Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-10-30

which prevent them from rendering EN-
Gent service any longer. they. prefer to
work on. For instance. Justice Harlan
was eligible to retire the lst OF June
1909 Rut he preferred to work on. and
although the duties of Supreme Court
Justice are arduouS and trying. he was
still in harness in 1911. and had thirty
four years of honorable service on the
bench of the Supreme Court behind MIN.
His thrty-four years of service is more
than double the average service or
member of the court. There have been
few occasions when the membership OF
the Supreme Court has changed so rapid
ly as at the present time. Today there
are only three members of the bench who
were there ten years ago. This has
come about largely through the numerous
deaths that have occurred. Justice
Shiras and Justice Brown retired on ac-
count of age or i'll health. but Justices
Brewer and Peckham and Chief Justice
Fuller died in the harness. Justice Moody
became such a chronic SUFFERER from
rheumatism that although he was far be-
low the age limit he was retired by an
act of Congress passed especially for his
benefit. and which carried with it full pay
during the remainder of his life.
Until a few years ago the supreme
Court met at II and adjourned at 4
o'clock. The justices would withdraw
one at a time to eat their lunch behind
the scenes, and the attorney addressing
the court would often attune his speech
to the rattle of the dishes while perhaps
the very justice TO whom he was most
anxious to address his argument was re-
calling himself with a dozen fried oysters.
This practice probably would have con-
tinued indefinitely had not a new member
come along and insisted that they adopt
the plan of adjourning for lunch and
carrying the session farther into the
evening.
The procedure of the Supreme Court
in the determination of the questions in
volved Is an interesting one. To begin
with, it hears the oral arguments of the
attorneys in the case. An attorney who
can deliver an effective speech before
this court is an artist in his line. Usual
ly the members apparently take little In
terest in what an attorney is saying, and
to the spectator it would seem that the
attorney might just as we'll omit his oral
argument and trust to the briefs ne mas
previously submitted. But IL any one
thinks that the court is not paying at
tention let him watch an attorney stray
away from the points his argument Is
expected to cover. or misquote former
decision of the court: he will at once
discover that the court is taking mental
note and is ready to remind the attorney
of his error Sometimes the court will
hear the argument of plaintiff in error
and is persuaded that ne had no cause
upon his own showing. Under such con-
ditions ii will advise the opposing attor-
ney that he needs to make no argument.
A humorous incident of this kind &C.
Cured years ago when the famous Matt
Carpenter was the attorney for the plain
tiff in error in a certain case. When the
opposing attorney began to answer his
speech the court declared that it was UNI
necessary for him to speak further. The
attorney was hard OF hearing and did not
understand the remark. when Matt Car
penter spoke up and said: THE court
would rather give you the case than
hear you talk. The justices are not
without their sense of humor. even when
on the bench. Some years ago case in
yolving a patent collar button was pend
ing While the attorney was engaged In
arguing it one of the justices asked him
N ne understood him to say that III the
button fell out of a mans shirt he