The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-12-10

tba r11nrerne court may have a copy
! of the briefs and abstracts to read and
study for himself before the members
all & into consultation, and after
| wards when writing or examining the
zach Of the -105 counties has a
| district court with jurisdiction over
the lives, liberties and properly of all
| its inhabitants, and practically all the
] cases tried there may be and very
many are appealed to this court. The
way of appealing is simplicity itself
/ The complaining party merely writes
notice that he complains of the Judg-
( ment rendered, serves 1T on the OPP
posing party and then files it with the
| clerk of the district court. From that
moment the supreme court has 1uris-
diction-even before the copy of the
notice with a copy of the journal en-
| try of the judgment appealed from is
sent up by the clerk of the district
court to the clerk Of the supreme
| court, as required.
'sThe judicial department. of state
government is coordinate and coequai
with the legislative and executive de-
partments. This is the court of last
resort for all save federal questions,
and here must be settled all questions
arising under our state constitution.
As Opinions Each Month.
about forty-five opinions are writ
. >
| in which open sittings of the court
are held.
| 'HThe court meets on the first Mon
| day of each month except January
and July and then on the first Tues
| day. There is no regular sitting In
| August or September. Five days each
l month are usually devoted to hearing
, oral arguments and on the sixth, Sat
urday, the opinions for the preceding
month are handed down; that is. de
| livered to the clerk for filing. With
each original opinion is one copy for
the reporter, one for the plaintiff, one
for the defendant. and one for the
| Judge of the district court who tried
| the case. the three last named being
mailed by the clerk forthwith, so that
| each side and the district Judge has
a complete copy of the syllabus
brief statement of the law points de-
/ cided-and opinion as soon as the
mail can carry them.
"At the close of each days sitting
| the members meet in the room of the
chief Justice, where the cases sub
mitted during the day are assigned.
beginning with the justice who had
the last case, the first one goes to
I the one next below in seniority and SO
on until all are assigned. If 1t should
| develop that any member is disquali-
I fled to sit in a given case it is as
signed to another, but all others come
mechanically in the order indicated.
BY the end of the week each member
is likely to have from six to ten cases
as his part of the assigned work for
the current month.
Take Up Cases Informally.
1.-THE following Wednesday morning
at o'clock the justices meer IN the
room of the junior member, who pre-
sents each of his cases, stating the
facts, the points involved and the
questions for decision. Each of the
others is supposed to have gone over
the briefs and abstracts which he has
before him when the statement Is
made, and in the most informal man
ner each case is taken up and consid-
cred until a determination is reached
as to how it shall be decided.
These discussions, while rarely
acrimonious, are often so vigorous and
spirited that if one could be permitted
to overhear he would be surprisingly
entertained. The member in whose
room the consultation is held presides
while there, and when his cases are
disposed of all file into the room of
the Justice next higher in seniority,
where similar proceedings are had,
and so on until all the cases are thus
treated. This work of consultation is
really the most laborious and nerve
racking of the courts duties FIRE.
quently the printed matter requiring
examination in one case covers hun
!
amount of reading is necessary to pre-
pare for consultation, which some
times runs into the following week.
Oral Arguments Easier.
"Oral arguments are of great assist
a,hce to the court. 1t is far easier to
understand the facts and points when
aided by the recollection of an oral
presentation.
when the consultations are con-
cluded each member may then enter
upon the preparation of his opinions.
When he gets one completed and the
syllabus prepared, he attaches a slip
with his name and the nue. ser of the
case and starts it down the line for
critical examination by the other six,
and it must run the gauntlet where
nothing but cold scrutiny and rigid
inspection operate entirely free from
any regard for sensitiveness or thin
mes of epidermis. When the opinion
comes back to the author it may bear
evidences of sundry assaults requiring
another consultation and rewriting
or the first opinion or many changes
therein. In some instances two or
three consultations on case are held
after the first opinion is submitted for
examination. After all this. when the
court meets on Saturday morning
after the next months regular sitting,
to go over all the opinions finally,
each suggestion or criticism remain
cred and settled, or the opinion is held
up for another month.
Even after the opinion has been
filed and made public, when the proof
comes back from the printer it must
bear reinspection by the reporter and
the writer and then after it has been
printed the result of all this watchful-
ness may be disturbed by a motion for
rehearing, resulting in a reargument
and possibly another opinion.
Thus it appears that when it gets
thru the judicial hopper the grist
comes pretty thoroly ground
Our decisions become precedents
and constitute rules by which the af-
falrs OF Kansas men and women must
be governed and serve also to safe
guard their rights. their property,
their liberties and their welfare"