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CONSERVATISM OF THE COURT
It is well known that the judicial temperament tends toward settled habits and abhorrence of innovations. Employees about the Supreme Court say that the justices are extremely regular in their habits. Most of them order the same thing for luncheon every day. The writer cheerfully violates the confidence of a gentleman in a position to know by divulging that the former justice Hughes— who
Chief Justice White is very fond of walking, and foots it to the Capitol practically every day, even when the weather is inclement. He lives on Rhode Island Avenue, and is usually joined on his way by justice Van Devanter, who lives on Connecticut Avenue, and also believes in pedestrian exercise. So regular are these two justices that very seldom does either have to wait more than a minute for the other at the meeting-place.
In the court-room itself innovations are very rare. The same procedure is followed that was followed a hundred years ago. To this day freshly cut quill pens are laid daily on the tables reserved for the lawyers. When a new carpet was needed a few years ago, great care was taken that it should be of exactly the same shade and pattern as the old one, lest the justices might be shocked by any change. The furniture is all very old, and from time to time it is reupholstered with the same fabric and pattern as that originally used.
Aside from the migration of 1859, which has been mentioned, it is said that there have been only four substantial innovations in matters connected with the court since its foundation.
One of these, tradition says, was due to a lack of reverence exhibited by Henry Clay. Formerly the judges sat at a bench which was on the same level with the bar where the lawyers stood. While Clay was arguing a case, one of the justices placed his snuff-box on the bench, where it would be handy in case its contents were needed to aid judicial ponderings. Clay reached over, helped himself to a pinch, and remarked:
"I see your honor sticks to Scotch."
He then calmly continued his argument. Nothing was said, but shortly afterward the bench was elevated to its present position, so as to be out of the reach of irreverent attorneys.
Another change is that now a recess for luncheon is taken at two o'clock in the afternoon, whereas formerly the court sat without interruption from noon until half past four. Before this alteration the justices snatched any time that was convenient to leave the chamber and take luncheon, as do Senators and Representatives to this day. The change was made because the lawyers complained that their arguments were interrupted, and their most important points were often missed by one or more of the judges.
The third innovation was a concession to the ubiquitous newspaperman. Formerly no one in the chamber was allowed to take any notes, or even hold a paper in his hand, during the sessions of the court. Now, however, reporters are allowed to take notes of the proceedings. When important decisions are rendered, a whole corps of reporters may be seen on the left side of the room with pencils busy.
The fourth change was the admission of women lawyers to practise before the court. Mrs. Belva Lockwood had the honor of being the first of her sex to secure this privilege, and she argued the cases in which she was retained so skilfully that there has been no objection since that time to the admission of qualified feminine pleaders.
Perhaps the next innovation will be the admission of a woman who shall take her place on the bench itself as one of the justices; but this does not seem imminent.
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