El Paso herald. (El Paso, Tex.) 1901-1931, 1912-05-15
Integrity Of United States Supreme
Court Justices Is Never Questioned
Changing Public Opinion
Worlds Greatest Judicial Organization
By FREDERIC J. HASKN.

tfce Moody became such a chronic SUI
ferer from rheumatism that although
he was far below the age limit he was
retired by an act of congress passed
especially for his benefit. and which
carried with il full pay during the re-
mainder of his life.
Until q few years ago the supreme
court met at u and adjourned at
o'clock The justices would withdraw
one at q time TO eat their lunch behind
the scenes. and the attorney address
ing the court could often attune ms
speech to the rattle Of the dishes Wnlle
perhaps the very Jusuce 70 %HoII Llo
was most anxious to address his argu-
ment was reRaling himself with
dozen fried oysters This practlce PROD
ably would have continued lnoeIlhlLe4y
had not a new member come along
and insisted that they adopt the plan
of adiourning for lunch and carrying
the session farther into the evening.
The Oral Arguments
The procedure of the supreme court
in the determination OF the questions
involved is an interesting one. To be
gin with 1t hears the oral arguments
of the attorneys in the case An at
tornev who can deliver an erfectlye
speech before this court is an artist IN
his line Usually the mem bers appa-
rentIv take little interest in what an
attorney is saving. and to the specta-
tor it would seem thet the attorney
might just as well omit his oral ar u
ment and trust to the briefs ne mas
previously submitted But II anyone
thinks that the court is not paying
attention let him watch an attorney
stray away from the points ms argu-
ment is expected to cover or miSQuoIe
q former decision of the court, ne VII
at once discover that the court Is tax
ing mental note and is ready to remind
the attorney Of his error. Sometimes
the court VIII hear the argument OF
plaintiff in error and is persuaded tnat
he had no cause upon his own snow
ing.
finder such conditions il will advise
the opposing attorney that he needs 10
make no argument A humorous Incl
dent of this kind occurred years ago
when the famous Matt Carpenter was
the attorney for the plaintiff In error
in a certain case When the opposing
attorney began 10 answer his speech
the court declared that IL was unneces-
sary for him TO speak further Inc
attorney was hard of hearing and old
not understand the remark, when Matt
CARPENTER 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 involving a patent collar but
ton was pending While the attorney
was engaged in arguing II, one OF the
justices asked him if he understood
him to say that If the button fell out
Of a mans shirt as he was dressing
and rolled under the bed, the owner
could recover il without swearing
The attorney replied that no such but
ton was possible Of invention.
After a case is argued in the su-
preme court, its members take the
printed briefs TO their homes and read
them There are a large number OF
these briefs to be read, and often a
single case involves a stupendOus
amount Of study II the members OF
the court are TO become perfectly IA
mflfar with it-COpyright, 1911, by
Frederic J. HasiIin-
Editors Note. This is part Of a
chapter on The Supreme Court. from
the book. The American Government.
bv Frederic J. Haskin. which now is
offered to the readers Of the FL Paso
Herald on most advantageous terms
I See notice elsewhere on this page