Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-13
AGREEMENT
EV|DE TLY
DIFFICULT
Decision on Plea of Doomed Man
May Be Delayed Several
Days Yet.

Inc impression Is Sleduliy gaining
ground, particularly among lawyers,
that the Supreme Court likely is di-
vided in it's opinion in the famous
Frank case, and that decision may
not be handed down for several days
yet, Notwithstanding the fact that it
has been confidently anticipated ever
since the court went into its regular
February banc on Monday.
The court evidently is not consid
ering the Frank case, so far as its
handling of the same is concerned, as
anything primarily extraordinary, but
the fact that it actually has fallen in
to a status far from ordinary indI-
Gates to the legal mind a possibility,
IL not a probability, that the court
is finding it difficult to make UP its
mind unanimously as to ruling.
Court Divided, Is Rumor.
Rumor about the streets has it that
the cour4 stands evenly divided as
to affirmation and reversal, but this
is regarded as mere rumor, as the
court has exercised great diligence in
seeing that nothing escapes by way Of
hint or suggestion as to what is going
on.
The fact that the Frank case Is
now the only murder case submitted
at the time it was filed in appeal that
has not been disposed Of, the addi
tional fact that 1t falls within the
Ill
ital appeals, and the still further fact
that no decisions of any character have
come of the present banc, all COM
bine to warrant the assumption that
the court. for some reason or other,
has not been able to get together on
ruling.
In the event the Frank decision Is
not unanimous, there likely would be
some delay in handing down the
opinion, for the reason that the dis
senting justices would require time
to shape their protests, and each Of
these protests might be entirely in
dividual and still part of the record.
Unanimous Opinion Desired.
DGbduSC VI VIC SItdl 81 dNllg VI NV
Frank case. and it's admittedly far
reaching consequence, the impression
among lawyers is that the Supreme
Court would prefer If possible, to
hand down a unanimous opinion.
II that assumption is correct, natu
rally the court, which is under no
obligation to hurry itself unduly,
would give itself plenty Of time in
which to thrash out its internal diff
ferences, if there be any.
Undoubtedly, public interest is very
acute as to the findings of the Su-
preme Court in this matter and in
quiry OF the newspapers, of the law
yers concerned, and even of the court
officials themselves, is continuous
and frequent.
The court, theoretically, knows
nothing of this, and cares less. but
the fact remains. nevertheless, that
the public interest is there and that
it is insistent for information.
Conclusions and assumptions among
lawyers and lay observers are not
based in any way upon utterances
from the court, for there have been
none, nor from any official of the
court, but tnat something unusual
and out of the ordinary is attaching
TO the Frank decision seems to such
observers highly probable, in view
of the fact that the decision Is not
following the usual lines of promul-
cation in murder appeals.
May Not Como Until Monday.
Whether the decision will come
Saturday u.s. OF course. problematical,
but the impression now Is that 1t
will not come before Monday, IL then.
In the event the Supreme Court
should divide evenly on the Frank
case the decision would stand af-
firmed by operation Of law. There are
six justices on the bench. all are
participating in the decision.
While the case would thus stand
affirmed, however, IL is admitted that
such a finding would give Frank a
decided advantage in appealing for
clemency before the Governor later
on.
AS a rule, when the Supreme Court
goes into banc for the publishing Of
opinions. which IL usually does on a
certain Monday. decisions begin com
ing Immediately, the following Tues
day ordinarily bringing a batch OF
from three or four to a dozen. IT
has been in its present banc since
Monday of this week. however. and
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