White Bluffs spokesman. [volume] (White Bluffs, Wash.) 1907-1938, 1927-07-15


court that they should be heard in
the first place by the whole court.
The court sits in departments be-
cause there are so many cases before
it that it would be impossible for it
to handle all of them if the whole
court heard all Of the cases.
Before case is presented to, the
court the attorneys in the case will
have filed their briefs, which are
printed arguments. These are read
by the members of the court before
the case is called for trial argument.
All the briefs in an average case will
be about IS pages. In an important
case all the briefs may contain 200
or 300 printed pages. All the briefs
for an average day will be- four or
five hundred printed pages. On some
of the heavier days all the briefs in
the six cases may contain from one
hundred to Fifteen hundred pages.
Six cases of all kinds will be pre-
scented to the court for final determ
nation, or, in the usual parlance, six
cases will be tried and submitted to
the court each day, They are called
by the chief justice and are orally
argued by the attorneys. The attor-
neys on both sides are given an hour
to each case; that is thirty minutes on
each side. In complicated or unusual-
1y important or difficult cases the
court will extend the time for argu-
ment. One case after another is call
ed until six have been heard. The
court then retires to its consultation
room, where each of the six cases
that have been heard during the day
are fully discussed by the judges and
tentative decision reached and each
case is then assigned to some one Of
the Judges Tor further investigation
and the writing of an opinion, about
which I will soon say something
pore. Each member of the depart
nient that is sitting will at night read
the briefs for the six cases which will
be argued the next day. This pro-
cedure is kept up from day to day.
The discussions by the court in con-
sultation are always earnest and often
spirited. Cases are assigned for
opinion in rotation.
The constitution of the state pro-
vides that all decisions CT the supreme
court shall be written and that the
grounds thereof shall be stated. The
judges to whom case has been as
signed takes the briefs that have
been filed and re-reads them with
great care. He also has before him the
written pleadings and all the evil
dence. BY reading of the testimony
he satisfies himself as to what the
proven facts are. He then considers
the law of the case. He reads author
tiles which have been cited in the
various briefs and often does addi-
tional briefing Of the case.
The judge who is investigating the
case freely consults with his assoc
iates on the questions of law involv-
ed. Having made up his mind how
the case should be decided, he writes
an opinion, giving the facts Of the
case and the principles of law which
he thinks control it, The opinion is
then circulated among and read BY
all of the other members Of the court
Each member who has heard tn.
oral arguments in the case eithe,
signs the opinion as written, Or, i
he thinks it is wrong, dissents, gen.
orally giving his reasons therefor
While those judges who did not hear
the case argued must read the opin-
ion and make up their minds whether
it is right or wrong, they do not
actually sign it, but they make no
tations so that the other judges may
know their views. If the case has beer
heard by the whole court, then sucl
CT the members as agree with tn
opinion as written sign it and tn
Others Gf any express their dis
sent, and that is the end of that case
regardless of how badly the cour
may be divided. If the case is on
that has been heard only by de
rartnent of five members and the.
cannot agree as to how the cas-
should be decided, then genaJall
speaking, the opinion which has bee
written is not filed, and the case i
by the court set down to be hear
t at the next term by the Who'll
( court.
J. The cases which have been signe
and filed with the clerk of the 'cour
during any one week are at one
) published in pamphlet form and dis
tributed to all the lawyers of tn
state. Later, each opinion is publish
ed in permanent volume.
Within thirty days after decisio
las been rendered the losing party
! through his attorney, may petitio
the court for rehearing. In this pet
ton the attorney will point out an
m Stakes or errors, either of fact @
law, into which he thinks the coul
has fallen. These petitions for re
hearing come into hands of all tn
judges If certain number be cor
WINGED that the court may have bee
! in error, the case is set down for re
9 argument at some future time. Other
wise, the petition is denied.
Decision of Cases on Their Merit
I am sure most people outside tn
legal profession believe that the su
preme court considers every case up
on its merits and so besides it. Thi
idea is true so far as the legal point
are concerned, but it is not neces
sarily true as to the disputed fact:
So far as the supreme court is con
cerned there are always two thing
: in every case-the facts, and tn
law based upon the facts. But
, should be remembered that in nearl.
! all cases the facts are in dispute AM
before the law can be applied tn
facts must be determined.
. If the case has been tried to tn
superior court judges without jury
then the supreme court is pernitte
to review the testimony and come t