Omaha daily bee., 1915-12-30
HAMER DEPENDS
JUDGES DISSENT
BEFORE THE BAR
Supreme Court Justice in Paper
Tells Lawyers How High Tri-
bunal Arrives at Its
Decisions.
BAR SHES AT QUALIFICATIONS
Association Declines to Go on
Record Imposing Educational
Qualifications.
DRYDEN PRESIDENT FOR YEAR

Justice Hamer of the Nebraska
lpreme court told of its inner work
,gs and defended dissenting opin-
pms, In a communication placed in
The records of the Nebraska state
Bar association at its closing session
yesterday afternoon at the Fontenelle
hotel. 1t was a reply to an address
previously made by John c.. Harti-
gan of Fairbury. who declared judges
should not write dissenting opinions.
Although Justice Hamer's COM
nunication was one of the most
striking articles prepared for presen-
tation to the bar association, it was
not read on the floor. but he was
given 'leave to print"
1t was late when he entered the room
with an announcement that he had pre-
pared the communication. The members
were anxious to get away.
We are now dealing with unfinished
business and your communication would
come under the head OF new business"
said President C. j. Smyth of the asso-
citation. 1T would be necessary to sus-
pend the rules in order that you might
read it,"
Placed on File.
\ ~ move that the rules be suspended
IND that Judge Hamer be permitted to
file his communication" said S. A. Searle
Of Omaha '''t
This meant that the communication
was not to be read.
The motion was adopted and Justice
Hamer handed the Communication to the
secretary.
He said It was immaterial to him
whether he read the communication or
placed It on file. It was said that IL
would be Incorporated into the records OF
the meeting.
Justice Hamer's communication was in
part as follows:
Every one living within the boundaries
Of the state has an interest in the su-
preme court of the state and in it's
methods of doing business. You have
all heard the supreme court criticised as
IL It was filled with a lot of dron9s who
had very little interee. IN what they did
or how they did It. You have heard it
said with much emphasis that that
court was very much behind and
that It was wholly unable to catch
up. You have probably come to the
very natural conclusion that the members
Of the court are lazy or that they are
guilty Of much mismanagement. You
probably say that where there is so much
smoke there must be some fire.
II want to tell you what we have to
do and as nearly as possible how we
do It.
II am unable to see anything more de-
serving OF secrecy in the proceedings OF
the supreme court than there is in the
proceedings OF the district or county
NsQurt or in the proceedings of any other
>piblic body engaged In the discharge Of
a public service. think that our supreme
court should take into It's confidence the
whole people so far as that may be
practicable. The judges are the servants
OF the people.
view that the only work to be done Il
to write the opinions. The work or Wit
ing the opinions is Perhaps not more Sai thai !,
there for the judge to do other thar
to write his share OF the opinions7 First
other oil i six S judges. That is a heavy Job
Unless he reads them he does not know
how TO vote on the matter OF their adop-
opinion hn he must u T read the briefs Of coun-
sci on each eide so that he may conclude
how to cast his vote. Outlines It Is ne
cessary to read large number of type
written pages. II the decision OF tbs
brother Judge is apparently wrong, or Il
wrong In some particular, then the Judg'
who assumes the task of correcting th'
errors land IL is his duty to do thaO
must write such a correction as h6 think
should be made and he must thea clrcu
late such correction among the othe
judges. IL the error or supposed ere
seems important, then he will, i'm. tn
first place, go and see the writer of tn
opinion and will try to convince him b,
suggest amendments. generally In writing
It Is easier to put the matter i'm writing
for the reason that II avoids controver
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