The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-02-04
HIGHEST COURT Of
UNITED STATES
And Something Of Men Who
Sit on Benches
JUDGE LURTON'S POSITION
Sits at Foot of Rank According to the
Strict Rule of Priority-Rule Is OBJ
served Rigidly In All Circles
at Washington. af
JUDGE LURTON'S POSITION

| SS'NSd W ~ SltNiSS
at Washington. af
II
From the Brooklyn Eagle.
1t is one minute to IL, noon, and a
handful of visitors, with an old-timer or
two, have lined up to witness the solemn
ceremony which takes place each day in
the long corridor running from the Sem
ate to the House. There is no end of
pompous dignity with a touch of the
atrical mystery to the opening of the SUI
preme court of the United States.
The hour of u strikes, and lo A ma
hogany door flies open and nine black
robed. stately figures are seen. The at
tendants stretch velvet covered rope
across the corridor to hold back the ir-
reverent who would break up the line,
and the procession starts. Slowly and SOL
EMMY 1t moves across the corridor and
into the ante-room of the supreme court
chamber. The slender figure of the chief
justice leads and then follow the judges
in the order of seniority. There is a great
craning of necks TO see Judge Lurton,
the baby of the court.
"Oh, what a little man." disappointedly
exclaimed a woman lin fur coat. II
Thought from HIS picture he was big
man. Why. he's no taller than Justice
Day"
An instant later the chief justice APP
pears at the door of the courtroom The
crier rises and raps ON the table. Every
body stands. In loud, firm voice the
crier Announces:
His honor, the chief Justice, and the
honorable associate justices of the su-
preme court of the United states" rs
There is subdued hush and every
eye Is turned to the door, The nine
black -robed figures, with funeral
tread, glide out from the open door and
pass the row OF pillars back of the
benches Then as though at a signal
| from the stage manager they appear
at the spaces between the pillars and
solemnly gain their seats. Every head
simultaneously bow their heads, first
to the lawyers within the railing and
then to the crowd outside Then as
one man they sink into their seats.
And this is how the seats are ar
|
die with four associates on either hand.
On his immediate right sits the judge
who has been longest in service. The
rule of official precedence obtains
everywhere In Washington. Many a
hostess has ruined a dinner by giving
/ the seat of honor to a sena tor when
Justice of tn e supreme court was pres
ent. Diplomats have abruptly left So
cial functions because of violations Of
the rule of precedence. The same law
is rigidly observed in the supreme court
room. Justice Harlan is the veteran Of
the court and sits at the right hand of
the chief Justice. On the left is Justice
Brewer; then Justice Holmes and
Moody. Next to Justice Brewer sit In
the order named, Justices McKenna,
| Day and Lurton.
| The death Of Justice Peckham neces-
STATED a Encouragement of the seats
Of four Judges. Justice Moody moved
over to the favored right hand side Of
the chief justice, and so did Justice
Holmes. Justices Day and McKenna
each moved up peg in the order of
precedence.
Justice Lurton occupies the end seat
on the extreme left, which is the point
at which all justices commence their
/ service on the supreme bench. Justice
/ Lurton established two precedents. He
swore to his oath of office on little,
! badly -thumbed Bible which he brought
from his home in TENNESSEE. being the
first justice since John MarshalPs time
not to kiss the ancient document kept
by the clerk for this purpose.
Judge Lurton established a second
precedent when he failed to give an or
der for silk judicial gown to the
| ubo fba f,Iat
He brought along the garment he wore
on the circuit bench and donned 1t as
he stood to receive the oath. His robe
differs only slightly from those worn by
| the other Judges, and the chances are
the newcomer will stick to it until 1t Is
ragged. Then he will give an order
| for q new gown TO a little woman liv-
| ing not a stones throw from the cap
itol, who has been making these gar
lnents for the past five years. She
learned the art from old Mrs. WeiAiell.
who. for 40 years, was the. official
seamstress for the United States su-
preme court. During that long period
she made all the judicial gowns for tn Q
members of the court. Fer price for all
was the same. 500, and she paid no at
tention to the rise and fall in the
cost OF silk due to tariff changes.
Justice Lurton, reclining in the luxu-
rious depths or deep, tufted leather
supreme court chair, gives the impress
sion of a physical giant. He has a
| large head and broad shoulders. The
! Illusion Of height Is dispelled when he
stands. He is probably not more than
| 5 feet inches tall. His features are
not unlike those of Senator ,Aldrich.
| His hair is gray and no is his mus
| tache. A broad forehead and a square
| chin tell OF strength Of character. Judge
Lurton's eyes are gray and mild. The
court attendants have already marked
certain mannerisms In the newcomer
| His favorite pose Is to pillow his left
arm ION the cushion of his chair and
with the forefinger Of his left hand
| trace imaginary lines on his forehead
He is the only Justice habitually to
wear glasses.
| Chief Justice Fuller is the persona
fcation OF dignity. He exudes it from
every pore. The tongue of levity is
hushed in his presence. He walks with
the elaboration Of an old Roman senator.
Nothing hurries him and nothing disturbs
| him. The chief Justice is little man in
stature. He Is no taller than Lurton and
| his legs are SO short that he has to prop
his feet up with stool in order to rest
easily in his chair of state. Old court at
tendants say he forms striking con-
.trast to the two men who preceded him.
Salmon p. Chase was six feet tall and
| Morrison r. Waite weighed more than
| 200 pounds, and his every motion was
heavy and dignifed. They say that next
| to writing q. mastery decision the chief
| iusffce takes more pride in hfa h q ir tho N,