Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1908-12-04
Americas, Ga, Dec. 4th, 1908.
JUSTICE HARLAN on THE ST.
PREME COURT.

PRIME COURT.
If Justice Harlan speaks for the
other members of the Supreme Court
the next President may not have the
pleasure Of appointing four or five
members of that body after all. not,
at least, unless death comes to his as
sistance Justice Harlan says he has
the best of health, despite his advanc-
ed age. and has no idea of resigning.
He has not discovered, either, that any
of his colleagues have such a thing in
view.
Justice Harlan is the oldest mem
Der Of the Court, in point of service,
having served for thirty one years on
December 10. During those many
years he says he has never known the
Court to be influenced in its decision
by popular feeling, or by any desire
to cater to the sentiment of the hour.
In sense this may be a defence Of
the Court from the recent charge that
it has been influenced in its decisions
affecting the statue of the negro by
the changed public sentiment. In his
interview, which is of more than pass
ing interest, Justice Harlan tells as
follows of the methods used by the
greatest judicial body in the world in
reaching and expressing its conclus-
ions:
There is no secret about the mode
of procedure in the Supreme Court.
The Chief Justice of the Court assigns
the cases to different Justices for
opinions. He does so without consul
tation with anybody and the reasons
which operated upon him in assigning
cases for opinions are known only to
himself. He can take any case he
wishes for opinion, and then the bal
ance are assigned to other Justices
who happen to be in the majority on
the respective cases.
When | first took my seat on the
bench the opinions were prepared by
the Judges in manuscript and read in
conference before they were announc-
ed. When thus read they were the
subject of criticism by the other Judg-
es, so that when the opinion came ont
it was the opinion of the Court. Now
the mode of business has been
changed
The Judge to whom the case is as
signed writes the opinion as he thinks
it ought to be written, and prints it,
placing in the hands of each of the
Justices a printed copy Each Judge
then examines the opinion, and ap-
proves or disapproyes of it. He also,
if he deems it proper or necessary,
will criticise the opinion. suggesting
changes of words or adding some
thing additional
The opinions thus criticised are
sent back to the Judge who is to rep
resent the Court, and he adopts such
suggestions as seem to him proper. If
he is not willing to strike out any
part of the opinion as prepared by
him, it is submitted to the Justices in
conference, and they decide the mat
ter finally, so that the opinion when
it comes out can be regarded as the
opinion of the Court, and in the form
that the majority wish it to be.
1.-THE Judge who dissents is in a
measure a law to himself. He alone
determines what shall go in the DIS
senting opinion. The dissenting opin-
ion is filed along with the opinion as
a part of the records of the Court and
they are published by the Reporter
along with the Courts opinion.
Whether a Judge shall dissent or not
is for him alone to determine, and it
is for him alone to determine what
shall be the opinion of the dissenting
opinion He alone is responsible for
what he says"
Asked if the Supreme Court ever
reverses itself, Judge Harlan said:
1T rarely ever, in term, reverses a
former Judgment, though often later
opinion will be taken, and properly so.
as a modification of what the Court
may have said in previous case. |
do not just now recall any case in
which the Court has expressly over
ruled a former case.
II have no reason to think that. any
decision ever rendered by the Court
was in Difference to any public senti-
menU which prevails in any part of
the country The Court has often di-
vided on constitutional questions, but
/ do not remember any instance just
now when they have divided on polit-
ical lines There is no ground to say
that the Court so rendered any decis-
ion except one in accordance with its
Judgment as to the law of the case.
Speaking of politics in its general
sense the Republicans on the bench
are Justices Brewer, Holmes, Day.
Moody, McKenna and myself, The
Democrats. that is. those who were
such when they took their seats on
the bench, are the Chief Justice and
Justices White and Peckham.
THE Chief Justice is IS, am o..
Justice Brewer is n, Justice Peck
ham is 10, Holmes is 67, White is 81,
McKenna is 62, Day is so and Moody
is "a.
4 have no reason to think that any
Judge on the bench contemplates re-
tirement in the near future They are
all in the enjoyment of fair health
and are fond of their work. =