The Detroit times., 1910-03-04
LuRTON IS ACTIVE
ON HIS NEW JOB
Newest Member of Supreme Court
Takes Work Seriously-How Re-
porters Secure Decisions in High
Tribunal.

Associate Judge Horace II. Luz loh 80
working o earn his $4,000 salary
The newest member OF the supreme
court OF the United States took the
bench on Jan. g. and he hadn't been
on the Job seven weeks before he had
rendered opinions In seven important
cases-one- fifth of the number Of cases
argued in that time. Three OF these
were in the famous cotton leak It'll
CATION, complex controversy which
has dragged through the courts for
two years and accumulated additional
obscurity with every move.
Justice Lurton takes his work seri-
Cusly. He remains wide awake dur
ing the entire day listens attentively
10 arguments made by counsel, and
shows his interest by frequent ques-
tioning Not all of his colleagues are
as strenuous-two at least spend a
goodly part OF the day quietly snooz'
ing.
The newspaper men who cover the
court brcathed n sigh of relief when
the new Justice cleared his throat and
started in on his maiden opinion-hts
onunciation was distinct and his SEN
fences audible throughout the court
room That : rare quality. or the
ether justices there are only three
who have really good speaking voices
Justices Moody. Day and Holmes.
The rest keep the newspapermen ON
edge 10 catch what they are saying.
Chief Justice Fuller, who is almost
50 years OF age. has a voice absolutely
inaudible fifteen feet from the bench;
Justice Brewer is nearly as difficult 10
understand. Justice Harlan warns mp
only when deciding a very important
case or one In which he has felt the
necessity for dissenting on some con
-astitutional question; Justice White has
trick OF beginning sentence loudly,
but dwindling his voice down TO moth
ing after the first three words. Justice
McKenna has q weak voice. despite his
efforts 10 enunCiate clearly. and even
Justice Holmes who has strong
voice with Boston accent takes de-
light In verbal intricacies that are
hard 20 follow.
But this is only one OF the troubles
OF the newspapcrmen. The supreme
court is a stickler for tradition. pro.
cedure. and forms, and il would never
10 TO favor the press Therefore, the
correspondents must manage to get
ions. There is a slight concession 70
press associations, the representatives
OF which are assigned seats directly
In front Of the bar. and given pages
who carry their copy" 10 messengers
outside the court room.
Naturally. the members OF the court
are the foremost legal technicians in
the country. Their opinions are direct
Il s-tt
uations. Therefore IL happens that
the correspondents who. II they were
legal sharps. wouldn't be in the news
paper game, have n hard time Of II
ascertaning just what is meant by
such and such a decision
II isn't safe for the reporter TO send
out bulletin" or a flash" regard
ing q decision OF the court until the
Justice delivering that decision shall
have said the last woodland some
times not even then. II is a favorite
trick for the justices in delivering
opinions, 20 start with one side, APP
parently fully sustain every point. and.
when the new spaperman has just
about decided 10 make his bulletin 10
this effect, suddenly to veer of, with
the words however" etc. or ION the
other hand" still. contrarywise." and
so on. and then follow with what is APP
parently Just as fully an affirmation of
the opposite view.
Then. frequently. the court doesn I
directly specify affirmed" or re
versed,' but qualities this action with
other instructions. This is the signal
FOR the press men TO tear their hair.
For instance, last year on the court
decision on the commodities clause
OF the railway rate lava case OF tre-
mendous mportance-each OF the
three association men at the court sent
out a different flash. lt took them
half an hour TO figure out, afterward,
Just exactly what Justice White meant
in his opinion, and then they were
able TO do II only with the assistance
of Solicitor General Hoyt.
Another instance press associa-
ton man at the court hears an opin-
ion on case 254.--the question Of
whether the secretary of war has the
authority 10 make the Olentagy Bridge
company raise It's bridge six inches.
He writes out bulletin embracing
what he thinks the court has decided
that the secretary has the power
Fifteen minutes later. when he is des-
pairingly attempting 10 discover what
the chief Justice had been saying about
case number "625," he is handed a
message from his boss.-"Opposition
says lie Olentagy bridge, that secre-
tary war has not got the power How
The correspondent doesn't dare
leave the courtroom until all the dc.
cisions have been rendered, for fear
Of losing an important one. press
association man last year left the
room for just a moment. TO straighten
out query" from his office. and in
that time Chief Justice Fuller an.
nounced that the court had denied the
petition of the government for a hear.
ing OF the s29000,000 Standard oil
case He didn't get this supremacy
important news item for at least ten
minutes-and then only because he
happened 10 hear some lawyers talk.
inE about H.
From the fact that the opinions ne
rendered by the court contain only a
legal history" OF the case, and sci
dom present the facts in a way N
which they could be used by the news
paperman. and. also. because very
often the justices merely announce
Case number so-and-so: for reasons
stated in the opinion we reverse the
Judgment" II is necessary for the cor
respondents TO have a carefully pre-
pared synopsis OF every case on tho
docket all ready, from which 10 secure