Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-02-14
aalistellansous 8eadine.
SLAVE OF TRADITION.
United States Supreme Court Justices
Hold to Precedent.

| by the constitution OF the country
and the laws are so designated and
the subordinate judiciary so made NJ
as to conform to the will of the faith
ers.
And yet this august body, so hedges
about by the law tones and authOri-
ties, is itself a slave to customs which
bind it firmly as the law itself says
the Providence Journal. The senate
and house have hearkened to the voice
of fashion in their outward manifes-
tations, but in the supreme court only
four changes have taken place since
the foundation of the government.
These changes were accomplished
after repeated conferences among the
members of the court. Spurred by
the enthusiasm of the younger
clerks and attendants. the justices at
last reluctantly approved the plan to
elevate the bench from the floor Level
and raise it some two yards above the
heads of the lawyers and visitors.
In days gone by the court, the law
yers and the audience occupied the
same ground, says the Milwaukee
Sentinel. One day, 1t is recorded,
Henry Clay created some confusion
and criticism by taking his stand at
the right hand of the chief justice and
making an argument. More to prevent
a repetition of this sacrilege than for
any other motive, the bench was ele'
waited, and now stands as an impassa-
BILE barrier between the court and ag-
gressive attorneys.
The second change was inevitable.
new carpet was placed on the floor
when the supreme court was furnish
ed. 1t was a good carpet, else 1t
would not have survived forty years
of constant wear During the forty
years il bore it's burdens with true
Brusselian stoicism, but on reaching
the age of half century 1t began to
tangle itself in the feet of the JUS
tices. 1t was removed when 1T had
seen sixty years of service, but the
new carpet was an exact duplicate,
in order that the sacred originality OF
the chamber might be preserved.
Then a ~aive of intense radicalism
swept over the court and change
was consummated, which to several OF
the justices appeared little less than
revolutionary. Never in the history
of the court had reporters been al
lowed to take notes. The attorneys
depended on their memories to answer
the arguments of their opponents,
and newspaper reporters were COM
pelled to paraphrase the decisions or
await the copies which were given out
later by Mr.. Mckinney, the clerk OF
the court.
A few years ago this rule was abro-
gated, and it is now permissible 10
bring a pencil and paper within the
revered portals.
The health and comfort of the
court itself prompted the fourth
change. When John. Hay and John
Marshall sat upon the bench from
noon until o'clock it was expected
of them, learned jurists that they
were. that hunger would at some point
overtake them. Realizing that
void Of this material character in
duces irritability, and that comfort
of body is essential to judicial tenn
perament. it was no uncommon sight
to see several sandwiches divide a
iurist's attention with the argument
of an attorney.
As the bench grew in size its dig
nity seemed to increase, and the JUS
tices either allowed the pangs OF nun
ger to remain unappeased, or drop
ned out of sight behind the bench
and made off to the nearby senate
restaurant. 1t was not unusual for two
or three of the court to feel the nee :
essity of food at the same time, ana II
was this fact that led to the adoption
of a new rule.
An eminent attorney had been ad-
dressing the court for ABOUT Two
hours. when suddenly he stopped MS
argument and announced that lie
could not continue unless he was sure
that he might have the attention Hf
his Jury. THE personnel OF the
court" he said, has been changed
twice since 1 started my argument.
A few days later it was announced
that recess for luncheon would De
taken every afternoon from 2 to z.3o
o'clock. =
The question of body servants is
one that has perplexed many an ap-
bench.
who wished the body servants on
the jurists is not known. These ser.
wants are much in evidence and Will
probably be officiating for years 10
come. They are a mighty galaxy.
When one is appointed he holds ms
position as long as he is able TO 90
the work which is required or MIN,
which means until he dies, for MS
sole duty seems to be to act as coat
carrier for the justice and at other
times as his mentor and tyrant.
When a member of the court dles'
his body servant accepts the new JUS
tice. The new justice has no choice
in the matter. He must allow himself
TO be accepted and bullied and intimi-
dated until such time as he chooses
to assert himself Then things go
along more smoothly.
Justice Woods once said that his
body servant was the one man IN
Washington of whom he was afraid,
and that he had been for years sum-
moning up his courage TO sass him.
This was no doubt exaggerated, but 1t
serves to show that these nine negroes
have absorbed some dignity OF their
own from constant association with
stern brows and austere demeanor.
Justice Hughes is attended by the
negro who served tho late Justice
Brewer.
Justice Harlan was almost frozen
to death because of the rigid adhe-
renee to precedent of his body SER
want. 1t was on New Years day,
when il was customary for every
member of the supreme court to call
on the president Custom dictates
that no member of the court shall
enter the receiving room before the
chief justice and that justices shall be
presented to the executive in order of
their rank.
On the New Years Justice Harlan
drove to the White House, accompan-
led by two women of his family. He