Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-09-25
CUSTOM, RULE HILH COURT
Few Variations from the Days Of
John Marshall.
DIGNITY A JEALOUS MISTRESS
Possibility Of Newcomers ImprovinE
Things - Anecdotes illuminate
the ways Of the Nations
Highest Tribunal.

Governor Hughes will improve things"
predicted one Of his friends who had seen
him revolutonize affairs at Albany. when
the announcement came that he had ac-
cepted appointment to the bench Of the
supreme court of the United States
II is a big job-the one this friend as
signed to Mr.. Hughes
Things are done at the supreme court
today just about the same way they we're
done in the days Of John Marshall. There
are a few variations, hut they ave only
skin deep; the roots are undisturked The
customs Of the fathers are the customs Of.
the sons.
one reason for this is that It is not con-
sidered dignified to adopt innovations. Dig
nifty Is the principal stock-in-trade Of the
supreme court. Nothing else is quite so
close to it's heart II accounts for a multi
tude OF oddities-some people call them sins.
For instance, dignity is responsible for the
long, black robes that enshroud the justices
as they appear on the bench This jealous
mistress, Dignity, has kept the court at
work for years in q niche in the wall be-
tween the house and the senate. quarters
more suitable for the pages of the senate
| all because dignity prevents the court
from suggesting. to congress the need of a
suitable building.
Dignity sometimes may gall the slave,
but IL seldom lessons his devotion One
member of the present court. 1t Is said
had a secretary, who, one evening while
out on an errand for the justice sue
cumbed to the temptation to step into what
in Washington is called buffet back
| home they call II saloon" He became
alarmed lest his new employer might detect
the tell tale odor on his breath. and upon
! I,a. Il
laying all the blame upon the friend who
was particeps criminis.
LOnRed for Horizontal Drink.
/ Promptly the justice absolved him. There
was world of envy in his tone, as he
said:
My boy, how much wouldn't l give for
just one more horizontal drink"
For the dignity OF the bench forblds a
justice TO appear before any bar.
Governor Hughes will find that dignity
has beset with an ENHANCEMENT of custom
the path that he must tread In the cramped
| quarters of the court. he will be compelled
! to hunt around to find a place to sit with
out smashing some ancient rule. Such
things will govern his course in the court
room, and in the conference room. They
will pursue him to mis- nome. They will
season his food and overshadow him even
| while he sleeps.
1t will be necessary for him. first to sub
scribe to the robing custom. This will levy
tribute OF about 800 upon him right al
the start The rule is for about twenty
yards OF silk satin. TO be slowed away
in tucks and Fuckers In these gowns oil
black. For more than fifty years one
humble seamstress made all the gowns for
the court. She Is dead now. and a new
seamstress does the work. She, too, will
probably die in the service The robes are
j constructed like the present constitutions
5 interpretations OF the court, upon the opin.
ions of John Marshall. That learned che
justice did not quite approve of the scarlet
! lined robe worn by Chief Justice jay, and
hence today the robes follow the fashion
OF the great" chief Justice not that of Jay
, Justice Holmes had introduced some slight
variations In the style. IFS is high in th'
back and fastens in front a the neck witt
a braid. Justice Gray established a pre-
cedent when he was on the bench IL,
, never wore coat beneath his robe. Similar
little variations Justice Hughes may make
but the margin for individual taste is mar
row.