The Washington times., 1904-05-21
SUPREME COURT
DOES HARD WORK
UnitedStateS JuSticeSLabOr
Day and Night.
SEVERE MENTAL STRAIN
Constant Application Necessarily Given
to Numerous Complicated Cases.
Many Hours of Thought.
SEVERE MENTAL STRAIN

In a burst of enthusiasm President
Roosevelt some time ago declared that
only two classes of people work all the
time-newspaper men and the President
of the United States.
While subscribing entirely TO that SEN
timent. IL is eminently fair to add an
other class to the divisions 50 aptly re-
ferred to by the Chief Magistrate. says
the Detroit Free Press" This class
includes the Justices of the Supreme
Court Of the United States.
For the most part composed of men
past middle age, II is really marvellous
what a tremendous amount OF work
is required of them. so much 50 that
few people, not excluding lawyers, have
any adequate idea Of the true character
of the labors they perform. The popu-
lar impression Is that a seat on the
Supreme Bench is one which carries
great honor. but with this honor comes
the hardest kind of mental labor. such as
no other Judge or lawyer. no matter
what the character of his practice may
be- is called upon TO perform.
Method Of Procedure.
Numerous erroneous impressions have
gotten aboard respecting the method Of
procedure followed by the highest tri-
bunal I'm this country in the decision Of
cases. Among other things some of the
habitues Of the court room ascribe to
themselves what they call the lnack Of
being able to determine in advance which
way a case will be decided. 1t is hardly
necessary to say that they are abso-
lutely wide of the mark
Most of them assert that the lawyer
who happens TO be asked the most ques-
lions is sure to lose his case The fall
lacy CT this is apparent when it IS known
that cases heard are not discussed until
days after, when the personalities Of the
counsel engaged and even most Of the
details OF the arguments have been for
gotten.
What the members of the court are
most concerned with. when listening TO
arguments, is to obtain an accurate
statement of facts. which accounts for
most OF the questions asked. in order
that they may grasp the principle that
applies.
Consideration of Cases.
When in session cases are heard every
day but Saturday. and on this day the
members of the court get together to
discuss and decide cases that have been
heard. They are taken up. one after the
other. the justices in the meantime hav-
ing familiarized themselves with the va
rious briefs. In large number Of cases
the principle involved is plain, and a
unanimous decision Is easily reached.
As fast as a case IS decided 1t is passed
and no more attention paid 10 1t for the
moment. The more difficult cases Of
course. consume a great deal of time
They are argued at great length. the
Justices expressing themselves with
great freedom, and very often cases are
taken up for weeks before six judges be-
come Of one mind. that number being re-
Quired to decide a case. In the event OF
a divided opinion Il does not matter. as
far as the merits Of the case are con-
cerned, what the views Of the minority
may be, though II not infrequently hap
pens that the opinion delivered BY the
minority IS the ADLER effort.
Writing of Opinions.
About O'Clock every Saturday even
ing n messenger brings 10 the home of
each justice a small white envelope from
the Chief Justice. containing a card. on
which IS written the numbers of the
cases assigned TO him for the writing Of
the opinion. This is the first knowledge
that a justice has Of the opinions that
he has to prepare. The rest might seem
easy. but It is really only the beginning
Of nights OF constant application, many
of the cases requiring the deepest
thought and almost endless research be-
fore they become finished products
As soon as a justice concludes the
writing of opinion II is sent 10 the
printer and nine copies are made, one
for each member Of the court They
are printed on paper with very wide
margins. so as 10 provide plenty Of room
a n no -
the other justices. These corrections
are often very extensive. going 80 far
as 10 suggest changes in the language
used or the development Of some par
ticular point that may strike one OF the
justices as essential
These corrected copies are then re-
turned 10 the justice who wrote the
original opinion. Such amendments as
he desires 70 accept are marked. and the
opinion goes back to the printer for a
revised proof. When this IS ready II
comes before the court again at the
nearest weekly session. where n As gone
over and the final draft OF the oDiDIon
as IL Is delivered In court is decided on
Must Work Nights.
Thus It VIII be seen that a justice Is
not only concerned with working on the
opinions that he himself has To write
going over the opinions Of the other
justices, so that a large number Of
cases are always claiming his attention
With this immense amount OF labor i'm,
posed upon them, all OF the Justices are
obliged 20 work practically every even
Ing at home. Justice Day, the newest
member Of the court. recently said thar
he found the work much more difficult
on the Supreme bench than on the cir
cult. and that II was absolutely neces-
sary Tor him to work every evening I'm
order TO keep up with the cases.
MOST lawyers are greatly concerned
over the question as to whether II beoe.
hts them 10 urge a case before the
court instead or simply submitting tho
case on briefs The consensus OF orIn-
Ion among justices is that II f. rnuc,
better for lawyers 10 supplement tne,r
Drieis with an oral argument In 60
they are anxious for lawyers 10 arr,..r.
DeIore the court, as IN this wav no,
4le enabled 10 get firm CRASH of ~
lacts' ana II Is then not so difficIIt -
get at the correct principle RovernI,'e
tne case The justices approach as
WIN absolutely no bias. and decide
them with no other interest than To az
rive at correct solution OF the mate.