New-York tribune., 1922-02-05
law Defiance
Laid by Jurist
To Prohibition
,,.tice Clarke, of u. S.
supreme Court, Declares
II Bred Disrespcct for
Authority i'll Millions
Urges Economic Reform
c;,es Idleness and Want in
Land of Plenty in Talk
10 Alumni of N. Y. u.


=. concern over the contempt for law
"a. has developed from the adoption
u the prohibition amendment to the
co,st;,ution. Justice Clarke spoke al
=. dinner of the New York University
Y.v School alumni at the Hotel Bilt-
gore.
The Eighteenth Amendment re-
,u;red millions Of men and women TO
abrupty give up habits and customs Of
;;fe which they thought not immoral
or wrong" she said, "hut which, on the
contrary. they believed to be necessary
n their reasonable comfort and happi-
ress. and thereby. As we all now see,
respect ret only for that law, but for
all law, has been put to an unprecc-
tented and demoraizing strain in our
country, the end OF which it is difficult
: see
=. Necessity of Readjustment
Other beacon lights, warning Of
trouble. that can be seen from the van
-ace point of the bench OF the United
states Supreme Court, were mentioned
5r Justice Clarke. lie said:
"To have millions OF men and women
IDLE and in want and agriculture in
Greater distress than ever before in
this the richest farm land in the world
presents q problem in domestic reor-
ganization and rcadjustmcnt of the
grcatest public concern
Quoting Washington's reference TO
,hc Supreme Court as "the chief pillar
must rest" the speaker told his audi
ence that fully % per cent of the
cases that occupied the attention of the
overworked justices never should have
aeen there.
1T must be obvious" he said, that
10 Judge with that sense of the respon-
sbility and duty to his country which
every supreme judge may be assumed
10 have would participate in the dc
cding Of such great cases without
making the most pains taking and eX
rsus:ive examination of them of which
he is capable, and that men upon whom
such responsible duties rest should not
be harassed and annoyed by the in
vcstigation of trffng and unimportant
causes Their time and strength should
ne reserved and conserved for use in
me discussion and decision of those
auestions of public interest and i'm
oortance which are constantly coming
ociore them.
Asks Lawyers to Aid
Thus come to the purpose of TINS
clscusslon, which is to say that ] think
i is the duty of every American law
yer. not to the Supreme Court. but to
ais country, before he decides to pur-
sue case into the highest court Of
me land, to ask himself. candidly. as
citizen rather than as an advocate
Nbether the case is of sufficient gen
Ara Importance to justify his calling
to the attention OF, and of his i'm
posing the labor of an examination Of
upon, court primarily organized
10 deal with matters of the greatest
public concern, especially now, when
all the world knows that it is no longer
rumany possible for that court to
seep abreast of it's docket in this rap
ioly growing country Of OURS, with its
tonstantly expanding commercial and
political activitios'
The justice won laugh from his
i@wyer- audience when he spoke of the
ength OF the arguments often filed in
TIE Supreme Court, and which he said
we're appropriately styled "briefs."
In recent case in the Supreme
curt OF the United States" he said
me briefs for the plaintiff in error
contained 1884 pages OF the customary
SIZE, and those for the defendant in
sfrcr contained 1864 pages. In an
oVher case the briefs for the plaintiff
IN error contained 1873 pages and
nose Tor the defendant in error 992
pages And in recent simple, per
lOnal I,..c E. J.
pahtiif in error contained l5S pages.
and the defendant In error. not to be
outcome, made IS brief l62 pagcs in
length
Put i'll Volumes Nov
As II IN apology for such extension
VI nflefs and in order that they may
nos seem as Toluminous as they~really
e' practice has, of late, been OBJ
sslved OF printed briefs in two col
ines: ines: One volume is usually entitled
.pr Driei on the Facts and the other
,oriel on the Law In some cases also
separate third volume appears. en-
sI'ieo Topical Index TO Briefs. This
sst' am bound to say, if such briefs
s'e 10 be tolerated at all, is an import
ant ana valuable addition. But the eli
aaA 10 the brleing mania was recently
saeheo When lawyer, not engaged in
S", Sae case, gravely asked leave of the
pupfeme Court to tila a brief of 424
amlcus curiac-as d friend OF
the court"
on ,hnnotaer speaker Was General John f.
MsaA' VINO talked on the transit sit
-auoh. lie asserted the paramount
amse. I1ue IN the problem was not political
h,sgiance sh"lge or even discomfort to the
.rJdusahds snd SANDS who ride daily on subways
ons ,,a eieVated lines of the city. but was
one Of morality.
Question of .,orality
y;rls lnSnoreds Of thousands OF young
avs, fs,..s' Genera Organ said, "are
sss;n ,ora 70 plaster themselves each day
are strange young men and men
again. .0iceo TO plaster them selves
for .. Women passengers. This lasts
.srs " as Hlteen minutes to thre- quar-
+, p VI an hour each day Think Of
comineople eople becoming degraded and be-
nrnR accustomed to it,
CIV 10y Gay 4,U0O more persons ride on
d.. transit lines than on the previous
.bsn tour thousand more rode to-day
mn. n';s, rooe yesterday. Four thousand
dav ~ Ti-i ride on Monday than rode to-
miil;o,,n increase is going forward at a
,rans;. ,,G,' ana half each year, while our
becsuSo aeVeIopment is at standstill
Csro Cse OF political row"
tie Ira ns o'Ryan said the prejudice of
much Sp.eseht administration had done
deyelon, prevent proper expansion and
JSyp'hent of the lines of travel.
rnjtsd G. Lo"ln l.. Garvin, of the
oi ths ths nIates aS District Court. president
Taste, a.amhi association, was toast
Gens,., Vthers who spoke were Major
neral John Z o,pr 49,, e ;oc