Evening star., 1923-04-22
BY w. II. SMITH.


to announce that the court was tired
and wanted to quit.
When I received the appointment
being attached to "the highest Judi
cial tribunal In the world" and It
was with Q distinct feeling OF awe
that I Tor some time performed my
special duties. but It did not take me
long to find out that although q man
might be 30 learned In the law. and
occupy among his fellows so exalted
q position as to make him worthy OF
a place on this great tribunal, he still
carried with him the little foibles ana
peculiarities that had distinguished
him as a private citizen.
The court at that ume was COM
posed OF Chief Justice Chase and
Justices Wayne. Nelson. Grier. Cliff
ford, Swayne. Miller, Davis and Fields.
They were all large men physically.
Fields being perhaps the lightest in
weight, yet he would have pulled
down $50 pounds, while Cli1ord's
weight would have reached nearly
| 800 pounds, II 1t would not Rave gone
beyond that mark.
They were all big mentally. there
not being q lightweight among
them.
Justice Wayne was the Oldest In
years and in length OF service. Our
government under the Constitution
| was but one year old when James NJ.
Wayne first saw the light and he was
nearing the fourscore mark at the
time OF which am writing. Nearly
his entire life after reaching adult
| ago had been spent In the service OF
tho public In one capacity or another.
AZ q member OF the national House
OF Representatives he had been one
OF the most distinguished. 1t was
during the reign OF Jackson, and he
had been one OF the most ardent and
devoted supporters Of Old Hickory in
| his night against nullihcation. In
| 1885 that grand old warrior appointed
him one of the justices OF the Su-
preme Court. He had q high and
prominent forehead, large nose and
mouth, and, notwithstanding his great
age. a heavy head OF hair which he
always kept brushed with the great
est care.
He always paid close attention to
! the arguments OF attorneys. fire.
quently making copious notes. He
seldom interrupted an argument by
| asking a question. and when he did
| so 1t WAS in the most courteous man
ner. In fact, he was courteous with
every one. 1 recall an incident dig
playing this. One night I was sent
by the Chief Justice with a message
to Justice Wayne. who lived, be-
lieve on III street west OF 10th. His
daughter happened to be In the hall
when the servant opened the door,
and on being informed I had a mes
sage for the justice she told me
would find him in his library.
He was engaged at his desk and
when tapped on the door spoke up
with irritation. How often have
told you I must not be interrupted
when at work." thinking It was tho
maid. Discovering who it was. he
quickly got up from the table and
apologized for his hasty speech in
the kindest and most considerate
manner. The next day at the court
room. he again expressed his regret
for the incident OF the night before.
JUSTICE WAYNE was Of Southern
y birth, but held steadfastly to the
Union when the South undertook to
secede. He was regarded by his as
sociates on the bench and by the
members OF the bar practicing before
the court as one OF the most learned
in the law. specially Of admiralty. He
i ~
the celebrated vallandigham case, in
which he held the appellate power OF
tho Supreme Court did not extend to
. review by certiorari OF the proceed
| inss Of a military commission ordered
by q general officer OF tho army. It
was regarded at the time a. being
J one OF the most exhaustive exposi-
tions Of the right OF the government
to maintain itself by military trials
| In cases Of civilians in time OF war,
| rendered by any court.
At the close OF the civil war the
court found itself burdened with many
| as TO the powers OF the government,
among them being the rights OF neu-
trails involved In blockade running,
rights OF citizens as against military
power, test oaths. etc.
But I started out to tell something
OF tho foibles and peculiarities Of the
| Justices and OF some Of the attorneys
appearing before the court, rather
than personal sketches OF the justices
| themselves.
On the bench Chief Justice Chase
was dignity personified. as. in fact,
he was everywhere. He held that the
position OF chief justice Of the Su-
preme Court was the most exalted
station under the government, and he
carried out that belief In presiding
over the court. No matter how long,
dull and prosy an attorney might be
| in presenting his argument, the chief
justice never displayed any impa-
tience, but to all outward appearance
! paid the closest attention
In presiding he always leaned for
ward over his desk, never resting
himself as some of the justices fire.
quently did, by lolling back in the
great armchairs The chief Justice
| seldom asked questions OF tho attor-
neyA but when he did It was only
| to make moro clear some statement.
He made cepfous notes He was ever
prompt In opening the sessions OF the
court, and, as q rule was equally
prompt in closing at the hour ap-
pointed. During my service with tho
court never knew him to fall but
! twice whom Z O'Clock came TO request
the attorney who might be speaking
to suspend a. the hour OF adjourn
ment had come.
One OF these was unintehticnaa, ana
wan the only time I ever knew tho
chief justice to be abrupt An attor-