court-and al
most everybody in Washington thinks there viii
he-it is easy 10 understand that a great deal
more time than now separates the term from its
close in May viii be required for the justices 70
arrive at their hnai decision. Al he same me, II
IS conceded as a probability thar the court may
ofcae each Of the eight or ten cases separately
oh some one or more OF the minor principles n
vowed leaving the great constitutional ques-
uyis untouched. IN that event IL No'ul nNt
Oily be possible for The court 10 dispose q all
OF part Of them by the end Of the term. in
May, bun also 10 do 50 when II reassem 5les
slier us recess of two weeks, beginning March
- hoMetef an TIE ofhceis 81 the govern
NeAt, and Particularly Acknowledgement GrigSs,
are extremely anxious for the court 10 decide
one or ell cf the cases strictly on the constitu-
Loaai Issues involved, 50 that there may speed
lF o. an cuG Of al such litigation, for. in Is
pehled out, until ihis II done the government
VIII teel that in is on uncertain, though not
stas~e, ground in carrying ont us present colo
Aial policy, and so long IS there As danger Of It'll
salcA THIS policy viii be more or less hampered
ana remain in q state OF arrested development
nhill Congress knows by the plain and unequivo-
i5anoate "a Ilanoate OF -he supreme Court what are lis
leeislatIve powers
N the final outcome the government officials
,.l--Ioe 70 express the utmost confidence
MoagA they fully realize the harmful influence
me Democratic CRY that 'the constitution fol
Tvs the flag is having in the Philippines II
neS oeen learned recently that the arguments
mace ny some Il the counsel against the gov
einhl5nt IN the PhiIfpoine and Porto RiCan
- have been translated into Spanish and
neey distributed in the Philippines among the
.-vie lhiel.geIt classes. Who has CCne this II Is
.sr nsr Ano~n, though everybody seems inclined
nA-hsiy 10 aCquit the authors OF The argG-
.sllis thus distributed Of any part in or knovl-
49, % the act The military authorities at
---'a aho The members Of the TAFT cOnlinis-
80 80 ere aware of the disQuiering effects Of these
suAents I'M the commercial and general in
,busslal circles of the Philippines and il is said
IA they are attempting 10 counteract them
- talAng attention 70 the arguments for the
ets4l4ent made by Attorney General GriEEs
N-,q soAcltor-Cieueral Richards
sSanttu t-e business men Of the Philippines learn
,naIte!y what this governments hscal policy
gMe,a the archipelago is 10 be, their activities
-. Oe nampered 20 q certain extent. and, as
49, 80 cannot know this until the supreme Court