Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-13
AGREE: MENT
EV|DE NJ !
DIFFICULT

4 Inc IMPRESSION is SleduliS SdlilliIS
ground. particularly among lawyers,
4 that the Supreme Court likely is di-
Evided in it's opinion in the famous
Frank case, and that a decision may
hot be handed down for several days
Eyet. Notwithstanding the fact that 1t
has been confidently anticipated ever
'since the court went into its regular
RFebruary banc on Monday.
4 The court evidently is not consid-
Eerrs the Frank case, so far as its
shaudlng of the same is concerned, as
Eanylhfng primarily extraordinary, but
he fact that it actually has fallen in
h. q status far from ordinary indi-
Gates to the legal mind possibility
Ii not a probability, that the court
finding it difficult to make up its
&njnd unanimously as to ruling.
Court Divided, Is Rumor.
Rumor about the streets has it that
he court stands evenly divided as
10 Affirmation and reversal, but this
regarded as mere rumor, as the
court has exercised great diligence in
Tseeing 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
4 al The time it was filed in appeal that
HAS not been disposed of, the addi-
ional fact that it falls within the
usual rules of fast writs" on all cap
tai appeals, and the still further fact
hat no decisions of any character have
Ecome of the present banc, all com
[bne to warrant the assumption that
he court, for some reason or other,
has not been able to get together on
IA ruling.
4 In the event the Frank decision is
! pot unanimous, there likely would be
Esome delay in handing down the
Eopinion, for the reason that the dis
|senting justices would require time
II shape their protests, and each of
hese protests might be entirely in
Etividual and still part of the record.
Unanimous Opinion Desired.
/ Because of the great gravity of the
4 Frank case, and it's admittedly far
|reaching consequence. the impression
Eamong lawyers is that the Supreme
ECourt would prefer, if possible, to
hand down a unanimous opinion.
II that assumption is correct, natu-
rally the court, which is under no
4 obligation to hurry itself unduly,
would give itself plenty of time in
(Which to thrash out its internal diff
ierences, if there be any.
Undoubtedly, public interest is very
Eaeute as to the findings of the Su-
preme Court in this matter. and IN
curry of the newspapers, of the law
yers concerned and even of the court
foricials themselves, is continuous
Eand frequent.
The court, theoretically, knows
othing of this, and cares less, but
ne fact remains, nevertheless, that
ne public interest Is there and that
Is insistent for information.
Conclusions and assumptions among
lawyers and lay observers are not
based in any way upon utterances
rom the court, for there have been
none, nor from any official of the
curt, but that something unusual
and out of the ordinary is attaching
the Frank decision seems to such
Observers highly probable, in view
the fact that the decision is not
olowing the usual lines of promul-
cation in Yf1tIr6aT. ANNALS
May Not Come Until Monday.
Whether the decision will come
saturday is, of course, problematical,
~ the impression now is that it
WIZ not come before Monday, if then.
In the event the Supreme Court
Mould divide evenly on the Frank
aSe the decision would stand af-
Irmed by operation of law. There are
justices on the bench, all are
parucipating in the decision.
While the case would thus stand
1hrmed, however, it is admitted that
l'h a finding would give Frank a
needed advantage in appealing for
lenency before the Governor later
As rule, when the Supreme Court
| s'es into banc for the publishing of
3pmons, which it usually does on a
sFtain Monday. decisions begin COM
lg Immediately. the following Tues
ay ordinarily bringing batch OF
rom three or four to dozen. 1t
been in it's present blnc since
donday of this week, however, and