New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-07
SUPREME COURT SILENCE.
Painful InaudibiLty of the Great
Tribunal.
To the Editor OF The Tribune.

To the Editor OF The Tribune.
Sir; As lawyer practising before the United
States Supreme Court, I deprecate the neces-
sity of including in my legal equipment ear
trumpets and other cOntrivances calculated TO
assist the hearing but without them I don't
know how I can distinguish what is said from
the bench
The profound silence maintained in the cham
Der of the court is in full accord with the i'm
presstve solemnity Of that tribunal when Opin-
ions are handed down. The slightest Interrupt
ton is regarded not only as a grave breach of
decorum. but it creates CONSERVATION as well
among the interested counsel, who are straining
their ears TO catch word and then OF the
delivery OF the black robed Justices The noise
Oh the shuffing OF feet accidental clearing
or the throat or the dropping Of pin is to the
drowsy hum Of the voice of justice as the roar
OF cataract to the gentle murmur OF brook.
If it could be accomplished by such means,
1. for one. would be willing to sign monster
petition that justice hereafter be meted out
through mesaphone, and all my brethren at
the bar express themselves as anxious to have
their medicine administered in audible doses,
and thus avoid the strain on their hearing appa.-
ratus
Many important opinions were handed down
last Tuesday. and seated within the Enclosure
reserved for members of the bar were the At
torney General. the Solicitor General. the AS
sistant Attorneys General and lawyers from all
parts Of the United States. representing vast
interests before the court. They leaned forward
in their chairs as far as was consistent with
the preservation Of their equilibrium irnprovtsed
ear trumpets with their hands. fastened their
eyes on the mouth Of the justice and succeeded
IN Identifying a word occasionally, when he
made the mistake OF speaking above whisper
By carefully comparing notes at the conclusion
OF the reading Of opinion. those interested
were sometimes able TO determine whether they
had or lost.
Mr.. Justice Harlan dissented from the opinion
OF the court in the Philippine case involving the
right OF resident OF those islands to trial by
jury. and startled those present by expressing
himself clearly and distinctly in a voice that
could be heard in the Uttermost recesses OF the
small chamber. Such radical departure from
custom could only be explained by the deep
convictions OF the lurtst. who forgot himself and
the cherished traditions OF the court in his
earnestness. During the reading Of an opinion
Dy the Chief Justice, carpenter employed out
side the building carelessiy allowed a nail 10
fall. which caused a frOwn OF disapDrOvaI 10
gather on the CoUntenauces OF the court attend
ants The noise OccasOned by the fall OF the
nail plus the frOwu drowned the voice Of the
JUTist. and his words viii become known only
when the opinion is printed. Justice Day whom
Chief Justice Fuller delights 10 call The baby
Of the bench" has not served long enough TO
become thoroughly inOCUlated with the whisper
ing disease, and consequently the greater part
OF opinion delivered by him can be heard
by those who are there for that purpose. His
voice however. is distinctly lower than when
he first took his seat, and I fear that he will
not long escape the COEJagiOE. BY paying the
striCtest attention court officers can occasion
ally make out the number OF the case when
announced by Justice Brewer. but that is prac-
ticaIly all that be heard Of his opinion. and
they consider themselves particularly fortunate
If so much as that can be detected in the care
fully mOdulated -One-
Between the poor acoustic properties OF the
chamber and the disposition on the part OF the
Justices To lower the voice in accordance with
the soeuuiUy of the occasion, every lawyer in
attendance feels that in the endeavOr TO hear
opinion ne earns a large part Of his fees
Washington, D c.. June t, 1894. LEX