The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-02

ings. 1t is no uncommon thing to see
the members Of the bench indulge in a
quiet laugh when occasion offers.
While there Is no body in the country
less open to prejudice or more careful to
guard its leaning dn a case from public
scrutiny, the Judges are only human, and
lawyers who practice before the court a
great deal often are able to "size up the
courts opinion from the manner in which
the Judges receive the arguments. The
day after the arguments in the celebrated
board of control case were submitted a
well known lawyer wrote out upon a
slip Of paper the way in which the court
would divide upon the question and seal
ed it. Several months later when the
decision was filed this slip was found to
be absolutely correct, although the de-
cision was a. surprise to the general pub
lie.
A greater proportion of the cases are
submitted to the supreme court in printed
form and without argument, the paper
book, as 1t is called, containing all of
the data in the case including the record
Of the lower court. Motions are argued,
and in rare instances an issue Is taken
direct to the supreme court without hav>
ing passed through any of the lower
courts, and in such cases also arguments
are heard.
When the court has determined upon
It's decision in a case one of the justices
writes the opinion in conformity with the
views Of the court. In many cases the
entire court cannot come to an agree
ment and then dissenting opinions are
fled Cases have been known in which
there were three various opinions filed.
Judge Start Keeps Things Going.
Justice Start, being chief justice, acts,
SO to speak, as stage manager Of the
HfO1rc L., %1,Er l..
great help to the court and the attorneys.
He is most business-like and systematic,
He is impatient of useless delay, and
very strict in keeping the lawyers to the
point at issue
When a lawyer shoots off on a side IS
sue Justice Start Immediately reminds
him that he is not discussing the Ques-
ton before the court. While this Is so,
he is most kindly in his attitude towards
| attorneys, and by questions and sugges-
| lions very often helps an embarrassed
lawyer over q hard place.
| While there is not a more sympathetic
| man upon the bench than Justice
Start. he is always noticeably dis
| inclined to listen to arguments upon
| general principles" righteous PROPOSE
| tons, question of Justice or human
itarian reasons" In other words, he re-
| allies that the court has only to do with
the legal phase Of the question: regard
less of how unjustly the law may be in
any particular case. He is like the late
Justice Mitchell in this respect, and mis-
| decisions are clear-cut legal documents
| not given much to side reflections.
From the questions asked by the court,
1t Is often possible to perceive in which
| direction the members lean. Justice Col
Inns Is the hardest member of the court
| to 'siZe up" He seems wholly unim-
questionable and 1t Is seldom that a
lawyer can perceive favorable symptom
or draw crumb of comfort from any
thing he says or does. He says little,
betrays no undue interest In the case
and gives no inkling of how the argu-
ments strike him. Judge Collins ia an
unusually rapid worker, and his opinions
bear the impress Of spontaneity
! Justice Lovely is the humorist of the
bench. He can never resist the tempta-