The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-03
IN HIGHEST COURT
Justice Graves Gives Details Of
Its Business.
Tells How Cases Are Considered
and Presented.
IT'S A BUSY TRIBUNAL.
Must Dispose of 10 Cases a
Month to Keep Up.
Name of Judge Assigned to
Write Opinion Kept Secret.

on January l, 1906, there were on the
docket of the Kansas supreme court $50
cases waiting for consideration.
At the present rate, about 455 new
cases are fled in that court every year.
As the court sits ten months out of
each year. it must dispose Of IS cases
a month to keep up with its work. It
is now eight and one-half months be-
hind; that is, a case fled now will not
be given a hearing until 81 working
months have elapsed. Lawyers are sat
isfied with this for they need about that
time to prepare their briefs.
AS there are seven justices on the SUI
preme court it is necessary that each
justice write six or seven opinions each
month. In addition to that, he must in
vestigate the 40 other cases. AS one
week out of each month is spent by
the justices in hearing oral arguments,
it is evident that they must put in their
time with considerable industry to dis
pose OF the decisions during the remain
ing three weeks
How the Supreme Court Considers
cases, is a topic which Justice Charles
3. Graves, the junior justice on the
bench, discussed at the bar association
meeting this week. His paper is of in
| terest to layInen as well as lawyers. But
as matter OF fact, it is likely that
I =
familiar with the way the supreme
court gets through its business.
There is no secret about how the SUI
prefne court considers its business. The
only thing kept secret are the name of a
justice who is assigned to write the
opinion in a case. and the decision of
that case, until the opinions are finally
handed down on the first Saturday in
each month.
Each month the clerk of the supreme
court makes up a docket of cases. and
distributes it to justices and attorneys.
60 days in advance of the hearing of
the cases set. The following is Justice
Graves description of the way the court
proceeds to examine the cases:
Cases Assigned by Chance.
When the cases for any month have
| been submitted the chief Justice as
signs them, alternately, beginning with
the first case on the docket, and with
the next justice after the one who re-
ceived the last case at the former as
signment, and continues in that man
ner until the docket is exhausted In
this way the cases are distributed with
out favor or design; neither the chief
Justice nor any OF the associate justices
can know in advance. the cases which
/ he viii receive. Each Justice is expected
TO prepare opinions in cases assigned to
him. and he receives the record of such
cases from the clerk upon the order of
assignment made by the chief justice.
Vote by Roll Call.
Upon the next Wednesday after the
close OF the presentation of cases. the
| justices meet in the chambers of the
| junior member to consult concerngn
and decide the cases which have been
assigned to him. He is expected to have
examined the briefs and record in each
case, and to be able to state fully the
! legal questions involved in the contro-
versy. The other justices are expected
1 to have examined the briefs, and to be
familiar with the case as disclosed
/ thereby. If the statement made by the
/ justice who has examined the record
! is in every way the same as shown by
/ the briefs. it is assumed to be correct.
and the questions are then discussed
and decided. The justice in whose
| chamber the consultation is held, pre-
sides during the deliberati ons. After
/ a case has been satisfactorily discussed
/ the chairman calls the roll, beginning
with the youngest member other than
himself. and each in turn announces
| his judgment as to the decision, the
| chairman voting last.
IF for any reason the justice is not
/ prepared to present all of his cases,
the consultation is deferred to suit his
convenience. When the work is COM
pleted, the chambers of the next justice
in order of seniority is visited, ending
with the chief justice. When a case is
! decided, if it is in any way peculiar,
the general manner of dealing with the
| opinion is sometimes decided, but as a
rule. each Justice states the decision
made in his own. way, both IN syllabus
and opinion.
Pass the Opinions Around.
sWhen any Justice has completed an
opinion he hands it to the justice next
below him in seniority, except in the
case of the youngest member, who com
pletes the circle by delivering to the
chief justice, and in this way the opin-
ion returns to the writer To the opin-
ion is attached a blank slip, upon which
each justice signs his name as evidence
that it has passed through his hands.
He is supposed to carefully read the
syllabus and opinion, and note on the
paper attached any criticism or sug-
gestion of change deemed proper.
When the opinion returns to the writer
he is able to see what each of the other
justices think of it. If the notations
meet with his approval, he makes the
amendments accordingly; II not, ne catls
the matter to the attention of the court,
when it meets to finally approve and
file the decisions ard the controversy
is there settled, unless for want OF time
the matter is postponed for further con-
siceration.
The Final verdict.
ION Saturday after the presentation
of cases for that month has been COM
pleted, the justices meet in the cham
/ bers of the chief Justice. each bringing
| his opinions for final disposition. Be
; | ginning with the Junior justice each
4 mem Der announces his cases by title
ana number. stating the result It is
then handed to the justice next IN
seniority to the chief justice. and if it
appears to have been examined by all
r the justices, and no objections are
, made it is handed to the CHIEF Justice,
: and then for the first time becomes the
final decision of the court.
LAS q. rule, the justice who prepares
F an opinion examines the record and
briefs and discusses the questions upon
I which the decision rests, ana tnen
briefly mentions such other points dis
cussed by counsel. Is the case seems to
require, and time viii permit. In the
: treatment OF questions not really neces-
sary to the decfson care is taken to
( avoid, the statement of dictunl which