Show gUNDAY MORNING APRIL 20 1930 Utmost Secrecy Surrounds Conferences in Which Preparation of Opinions Is Made With None But Justices Themselves Being Allowed in ' Room (Editor Note— The supreme court eluded the vote Is taken and of has been in the limelight lately due majority determines of Taft the senate’ what the decision u the death should be Next court in on the stult confirming the chief Justice assign the cases the appointment Jes inand the place of Justice of to the Judge to write opinions It Is one of the traditions the In the following article an court that a judge must write of resident now in the office ever is’ assigned to him It what-be may cf the clerfc supreme court gives a case involving a branch of the on this law with which he Is not rU interesting-sidelight- s nearly so familiar as with some others gortant United States body) It may be a case which he can write B CARL ZIMMERMAN In day or it may be one which j modern age practically all willa require a month When this the opinion is written It is sent ft op ceremony and dignity have the to printer and when the writer 1 saept aside for speed simpllc-i- g satisfied with the form of it he nd effectiveness except in the a printed copy to each of the curtne court of the United States send iXnouble exception In the capit- other Justices and again it is a tradition of the court that the crital Washington’s m06t dignified icism of the justices should be eneach takes the place day ijnonv The supreme tirely free and unrestrained except is in session only branch of the of course it Is implied that it shall Lrt is ntthewhich has preserved in be constructive It extends from Ptemme 8taa-te- rf entirety the panoply and cere-gaadopted during the early days & the republic iU the hands of the clock above the American eagle immediately be-jthe chair of the chief Justice to 12 the court crier’s gavel down and those ibnnight heavily courtroom rise to their the in jeKed PYom a t and silence reigns the north Justices the to fax and as the chief Justice en-r- n me courtroom the crier an- -' coerces: “The Honorable the Chief Justices of the teilct and Associate Court of the United fcnr erne euiea" Robed in black silken gowns msy solemnly approach the bench md upon reaching their chairs they oad vhile the impressively spoken Tcrds of the crier are distinctly jseard throughout the courtroom: All persons Oyez Oyez Oyez! before the honor-- m business titfcg court of the the supreme Coned States are admonished to zy sd ap-oa- ch -- near and give their attention Ood the court is now sitting save the United States and this i-a-x fst venerable court” which ha been to its feet while the Justus filed In sits down again IMPRESSIVE EVENT Xo real citizen can witness the apesfcg of this high court without Tie audience frocgfct f y--g the aura of moved by impres-irrese- ss The tour-- si composed of school children teeymocners tired men and wom-- c vho wait outside the courtroom ioor for a seat are prepared to be And they are not to be repressed which prevails appointed because these nine men are dignified aloof keen cd reflect a sense of power and robed listen In the dimly lighted room &ey loom up like bulky Buddhas In tdr black robes Here It 1 poe ciU to feel the majesty of in the hands it placed the cords the -- -- i case As - 4 t con- ducted in a serious and decorous manner but while Chief Justice Taft was the presiding officer the ‘ 1 ce W Davis former ambassador to England and Democratic presidential candidate in 1924 And last year the case of St Louis & O'Fallon Railway Company vs The United States was argued by three members of Taft's presidential cabinet This case has been said to be the largest lawsuit in American history On the result of it depended the validity of the method adopted by the interstate commerce commission in placing a value on American railroads for rate making purposes and recapture of excess earnings In deciding the case the court held the valuation scheme of the government invalid because due weight had not been given to the element of reproduction costs With the appointment of Mr Hughes to the chief justiceship there have been eleven chief justices and sixty-fiv- e associate Justices including those now on the bench Hie first chief justice John Jay was appointed by Washington and served from 1789 to 1795‘ John Rutledge was then appointed in 1795 during a recess in the senate but was rejected when his name was sent in Oliver Ellsworth served from 1796 to 1800 and resigned to become ambassador to France President Adams then appointed John Marshall In 1801 From that time until 1864 there were only two chiei justices—Marshall who served until 1835 and his successor Roger B Taney who remained on the bench until 1864 The chief Justices since then and their length of service is as follows: Salmon P Chase bight years: Morrison R Waite 15 years Melville W Fuller 22 years Edward D White 10 years William H Taft nine years and Charles E Hughes who has just been appointed chief justice FIRST ORGANIZED When the court was first? organized provision was made for a chief Justice and five associate Justices The number of associate1 justices was increased to six in 1807 to eight in 1837 and to nine in 1863 An act of congress in 1869 reconstituted the court with a chief Justice and eight associate justices or nine in all as it remains at the present time Sturdy UTMOST SECRECY The utmost secrecy surrounds these conferences and the preparation of the opinions No one but the Justices themselves are allowed in the conference room while they are discussing a case No one except the Justices and their law clerks see the opinions while being prepared Some of the Justices dictate their opinions to a stenographer while others write them out in longhand and send them to the printer in that form The printing of the opinions is done by a small private firm in Washington instead of being sent to the government printing office where most government printing is done The opinions are split up among the compositors so that no group of paragraphs gives a due to the decision The beginning and end of the opinions is set up by the- manager of the firm who also puts the paramakes the final graphs together and - corrections There have been a few “leaks" as to how a case was to be decided but not from negligence on the part of the printing firm Xn 1895 the entire digest of an Income tax case was printed in a Chicago newspaper two days before it was to be delivered by the court In 1919 the of justice stated that it department was leaks Offering l°c Prompt Service i FERN SHOP - Flowers - Phone 905 MljidiiMo j Martha Washington Candies i 420 25th St " i These hose are made of silk and rayon and have mercerised torn and heels to give added Wear They come in a P A E M R T E N OGDEN’S GREATER SHOPPING CENTER T — S T O 22ND-23R- R AND WASHINGTON D selection low-price- t VALUE EVEN goods from every department of the store New fresh stocks for summer and in range to satisfy the needs of everyone in our community j d a i Be Sure to See These Values! 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Whether you prefer an or a pouch fcspe you will find more than one to Please yod fabagthis V $298 By their novelty handles you shall know these umbrellas they have self --striped or jacquard borders and b frames 16-ri- PuroSilk NEW SPRING Scatter rug size for living rooms and Hosiory HATS ' '' 98c c and 25c 98c The modem weaisff ti such a clever shopper T that she will recognise this pure silk hose for S$e as an outstanding value immediately Dressmaker’s Supplies For the Spring Sewing Program khaki with non-breaka- bie the Union Label on every shirt H'' I'' TlBig Ajy Work Khaki Pants Low Priced Heavy weight cotton socks serviceable FjYf Well-ma- de la assorted plain colors pockets cuff bottoms I 2 for 35c t 98c $398 ' No less feminine and charming than the new dresses are these 'Spring! hats o! new straws light weight felt r for 25c w Ox-Hid-e : Overalls for Boys 69c ' I Our Spring assort-ment includes the tmart new fabrics In patterns' and colors to suit every taste -- - A' FinS iviwivun v vv m miimnm Safety PeaimaM Hooka £S Eyes Penimaid Hook & Eve Tape Peniiaij Fasteners blade and white Penimaid Fasteners blade7 and white Penimaid Needles Steel Crochet Hooka Thimbles assorted Tipe Measures Solid Steel Shears assorted tTlw‘ A 4c SZScl Be 4c and 8c 4c 19c Sprlno Cap ' 4c 4c and 8c A r 98c These earn are made el lined with leather fore head protector andrub her riser i ' f Of durable materials seat Saves Mother's time r drop I 79c 7 i combed weigh V: 49c k 9k P Grit i W For Heavy Dufy Wean $1?8 f 4 1 ill " ’ Sis Sy !! r is! if- j These are the trousers that men wHti durability buy They’re If made of sturdy black and white striped moleikin that wiH wear like iron Five pockets! gfve you Enough room to carry Made with belt necessary article i f oops and cuff bepoms !ii § !' ? I ! $398 Spring hats that are pleasingly different Styles are smart — quality and workmanship is above the average f - Hats J fine woolens' silk serge 49c 4c fiefead 12c ' I Athletic cotton £ J" Marathon 4c ! 8c 4c and 8e - For Boyr) Play Stints This price group consists of shirts' that represent distinct values and szv- Ings Patterns art varied and smart and inclination I- Union Suits' “True-Blue- ” i$l98 98c -- V underwear for men A large election each garment Heavy blue denim strongly sewa and fully cut 4 to 16 Broadcloth j Shirts Neckwear ys Shits and "Shorts’ ?e or straw and felt Spring l9c andj89c ' ad-t-- rd ' Men: Soft finished nainsook Knitted insert across back v THE MEN'S STORE OFFERS L’ f if I For Medium we!ght camra gloves with knit wrist “ r - Union Suits Work Glove 3 p - Ro£my and welt made with stripes or visor 25c UMBRELLAS envelope ' 1' “Nation-Wide- ” Tapestry Rugs Sire 27x54 Colored Border - Pay-Day-” Style Cap THE NEW Spring assortment Turkish Towels I Work Shirts ‘TayrDay” Conductor cr $298 j v 1: dainty so cool and so inexpensive chemise' bloomers pan ties and step-in- s tailored or trimmed Handbag 19c : It triple-- bar-tack- ed stitched A Now ' Inexpensive! Buy a strpplj Bow at this thrifty price! y 80x105 inches Cream ground Fink Bloe or Gold stripes bigjvings "WizcL Wizard Brand Stripes ’ ) r : and elastic leads the figure along smart lines Pillow Cases T A low-price- - Overalls BecauseThey Stand the Test of! Service n 1 Underwear 98c A popular 'girdle for the average figure is one of a fancy brocade 89c 19c— 29c—39c two OF BROCADE 81x90 Sheets ard” brand Thriftily I Jackets with engineers' cuffs to match! Every Pay-Da- y Overall or is Jumper made to our own specifications A biglvalue at the low priav for overall oijjumper for! men— t - I 5 t i ) ‘ durable Of 2l20 blue detmn cut big and roomy elliorerj six to prevent ripping Every fpayfbay Overall bears the J Union Label Rayon ‘$l98 Size before hemming Scrims and Marquisettes In plain and fancy figures Yard— White--— Yd' At Low Cost! Sheer end Dainty 98c A GIRDLE ma- 33c 93c “Pa Drop in and look over our ‘advance Spring Stocks You will find them fully representative of our expert buying power in securing quality merchandise at real savings to you! Mercerized ’ — a Shopping the Sure Way Batiste Curtain Sets ? ! Millions of jWo £v Modem! Gay! New Cretonnes V '' ‘ From coast to coast In over 1400 stores the J C Penn?y Company preparations for the Spring season have resulted in securing the newest and smartest styles the dependable as always in quality all at "low prices that will 'effect generous savings to every family! ' Thousands of busy shoppers come here where they are assured of finding quality merchandise alert and attentive service and low prices that mean growing bank accounts for them! 13V2C Fast color £ ot Any - f ORE-WID- E he f- - Loans Mortgage Amount I cross-bac- k -- -- Et and The Bigelow News Stand 49c - - -- The Leonard News Stand s Jus-Io“- Jc cr Keeping” Will appear in The Christian Science Monitor May 5th hrough June 14th On sale at t Phone 664 "Is Prohibition Worth & Fancy Socks English suspender style Belts of full cowhide in grain plain and' two tons effect- s- cell-ratten- ed f-Ta I A TIMELY SERIES Suspenders end Belts 49c oach -- c4a- I t cham-SerDtai- I - -- i a rule the arguments are -- ed court Recently Senator Borah got a laugh out of the court at the expense of one of his colleagues He appeared to move the admission to practice of Senator Glenn of Illinois Under the rules Senator Borah was required to give the qualifications of his- colleague In so he said the Illinois senatordoing the bench had One lawyer trying to Impress the filed his papers with the clerk court with the weight of his learn- adding “I believe them to be in form” ing several times inadvertently ad- good "You seem to express some doubt? dressed the gowned justices as "gentlemen" Becoming aware of his er- Interjected Justice Holmes who was ror he humbly apologized express- presiding In Chief Justice Taft’s abing his hope that their “Honors” sence The justice smiled as he would excuse him Chief Justice made the comment Taft quickly assured him an apology "Yes” replied Senator Borah "bewas not necessary explaining that cause he Is a member of the senthe members of the court claimed to ate” The jibe was greeted with be gentlemen laughter Prior to 1859 the courtroom was Another attorney with & large voice was ranting and parading at the scene of famous legislative batthe counsel table not more than tles and since that time the drama four feet from the bench Finally of supreme court history has been Chief Justice Taft leaned over the enacted there The supreme court bench and in his affable way ad- cases which have occupied the monished the lawyer "that It is pos- pages of American legal history sible to speak In such a loud voice from 1859 down to the present time that we cannot understand you” have beep argued In this chamber Expresslnghls regrets the lawyer re- and the important cases have sumed in a modulated voice but brought together the outstanding soon was in full sway again legal talent of the nation from time to time In two instances Charles BORAH GETS LAUGH ' ones E Hughes who Is now chief jus-tlcounsel are’ Sometimes the to banish - the solemnity of - the has been arrayed against John pect to have trouble Recently counsel for a railroad company presented their case so poorly that- - the court criticized them in the opinion of the case saying: "But his argument here was so inadequately prepared and exhibited such lack of familiarity with the record as not to be of assistance to the court and in the argument of counsel on both sides there was a want of that candor which is essential to the proper and adequate presentation of a cause in this court The occasion seems appropriate to remind counsel that the attempted presentation of cases without adequate preparation and with want of fairness and candor discredits the bar and obstructs the administration of Justice" However in spite of this criticism the railroad company won Its b hi-sr- t was an Irishman and my mother a ancient tradition of solemnity was r ' somewhat dispelled by his infectious chuckle and hearty laugh His PREPARATION NEEDED bent toward the humorirresistible If an attorney has 'a good case ous encouraged 'which associates and is well prepared he is very the most serious his arguments of counseldom bothered by the questions of sel have been Interrupted by laughthe Judges but If he has a poor case or is ill prepared he can ex- ter caused by some remark 'from woman" punctuation to a discussion of the principles that may be involved In the case These copies of the ions with the suggestions ofopinthe various Judges are returned to the writer and he uses such of them as he may think will improve the original It may be for him to recast his wholenecessary At opinion the next meeting of the conference the first business is a call for opinions which means that the Judges who have written shall an swer whether or opinions not they have i majority for them as written and if there is a majority for them they are announced at the next session as the opinions of the court” of these men which bind us rather as a great nation These JsUces consider determine and by Kerne the principles-upowhich Investigating alleged scr American institutions are fonud-- et which speculators were attempting and daily decide matters lnvolv- -t to profit in stock market transacthe liberties and fortunes of the tions and the grand jury later reAmerican people turned indictments against four men around Grouped the counsel whom it charged with "conspiracy ailes in the courtroom we see to defraud the government of its rljoiarly In gentlemen morning rights to secrecy concerning the ccau and trousers ready opinions in advance” striped a present cases They com from Monday is opinion day and such £ parts of the nation and may be opinions as are ready for announceiev to argue cases Involving the ment are delivered at that time FolPodon whether street car fares In lowing a custom of long standing Ea'dmore should be raised whether each Justice reads the opinions t ETderer from California should which he has written Since no incondemned to death whether a formation Is given in advance as ordinance In Cleveland is to what cases will be announced TVd or whether tapping telephone lawyers and newspapermen gather is a constitutional method of to hear the court deliver Its deci4kc dng crime sions To cover the court is a difIke room in which the court now ficult and responsible assignment for chamber until newspaper reporters They must f vasHerethe Insenate el work with great speed and be able this historic Webster held the throng to get the gist of an opinion from on the senate floor and In hearing it read In court which at -- e gallery under the spell of his timesis done in an undertone In the well known tax case of Els And jaecou and majestic voice e it was during 1850 that Clay ner vs Macomber which held that Calhoun tried to settle the sec--- al the government could not levy an dispute over slavery and state income tax on stock dividends witha newspaper and where Brooks wielded his out apportionment cane over the skull of Charles correspondent flashed an erroneous krer to New York concerning the lb courtroom is semicircular In report result of the case which caused a doomed large leases in the stock market lferrent with to the walls of the WORK IS HARD room - The work of the court Is much of the cylar portion tf the busts of former chief more confining than columns of Potomac harder and The court form a loggia supporting a most perrons realize in Octofirst convenes the Monday iff7 x? the east- 111 front of ber and usually adjourns the first is the bench con I" columns for the summer °I a raised platform on Monday in June this months period OctoDuring are placed nine comfortable court hears oral the to June ber chairs weeks or four three for arguments in front of these at recesses for then and time a is a desk extending the full z of Because weeks or four three the tnch upon which is notion widely recesses the these PP their dockets rec-T- entertained especially among 17 chief Justice It is a very leisurely kind ire chair in the center and menlifethat the Justices of the suthat of associate justices are seat-eac- il lead But these recourt preme slde According to cesses are the times when the jusImfisi do their closest and mostweeks 4 I3-15 docketed it is giv- -i tices are the work a cumber for they portant by the clerk of the in which the opinions are written and most all cases are given Many times it is necessary to closei“frat!rr by the court accord ly examine the' recordorinsixa case rumncal order Since the which of five laige for itself whether volumesconsists a mass of statiswith t T T&rdAC!d? filled oral Argument of a tical data maps and charts There many cases are are at least 800 cases on the docket tjyf u merits UItbout oral argument cases are year and before these'examines written opinion If each Justice each of f:r- -s disposed that certain cases the record and briefs in each case EaS by it they are Most of the Justices work steadily calendar for oral ar-- a out through all the case is called for day in and day Is a well known fact recesses It a Pctnted record and I— Chief Justice Taft even nearvXr‘t:i are Paed to each that to the time of his resignation ‘ c’eric of the court ly up Px his was in study early in the mornthen follows and and p‘lCh sde of the case ing and late in the eveningWhite avkm-Justice Chief late the :o ore h°ur unless that y he was “ ls etven turned night into day when court the by case on an r : important ke isad?-- s particular lmport-t!m- e working Counsels are allowed one hour to Siven Argu-‘eabut their side of the case conpresent week-daexcept is time this of much ir r'jrn 12 tintil 2 at which often r-- ’ecesses for by the Justices asking queslunch sumed fie v‘V lawthe case To many about to the robing tions court for :r attendants serve yers appearing before the cch of vigthis time practice v-- ? resume the the first ' 'i0 the:’ and adjourn for orous questioning is aperhaps quite y lawyer who annoying Recently case before first was presenting his OaJ? '0TE ON cases the court became so nervous when at n°°n the justices the Judges began putting long Involved questions to him that he was unable to give an Intelligent reply and merely answered each query by course saying "Yes Your Honor that’s exJ‘rrnce chief Jus-'- e actly correct” On another occasion Th Jy the in a confer- - an attorney from the west had spent is by Iormer Asro-- most of the time allowed for oral as follows: argument in answering questions 04115 thc propounded by a member of the H tha‘ ha‘ beard during court When the Justice realized of ft tnei' f?'eek’ and a7 mak-- that he had consumed so much his facts the lawyer’s time he expressed atpec- - £ £hat he thinks the regrets and apologized But the fOilOWS torney not being perturbed prompto' A?e cas- - Sometimes a ly rejected the apology by saying: it is short That is perfectly all right Mrut maied someand Justice HI get through my argu-Bis o when it is con ment somehow because my father n - THE OGDEN STANDARD EXAMINER Dignity Ponp Reign In US Supreme Court Scer i L 9 t I - i - |