Omaha daily bee., 1910-11-27
ROUTINE OF THE HIGH COURT
Rules and Customs Observed by the
Court of Last Resort.
FORMAIITIEs OF THE SESSION
Means Employed 20 Prevent Advance
Information COminE from the
Printer of the De-
Cision.

Mr. J. +. Hsig. private secretary Of
Justice Brewer until the latters death, in
a paper in the New York independent
gives these details Of the routine Of the
United states supreme court:
The supreme court of the United States,
the court OF last resort and possessing the
power TO overthrow any act Of congress
by merely declaring IL to be unconsu-
tutional. is tucked away in small room
in the middle Of the capitol between the
senate and the house Of representatives.
The space within the rail reserved for
counsel is so limited that when a big
case is being argued there is barely room
for the dozen counsel at the tables It
would be difficult to find even a police
court in any city so poorly provided.
When the court is in session door
keeper guards the door to prevent the
bringing in Of a satchel or a package.
The doorkeepet occupies an easy chair,
has attached a rope to the handle Of the
door, and so is spared the exertion Of
standing from p to 4:SO p. m. and politely
opening 1t for visitors.
The court sits from October TO June.
The justices sit on a raised platform with
long bench in front Of them on which ia
laid the records, briefs and papers Of the
cases to be considered during the day.
One Of the rules Of the court is that all
records, briefs and papers in a case must
be printed. Another is that dark clothes
are required in the court room. II an attor-
ney arrives in Washington arrsyed in gay
colors he must don black before he will
be permitted to address the court.
Seniority and seats.
On either side Of the chief justice sit
four associate justices. the two eldest in
commission next to him On the stroke
Of u o'clock, when the court is not taking
recess, out of the rohing room just OPP
posite the court room starts a procession
of the black-robed justices, headed by the
chief justice. Ropes are stretched across
the hall TO keep back the curious. Az the
chief justice appears in the court room
the crier of the court raps with a gavel,
when all present rise and remain standing
until the justices have reached their sta
tons when, with a bow from the chief
Justice all are seated. During this the
crier has been calling out that the honor
able supreme court of the United States
is in session and ready TO try cases. At
torneys who desire to be admitted to the
bar of the court are openly vouched for
by well known attorneys and presented
to the court, after which they take the
oath Of allegiance. Then are heard mis-
cellaneous motions, and when all routine
business is disposed Of the call Of the cal
endar for the day proceeds. The counsel
for each side of a case are allowed a
stated time for argument, which, how
tice, II the Importance of the case de-
mands It.
The court site for the hearing of argu-
ments from ~ to 4:S0, excepting Saturday.
and when the hands of the clock point 10
the hour Of adjournment down comes the
gavel, and though the greatest lawyer
may be in the middle OF a sentence the
court adjourns. The case having been
argued 10 the court 1t is all over so far as
counsel are concerned, and the case is
taken under Amusement by the court.
During the argument some OF the justices
may have made frequent notes and asked
many questions concerning the case.
Day Of Consultation.
There is no argument heard on Satur-
day, the court taking that day for con-
sultation and discussion Of the cases heard
during the week. On Saturday evening
each justice receives from the chief justice
an envelope, containing the names OF the
cases the chief justice has decided to allow
the justice to write the opinions IN, and
the chief justice also notifies the justices
Of the hour OF the conference on Monday
morning. The conferences are usually
held in the conference room. behind locked
! doors, The chief justice presides, and
cases are taken up or postponed, according
to the wishes Of the justices or their
readiness to consider them. Some cases
remain under advisement for months after
| being argued In court and are even carried
over from one year to another. Each
| justice is furnished with q lock book in
| which he may enter the details OF case,
the record Of the vote on conference and
the final disposition. On a case being
assigned by the chief justice to justice
! to write the opinion of the court, the
| opinion when written must be agreeable
! to the justices. If not, the dissatisfied
! justice will promptly write dissenting
! opinion. In some instances four of the
! justices have each written a dissenting
! opinion, but the usual custom Is for one
to write it. and announce that the others
! concur.
safeguarding the Decision.
! Before case 10 reached for argument
the justices famillarize themselves with its
records and briefs. and when one is d.
reeted to write the opinion he makes e
study of the case, long. or short as its
| grav ~ demands. This may take a few