Evening star., 1935-01-16
DECISION METHODS
OF COURT Stated
Rulings Made Following
Careful Study Free OF
Undue Influence.
BY DAVID LAWRENCE.

in what the Supreme Court is dong
and so much discussion that it seems
appropriate to reproduce some inter-
esting comments made by one OF the
K1en who has actual experience with
the work of the highest court.
After Charles Evans Hughes re-
signed as associate justice in 1916,
subsequent to about six years of serv-
ice on the bench, he delivered series
of lectures at Columbia University on
the work of the Supreme Court. He
explained the conferences OF the
court and the way the members decide
an issue by voting. He had no idea
at the time he wrote the lectures that
he would some day be Chief Justice.
Here is what he said:
Voices First Opinion.
while the Chief Justice has only
one vote. the way in which the court
does its work gives him a special op-
pOrtunity for leadership. At the con-
ference it is the practice for the Chief
Justice, unless he desires otherwise. to
be the first to state his opinion with
respect to the case to be decided: he
gives his opinion first and votes last
After a decision has been reached,
the Chief Justice assigns the case for
opinion to one of the members OF the
court; that is. of course, to one Of the
majority if there is division, and
the Chief Justice is member OF the
majority. If he is i'll the minority. the
10 flNn a
the case for opinion.
when ASSIGNING cases, the Chief
Justice may retain any cases he pleaSeS
for himself. 1t is recognized that
he has sole control over the assign
ment of opinions and his assignments
are never questioned. In this way.
he has an important choice among
the judges in the distribution of the
important cases. 1t might be supposed
that this method would be open to
objection, but it has worked we'll.
regard t as far better than the
method of some courts OF assigning
cases in rotation, so that the judges
know when the case is argued, un-
less there is some division making
q different assignment necessary, who
is going TO write the opinion.
All Express Views.
"In the Supreme Court every judge
comes to the conference to express
his views and to vote, not knowing
but that he may have the RESPONSE
bility of writing the opinion which
will accord with the vote. He is thus
keenly aware of his responsibility in
voting. 1t is not the practice Of
the Supreme Court to postpone vot-
ing until an opinion has been brought
in by one of the judges which may be
plausible enough to win the adher
ence of another judge who has not
studied the case carefully"
The theory that new justices will
follow the wishes of the Presidents
who appoint them is popularity held,
but is disproved by experience. Judges
appointed by Presidents Jefferson and
Madison did not hesitate to oppose
them, as did judges appointed by
President Jackson. 1t was a North
ern Democrat who joined with a
Northern Whig judge in dissenting
in the Dred Scott case. President
Lincoln's legal tender policy was held
unconstitutional by his own ap
pointeeS.
Nothing is more striking in the
history of the court" writes Charles
Warren. Assistant Attorney General
under the Wilson administration and
an authority on Supreme Court prac-
tice, than the manner in which the
hopes of those who expected a judge
to follow the political views of the
President appointing them have been
disappointed
Mr.. Hughes Comments on Point.
Mr.. Hughes. in the same lectures
before Columbia University, handled
this point as follows:
president Theodore Roosevelt was
deeply interested in the prosecution
and success of the suit brought to
dissolve the Northern Securities Co.
He had appointed two associate JUS
tices, but one of these, Justice Holmes,
joined with the appointees of Presi-
dent Cleveland in dissent, writing a
strong opinion against the contentious
of the Government. Very recently
the Supreme Court decided question
which had remained open from the
foundation of the Government as to
the Presidents power of removal.
The case arose out of the action of
President Wilson in removing a post
master of the first class without the
advice and consent of the Senate, al
though the postmaster had been ap-
pointed under an act of Congress
which provided for removal with such
advice and consent.
President Wilson'S action was sus-
tanned by the court in an opinOin
delivered by the Chief Justice, a
former Republican President, but both
the associate justices appointed by
President Wilson, namely, Justice
Brandeis and Justice McReynolds, who
had been Attorney General under
President Wilson, dissented, being of
the opinion that the action of Presi-
dent Wilson had been outside consti-
tutional power.
Course Not Practicable.
"If conscientious, able and inde-
pendent men are put on the bench,
you cannot predict their course as
Judges by reference either to partisan
motives or to personal or party loyal
ties. If you could get further down
to the bedrock Of conviction as to
what are conceived to be fundamental
principles of government and social
relations, you might be able to get
closer to accurate prophecy"
The gossip that Mr. Roosevelt may
add through act of Congress to the
Supreme Court justices who will help
the court to throw the balance in
favor of New Deal legislation is heard
around the Capitol, but Speaker
Byrns, Democrat, has said nothing
of the sort is contemplated and that
he would not stand for it if it was.
The Supreme Court is in the spot
light just now because of the gold
clause cases, but indications are that
it will have several other important
constitutional questions to decide this
year. Hence an understanding of the
disinterested and dispassionate way
the highest court functions is essential
to the reading of the days news and
e< of ;c roy,nio0 Aud