The people's voice. [volume] (Helena, Mont.) 1939-1969, 1958-12-12
A Montanan's >.
WASHINGTON NOTEBOOK
By jim BROWNING

direct and unpretentious concentra-
ton upon the job to be done, and
consequent feeling of fellowship
among those who are engaged in the
task. that somehow reminds me OF
the spirit in our western communi-
ties at its best.
In addition, there is a sense Of calm
ness and strength surrounding the
Court. 1t rests upon consciousness
in each individual that the. Court it
self is a living institution whick has
developed and endured over period
of 169 years of service to the nation.
The justices regard themselves as
contemporary occupants of seats
which have a continuity apart from
themselves. Mr.. Justice Potter Stew
art. for example, occupies the place
upon the Court which is commonly
counted as chair number nine, estab-
Iished by Act of Congress in 1887,
and occupied by Justices Mckinley,
Campbell, Davis, Harlan, Pitney, San
ford, Roberts. and Burton, in the
line of succession preceding Mr.. JUS
tice Stewart.
There have been go justices in the
history of the Supreme Court. In dis
cussing and deciding the issues which
come before them daily, the justices
think, speak, and act in terms of the
views of the 90 brethren-the nine
who sit at the conference table, and
the SO whose insight and wisdom
speak from the volumes of printed
opinions of the Court which line the
walls of each Justices chambers.
The Court does not function
through panels or committees. Every
case submitted to the Court is de-
cided by the whole Court sitting in
conference. The Court meets in con-
ference weekly after having studied
the briefs and records and listened to
the oral arguments of counsel in the
cases to be considered. Only the jus
ices themselves are present in the
conference room; the Junior Assoc1-
ate Justice serving as doorkeeper
when contact with those outside the
room is necessary. The
Chief Justice begins the discussion
If each case, and each of the Asso-
:iate Justices then discusses che is
sues in turn, in order of seniority,
Without interruption or time limit.
When the discussion is completed the
,ote is taken, the Junior Associate
Justice casting his vote first.
The Court makes every effort to
zee that each case is decided upon it's
cal merits and that no litigant suf-
ers for want of professional aid. The
Court recently granted review upon
he informal handwritten plea of a
elative of an illiterate and impover-
shed sutton. When review is granted
n such a petition presented by per-
on without means, the Court then
ppoints skilled counsel to represent
hat litigant without charge in the
ubsequent presentations of the mer-
is of the case on written briefs and
raj argument.
Mr.. Justice Frankfurter has de-
cribed the attitude of mind with
rhich the Justices approach their task
f judging, exactly as I have seen it
D be: "** *first and foremost, humil-
" and an understanding of the range
the problems and /one's/ own in
dequacy in dealing with them; dis
lterestedness, allegiance to nothing
kept the search, amid tangled words,
mid limited insights; loyalty and al
,giance to nothing except the effort
} find /that/ path through prece-
ent, through policy, through history,
trough /one's/ own gifts of insight
} the best judgment that a poor fall
lie creature can arrive at in that
ost difficult of all tasks, the adjudi-
alton between man and man, be-
veen man and state, through reason
llled law
The feeling of continuity and high
lrpose among the justices is newt
)ly impressed upon those who serve
officers of the Court. Portraits of
e twelve men who have preceded
e as Clerks of this Court since 1889
lie the walls of the office in which
sit; the Journals of the Court con-
ming record of their work fill
e shelves behind me; and by hun
ed details of practice, procedure,
Id form, | am made aware that my