The San Francisco call. [volume], May 29, 1910, Page 11, Image 11

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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The San Francisco Sunday Call
OUR HIGHEST JUDGES
AS
HUMAN BEINGS
WHAT'TIMEM
ASSOCIATE JOSTICES'DFJHE
UNITED STATES SUPREME
COURT ARELIKE
WHEN OFFiTHE BENCH
Tbe ereneral Idea Mcema to be
that the topmne coart of the
tnited Males ts made up of inper
mi-n, bat— Well, there's Justice -
Harlan, who in partial to Ken
tucky's famous institutions and tbe
very humnn same of golf — Hovr
Chief Justice Fuller showed ; his
humanity by plotting to confound a
\u25a0hren'd lawyer who was using the
•upreine court decisions to play the
market — Justice Holmes shows his
red blood in his vigorous language.
—Tbe Moody game of cards that
President Roosevelt Interrupted—
Tbe baseball "crank" of the bench
and his two brother "fans."
E. J. Edwards
THE supreme court of the United
States, which is just now very
much In the minds of the people,
owing to the important \u25a0 questions
pending before it and the shifting
personnel of the bench, is said to be the
most dignified body In the world. It
!s looked up to by young and old alike
as the bulwark of the republic, and,
perhaps, there has grown in the public
Imagination an exaggerated Idea that
the members of the court are some
thing more than mere human 'beings.
As a matter of fact, it can be said
\u25a0without fear of contradiction that
; while the members of the supreme
court are always intent upon upholding
the dignity of their official office . and
upon rendering equal and exact Justice
to all applicants for legal relief, .no
more human men control the destinies
of the nation and of each individual
citizea in it than the. present occupants
of the supreme court bench of the
United States. In private life they
have their fads and fancies the same
as other men, and as exponents of re
fined wit and humor they can mora
than hold their own. Some of the sto
ries told of present members of the
court serve well to Illustrate the fact
that while on the .bench they may
"temper justice with mercy," they have
little "mercy" on those who cross their
paths outside of the courtroom. Nev
ertheless, the justices are not prone to
advertise their ability at "repartee, and
the fact that. few of them rarely jsver,
appear on public occasions, except of
=ficially, make supreme court anecdotes
k. rare jewel among those ..who relish
bon mots.
The Justice of Many Stories
More stories are told about Associate
. Justice John M. Harland, the oldest
\u25a0 sitting member in point of service, than
about all the rest of the court put. to
gether. He is recognized in Washing
ton as one of the most human men in
Voublic life today.
X Back in IS7I, or six years before he
took a seat on the supreme bench.
•Justice Harlan was at' the zenith of'
his political power in Kentucky. - He
had been mentioned for bravery at the
battle of Mill Springs, Kentucky, which'
effectually wrested that state from the
confederacy, more than' 10 years before,
and had also served the -state as at
torney general. In that year he was
nominated for governor by the repub
licans of the ', state against J. B. Mc-
Creary, since senator;: who was ; his
great personal ; friend, although of,' op
posite political faith. • The pair, stumped
the state together, speaking from the
same platform . and. traveling in« the
same conveyances.
One night they" reached a mountain
hamlet on muleback,' to find all the
beds in the local hotel occupied, save
one. It was therefore necessary, that
the two rivals, should, sleep together.
McCreary was a man of average size,
while Justice Harlan is a man off gigan
tic stature. McCreary was first; to bed.
As Harlan blew out the light and : lay
down beside his rival -he i remarked:'
"Mac, the next governor of Kentucky
Is certainly going to be iir this Jjed to
night."
Just, then the slats of :the frickety
structure gave way and Justice Harlan
fell on his head on the "floor, while
McCreary went down in the i midst of
the wreck,, the collapse of the head and
foot boards adding to the general hub
bub. XOr sooner had Harlan . gained
bis senses, however, than he heard Mc-
Creary say from the pile of bed clothes
and timber:
"You are right, judge. The next
governor of Kentucky is still in bed."
Some of the best stories \ on : . Justice
rfarlan* had. their origin •on \u25a0 the golf
course.^ On one occasion he was playing
with a friend,, who, driving \ off .from
the home tee, hit a. cow, in^ the mouth,
with the ball. To his great alarm,, the
ball failed to reappear, and the friend,
undertook to . make the \ cowj disgorge
by pounding it on the back with his
driver. The \ cow, ' not understanding
this treatment, took to its; heels" across*
the course and finally dropped .the' ball
on the edge 'of ' the" green -of the.holo
toward which : it was being 'played.> By j
an extraordinarily good \u25a0 putt Justice
Harlan's opponent: holed"/ the >ball and':
calmly awaited the approach ) of "his.
rlvaL Justice Harlah flnaliyi holed 'his :
ball, when. Ills friend remarked: "
"Well, judge, how'many strokes did",
you taker'
. "I took eight," ; replied • Mr.-fHarlan. ; : .
"Well, I made It \u25a0in > two," " said ' his '
friend." ',v, r.-.'^C* *?-"'\u25a0 .'\u25a0 '. '/.'\u25a0•;/\u25a0 \< " -\u25a0/' \f
"You \u25a0 mean" 32," • replied :the Kcntuck
ian. -\u25a0\u25a0.. ' ; ; ;/ \u25a0 ; ' '- : 'h? ' ;
"How's that?" asked, his rival. ;\
"I counted one ; for every beltVyou
gave, that' cow," was the reply." . . *-'
Justice Harlain's Great \u25a0 Hobby
It 'Justice Harlan has any" one' hobby
It is Kentucky and all it contains." It
' is\ said in^ Washington .i that no Ken
tuckian can ask; Justice Harlan for.' an
indorsement for any office without get
ting it. At' the present time Governor
A. E. Willson. of /Kentucky Is 'the apple
of Harlan's \ eye, and nothing' would'
please the justice better than .that the
governor should succeed him upon the
supreme court bench. Incidentally,
Justice Harlan is partial to Kentucky
"institutions." ..;.-•? -."'^''J: 1 ,
While riding down from the capitol
one day he had his_ cogitations inter
rupted when" a woman got on the car
at Center market. She wore "a' heavy;
coat- with large 'open, sleeves, in which
a small valise ; might easily have been
hidden. Passengers on. the car noticed :
Justice Harlan sniffing ithe / airvwith
. greatigustoV. Finally, bending forward,
he was. seen to look : up the Woman's
sleeve nearest him. T :. ' . ' .: .
"Madame, is , that -mint?" /"he 1 was
"heard to .say. ';-..' - :
The woman, recognizing, the* justice,
replied" that it was. .. - : , \u25a0',-\u25a0-.''\u25a0'
"If -I had it -I knowjjust what I wo\ild ;
do: with /It/,' said the'f justice,' smiling
tto'himself. : ; "'-. " \u25a0\u25a0/-\u25a0-\u25a0 %
• No sooner had- this remark been made
than the woman took a<large bunch of
mint from. her sleeve and divided itiintb;
'two. equal, parts, one- of .which: she;
handed to the justice. ; ; Mr." Harlanj. was \u25a0
..observed 1 to.accept^th'e' proffered 'gift
. with^thanks.-V He; put • it\in^ his .pvefcoat
. pocket and,; reaching behind^him, rang
the -. bell . to ; stop the ; car ; and • lef t " it at
the next. corner. \u25a0\u0084',.. ! '''•\u25a0'\u25a0 ">\u25a0 ' '/\u25a0'"'\u25a0
..Another';: friend '\u25a0> of Uhe' justice's ; sent i
hlmia^case "of rfin'e 'old "'Kentucky 'bbur-.
bon;*-. Harlan-; did; not see r .the } friend
again . until- he Vwent to "church fol
lowing. Sunday. : \u25a0•After; church' he hailed
"the donor;';. ;with;U;ThatiJ was Jfln'e^—* 1
Then, seeming; to realize. whoreih^. was,'
Justice.'. HaHam -added; \u25a0 hastily: r'VThe
sermon,l mean." \u25a0'.*; '.':, > - ; ..r"r.y.V. '
>It is •: said tth'atV Justice Harlan » has \ a
strong] fear : of death. \u25a0-;^yhether,'the if ear .
actually .exlstSijOr^not, Tit' nevertheless^
afforded .the JusticefPeckham, 1 " who ,
* was a*democVat;faritopp6rtu\ity^to:open '>
' ai.cdnversatlon] along' this nine .with*hls
''colleague./.: .\u25a0 \ : ' \u25a0 -,' ; ;> \u25a0'_ '•'". v ; ""; '.'- t -V ;,S'^C-'
;\u25a0" T "Why]is-It,^Harlan,\^heTsaidf6ne'day,:
•,"that:you,'whOiafefsuch.'aygopd ! Presby->
' teriah, have' such \u25a0aUhorror/of /death T'£>£
'I Justice y Harlan ' • looked * af/him <cr it- .
- Ically , ; for; &j moment fand.' replied : f ;\u25a0 \u25a0 .-.
-.Xv'To "^tell 'you i the ), truth; iPeckhatn, 1 1
- ani .afraid - ; I ? might? land' Jn ; democratic ;'
headquarters* after;- I> p'ass;- ' over. \u25a0 the
iriver/V.-i'^v^^'^^r^';^!^-!"..:^".'/^ \u25a0•"'/..-''.\u25a0 '",-'-'." \
i-'^'rHumphlv^wSis-tn^io'hly/reply.^ouch-'.!
:'saf ed" .by.; Justice"^ Pefckhani.'V"; ':• \u25a0'-^''•s.i ;_V; ;
i ;. \u25a0 Justice j Harlan'- has^ serv'edlon » the { su-'
;preme'^ bench'; longerK than;? any.?,'othjf;
man,' 'save;~only. t J6hn jMarshall.f J. > Story/.
: ;and > S. y^J.";FJeld. : v;";-He^is'";sald{to'. i be*onel;
of jthe ;;few "members \ of supreme I
'"court f who ! brctugrht ;,<; ,< a host *of I friends \
with ihlm;to -Washington; to, back^up";hisf
;.appli*cationffor^thevjob.':sßoth|lie.2'and»
Chief i Justice* fuller fare jshlnlhg- exam--:
iples of 3 the' longevity: of i. those whoVsif
upon the.supremejbench." ".. ? - ...
/a] Lawyer
.Chief :; Justice > Fuller, ' 4 who , in:* many;
.ways; is - theydlrect] antitriesis f of ; Juiticel
: Harlan;vhas.no;;particular,yiiking^for.'
doings things * whichTattr"act^public*£at-5
: tent ion iof i hisf decisions fefronil
.th"e"r bench.* fHe -,-, likes*;; quiets dinners i
".where < thejcbhversatlohl is ! - of f thVf solid »
\u25a0\u25a0 an d]pr of o un<t t y pe.l and ?i n ? s uchYgathe'ri^
' h'es is^a fe j conspicuous jpersonagesln'-{
Jdden tally,. he;has ''scruples i'aboutVwo'rk-i
•ingiohvthe^Sabbathtday.'fandtitUsrre
rcorded^hatxoh^onefoccaslbn^whe'relltl
•w-as ff. absolutely,^- hecessar»'"|that^the^
Jprobf rofjajdeclsionfshbuldjbeiready^forj
'the? Monday/ morning" r | session Vi of /the"'
f. court, he .turned^ It over to: his secretary j
;'to;retfd.v..'.Vv - : _;'V. .-;"-.': .\u25a0 . \u25a0'.;.'\u25a0 \':/^,y':
• \u25a0-<=A:yeari ago Ulie "'chief 'justice fooled^ a ?
j Washington ? ; lawyer .who ' hadebeen : in'*:
. ;the • habi t "of i playing.^ the \u25a0 stock j market *t
;on supreme; 1 courtideclsions.' a.nd' v h'etdid\ J
:it''in;such-a:neat\mannef, : that s even,the.^
' court have ' ; not; yet; beenf able;'
."• to^figure {out "t whether"! th'e justice -krfew ;
.what^was; going,* on:!or riot: ::-They;pre-v
; .sume,'., however, \ s \, that.',, Chief , "Justice?
Fullerl;was :i using; his ? eyes to ajgood:-;
purpose^ and .blocked, the.
.\u25a0game.J,^^.;^ ; :;, />--;.:.;.. \u25a0 ;,- ; .'..:', | .^\%
i .When, .the -^Consolidated ~ Gas fcase "*
',from^New .York? city >. was /decided- In :"
: f ayorj of f the f people j sit ; a i previous * si t-^
Ulngiof stna \u25a0 court habitues : of court -o'
/room^noticedf the?; : lawyer: ' in' question
; rush'"; to; a r telephone * and - he « was ! over- 1
|heard*ordering. his "brokers to sell. liOOO
shares.^, of *'gas \u25a0 stock c f 0r...' him j at ' once. *
\u25a0lTh"e'fesult;of .the deal J.was*a',net]pr6nt*
Ito/the lawyer 'Qf|sl7;OoO.^ s The;nextfdayP
i everybody; • about the * cour trobmY UriewV
i o if ; the f speculation 'and • i ts ; outcome,. \u25a0;•; t'*
, . r'A t f ew .'days v ia'terXthe.? gas' company-:
• nled'JaVpetitlorivfor^a^^
"lawyer, ' r belng*(well /acquainted 2 with*' the:^
• decisiorislof itheTcourt;> recalled- one'i re-
I la ting >to' a.}, southern "water \u25a0 company^
\which deemed k to-be ? on r all \u25a0 f oujrs '.with*-;'
. : :theTgas|,case.T;To;make:' certain the ;was>
?rlght,vhowev'*er^'her: T attended^couft,vin-"/
V tending "to * use : : the telephoned again *if -
Hhe^burti decided j'asi he? 'thought:; itf
r,wouldr;^He i ; listenedi."allV;day^without »
; hearing ''a; iwdrd. ":*" As -lie .left^the) courts ' 7
- room-late *in^the^afteVno6n,;'whenJthei
?stockTmarket 4 had, closed,' ho i.heard'fthatV:
\u25a0 t the^ petition ?had ybeeri?: denied ; i s but\" the ?
'.arinouriceinent^ilnstead'-of pbeingirnade*
' from .itheixbenchTvhadSibeen- handed -to?
-theVchief-'cle'rkYby/ Chief * Justice: Fuiler>t
i and?: the . ; former^; had* ?ca'ref ully* T sUm-^
5 moriedi; theY ne^tspapermen'; to * his prl-g
\u25a0 : vat£ ' office : and: gi yen ? them ' the inf qrma-i
vtlon - . to! - be^ : sent"' to \u25a0 * the \u25a0£ newspapers^
?.,Whatl tbTe § lawyer.^ said J about } the ? coup \V;
fwould;nqt^look^weli:in; print. -\ - ;
'T;fAlthough^thei'jPa'ctl-Is^not '•'; generally 5
\u25a0 kriownr?itSis,^rieyerthelessl true .^that^itf?
•; was'-^ Chief 3[ Justice j who 1 put \a>
> stop'? to vtheißooseveltCpropaganda jf or^
fphorietic/spelling;sojfanasihjsfc6 r ordl r 3
§nate|jbjpahchypf/s.theJ|governTOehty A was^
J cpricerried;K-i Ohe< u jday,i Solicitor^ General^
*HehryiM/-Hoyt ! l madejthe i bpehlrig?argu-'i
•| ment^tolthe? supreme ..'court Uh | a^landl':
/case. * ; By; the order] of JPresident * Roose-'J'
I yel t/ f. al 1 Sfdbcuni en ts % pr In ted % f o r^; the!'
,phorietically.;
I Justice JFuller|happened|tbVpickiup^thets
vfTomirtheTdepartment* offjuatice l.toithe |
*eoverhment>Jprintihgi;qfflce^.Thelflrstß
l thing.- that .struck ; his r 'eye^ was "a;; re.-V
.ported literairquotation'.from^a- decision.^
jof -the? late -Justice Bradley,': in '/.whicht
- the word '"through" \u25a0' had * been ' spelled s
IVthfii/'^U .'\u25a0,,'\u25a0:"\u25a0/:\u25a0'\u25a0' '-y -'^ . ; - :: '-.' - "•...\u25a0•".\u25a0\u25a0\u25a0';
-^."Do 1 1 ;uriderstand"you;tb'say that 1 this
-^purports lto .be . a : literal ; quotation I f r9m I
'jthe^opiniohuof :•' Justice.:"Brad}ey?"i^jsald
\u25a0iChief.VJustice; Fuller,^ sarcastically,^' to
I Hoyt; V who i,» caught?the 1-'1 -' of t Jus-"
\tice;F.u.ller's?,objection>withoutJturther.
'.' ado^-and jpromisedtthat^tHe^^mistake"
Would ,;hot :. be.? repeated ; again.' .'\u25a0 •*• -\J
£"fSho"rtlyi afterward; the'housef of ,repre-j.
i' se.ntativesj plucked vup' ; \thei codrage'* to 7
;.vote-J down^phonetlc^spelling *in;'.the:
; legislative f branch ?~off the ': gOYernraerit,
"'and'-' * ; thereafter T2T 2 President .\u25a0rVßoose velt, \
: although % stickin g. to"!.; 1 1 < himself/;, per.- :
mltted; his' subordinates-to ! s pellf as ;
\u25a0 pleased/; \u25a0\u25a0 ;.J;; \u25a0„''.-;.-.\u25a0/; •; • S'H^v'h *;'- \u25a0.*'./;: :
Vigorous Justice .Holmes .;^ -'\u0084,- ,: f -;-:
« -iOf ;> the\two; New- England \members"; of -
;-t£efcourt.VJuStices^Mo6dy. ; : andiH6lmes,-7
iitr;ls : rsaldybfMthe?-latter.jthat^he^has;
r taken' ,• hiss* fath*er's\brilllant .'career.^ so;
: 'much'- 'Uo'vHeart/ 1 hey has.? made J himself
-"pretty -much 'V unlike) his 'sire fJhKlobks.
\u25a0; arid i in]the 'polish; of his, manners. Close ]
•friends of 'Justlce^Hplmes'areiauthoVity'
'for "the' 'statemerit'otHat ;*;he'
;'says^ari'ything-/int i public Jof 'f extraor-'
• dinar yi- wit VorV humor Can -f;i expression ?
\u25a0VpassesVoyer^His>fac'e;£^hlch;-yseems_<.to_*
'say fC"Gee> whiz! "that; sounds itbbimuQhi
;iikejf^ther. ! iil!must|nbtidptthatiagaln."j
-«/ Neveftheless,** It Mr.V ! Holmes : Jis?perhaps?
\u25a0 ; the 'freest* and; easiest <talker, s ;fr6rnithe'
! anyTof^bl s rcollea.gues,';snd7heJ
•i s I no ted fas ' : a j mosts t *,y igo r'o v s { ta Ik er£i n -
?TprivateYconvers£Lf ibri uwheriHhe* is Von^ja !
\u25a0 sub jectiinyvvKich i he : is^deeply^iriterested.",;
r ani'artist^of^riatio'ha"r;
*- t repute,^whoiwaßApaintirigihlsJpicture,7
\u25a0> happened *'to\tell r Justice £ Holmes t' that fa -
*frlend^hadrilpst^hls".wifeYshbrtly/afterJ
Kthelbirth^ofV.theirjfcHildlayd^thattth'e?
Vwife's-rparents,; insisted ; ithat;:the.&baby}
•ishouldj be itiirriedl overj'.toythelrj'care^ to -
jraise> i^-\u25a0.;^:^';*\u25a0^:'^\u25a0 ;;'.- :-/'-"'j: -/'-"'j- \u25a0:'\u25a0': '\u25a0\u25a0^•; *l?"J »'t:s';
'T>"fc"l\w6uld*see}tliem^in;hell^nrst fy.:Jus-;;f y.:Jus-;;
s t ice f Holmes >i s *;repbrt ed \u25a0£ to% haVeVsald. ;
iThe'artlst.tnptingitherpresericeioffMrsJi
'Holm'esMhUherrbom^turnedUoj^her^wlthj
? at shocked^ expression ijph*i'.his»face,"ras"t.
Jthough^he^expectedpto ihearia'.'gentle^
?'reb\ikeTfronilthat j quarten^Vi;, '-,";. ***1-*JI_«.
f.^"Sb\wquld|l.'^demurely.^replied; Mrs/;
;Holmes,?Bhowlngi.the.Vgreatestfpossible7
f aith?.in^the Ydecislon: of ./, her| h^usband.%' :''-*
I >v'The i pages fof * , the ; senate "i have . great
|ireßpect}forjfHolmes.>^-:"; > \.: :' : : •\u25a0":._' /;';
Justice I :: . White -\u25a0\u25a0 turns;' loose,"
irem"afked2:;one>^of ?'.the*j recently.'. - "I ;
;db;riot cinlnfel 'him! much. :3k But\wheh ' Jus^r
Ufc'e^HolhKSfiglyes^hie^a^broadside: he;
• talks?as?though|he}meantilt,".* 1 ; ';
rjrjffTHj ji i IBWl BWH ll * l 'fflfQi^i\ gg^* a Sin^«fwgra(MWHjM
\u25a0^t ••President "•Roosevelt^appointed ; three
v. njemberp;'; bfv.the^supreme -court—Jus
i tlces-Tiay, -Hohnes ;. and ;Mqbdy. -. When
\u25a0he '^appointed^'Mr/iMbody - he- said "to a
, ; group;. ; of.inewspaperraen- at- the White
>House.:^.'.\-Vi.'-.v;'^"-*.;;.-'-:. -I':. }\u25a0. *\u25a0'.:'-'- '"_'."- ~~ _
V "1-7. have 'been Jto \u25a0 bat-' three-'tlmes on
I this>supreme^cbu.rtl justiceship business
;{arid.' have.- struck out ( twice.'.v.,; : " ~ .
arid^e/Sb^e^iVypmen
';. ;ic ; When;>;Mr*; .*-Mp*ddy?Vj bachelor',", "-.was.
Xswornjin ; : as-;a." member:) of jj.the . ? court, •
!'."mqre*?:?.wo"meh.\;Of .i^the \u0084soclety r;set /'"of -,
'rWas^lrigton'^wltnessed'.* the i ceremony.
;'jthan"lyhave Vlever^.', before "^graced .;'< the'
Vchambersl'of^tHeisupreme 'court : ; on-a ;
; similar, t ;occa,sjon.\ (:Whw^h(s- oath /of'
l.offloe^-w^s ?.read .Vto -him,"! pne'-^of ;:.the
j ladles Jng*reed'that ? .hls said
.' that -he --.."was ;.'appbinted'i'during : good
l - behavior." '".^Turrnlng^ to* Represetitative
- Gl llette" tT'of f .rv Massachusetts, -X! «ne -C: of ,
' Mobdy'si bosom-f riends,; she remarked:
\u25a0 VWhy/' I .thought -he^ was "app'olnted for I
"': life !V' i" "- i *''\u25a0'. if \u25a0 \u25a0 v''-** "*-'"\u25a0'"' ' '•."-.-\u25a0••'\u25a0"\u25a0 '\u25a0"..\u25a0\u25a0'\u25a0--"\u25a0
As ; secretary -pt - t the hayy "underi Pres-^
Rbbsevelt^;. Justice; Moody was one'
lof 'the ; few xcivillaris^ to* hold* that office'
_ and rhis .dinner at^ the ; same time. Only
; oricefdurlng '* his f career > did he I become
-seasick. .:.' On 'that occasion i J he l_ started
.'from /Charleston 'on i the iDolphln ; and •
stuck, it out; until midnight.' He finally
sentVfor,.' the,, captain:" and", told him' to
put -him ashorelT- The' ship ; was "i turned
Into s/Beauf ortJ harbor.: arid .'Mr. . Moody
came,home}by^train.' ; :.v' 5 \u25a0•.
/ -IhVWashihgtbn^Moody.Vwho Is. now
in'-Massachasettsl lfigh'tlngl figh'tlng rheumatism,
has j;kept 4 bachelor, quarters 'for. many
;years';with'/RepresentatJye:" Gillette of
Massachusetts -and -Brigadier- General
.William jCrozier.v j^Vhile v ofi : , a "visit to
Annapolis; with £ Senator/Hale.iof iMalne
; on* one occasion" Moody,-/ then '- secretary
;.of ithefnayy^was ttirown'out of hls'car
riage} when"; the i : horses i Vranv.away; and
}wa3 f severely/ shaken ; up/ * .When jhe had
I reached;ithejvst'age%b£;>''. convalescence,
'President ', Roosevelt- called J upon< him at
\u25a0 his" apa'rtmerit' ! 'dne' : nlght4ta>see' how., he
> was.^Moody i engaged ; in^ a ' social
game • of ; cards" In *a ; back : room. ; ~ . \u25a0
I -Vis' theTsecretary \u25a0' in?V; Inquired Prest
fdentrßo'Qseyelt:'.; :' -v . '\u25a0 T \'/:- f -:'."\u25a0
*,H''He ? is,Vbutrhe:can i riot'see anyone,"
'.saWithe'b'utler.V.'-'^^:; \u25a0'.?\u25ba-; f- j-X f - •< . .
-;the ;president 4 .has -called to
jSee;himV;lsald; Roosevelt.', '^.'.^ '';;•','\u25a0
•/if' "Presldent'.of what?v.".was .'the retort
';CTMpody,*«recpsnizing v :the; v^lce *of ; the
.president,;pre.Yen.tedjthe'sltuatio'nJ r from
getting- worse :by shouting to Roosevelt
ito v cojne*ln.*£^^,S-^"^
TpLikevmbstt-bachelors, * Moody,, has" al
•wjys * : b"e.'en\* a'? reader^ until *the^ "wee
: sma'^hbuVsi'of JtKe -nigh't^He * is ':- es
' pecially|strorig-! on* the v< history \u25a0of >Eng
; lisli ;iaw,\whlch* underlies UTfe 'American
:code/;S>HeShas ffea"d history and law to
'gather.iuntJUheJ Is * familiar
witJi}theicirc.umstancesMead!rig up to
most^laws' nowson-'the/statute' books.
•While Vattprneyigerierar; of^the United
: S ta.t c s~; he ound '<: his war k ; /sb ' con fin ing
that!he ; hadttoitake : to- horseback; riding
.to 5' keep V' in. 1 ' good. *• physical . , condition.
;E f very;-afternoons»at 1 4 J o'clock vS he; was
|;heardf;tof say :f"l Suppose '• I *have ) to 'go
;Ou'tionJthatiblamed*horse.".v'After"start
in g,^"; however ,%he ) thoroughly ~ enjoyed
[ the? exercise.;^ .;\u25a0"-*'. •.'/.'?'\u25a0*;\u25a0' -\ .
:;ViNbt>£ lnfrequently 'Moody has .. been
mistaken*for;President 'Roosevelt, and
on, 1 the^latter'sxpblitical {of • speech
\u25a0makin^ithrough ithe;iwest;;Vin/-19(>5,
'Moody \u25a0.made.." av, number' "of .r speeches
:ffom"4the;]backjuplatformr;of ;the train;
;whlchileftlhis^auditorsiinvdoubt>as;to
whether.,'- they -• had"; heard-^President
Roosevelt or: somebody else. It has
beenYsaid^that : Justice. Moody "would
havei made'r a ,; good actor. -Ho? has a
highly artistic temperament and as an
orator ..possessed the essential "quality
of -personal magnetism/
The Court's Real Baseball Crank
\u25a0 " . Mr/: Justice. Day. President Roose
velt's i,flrstuselectiori':-for' the supreme
courtr'ls the baseball "fan" par excel
lence .1 of ', the court.' . While . Justices
-White; and. McKenna never. misa a gama
if ..they -can, help .It/ /Justice Day is a
"real Vibaseball. , "crank." He knows
as much about; the rules of the game
as ;he ..does about the, rules .of the su
preme court: Itself, and he knows prac
:tlcally^all the players In the , big league
Clubs,- not only .' by . name and - reputa
tion.*, but; by sight. When the schedule
of the supreme court comes Into con
flict,-with, the schedule of the Washing
ton.-, ball .team -Justice Day. attends the
performance of the former under dire
protest' ; If he can possibly arrange to
get away he will shed his Judicial
robes without further ado and hie him
self/, away to * a grandstand seat, where
he can -pass judgment on the chasers
of the baseball rather than on the
merits of arguments of lawyers en
gaged 'In shad-owing the \u25a0 constitution.
?;PhjrSTcal!y.._ Justice "Day. who is *'»'
small man. has fooled a lot. of the old
timers In Washington, who have been
expecting •to - see him die every tlmo
they^ have; looked at him. Even as far
back^-as 189S the late Senator George
Frlsbie "Hoar of Massachusetts said,
when" he heard of Day's appointment
as secretary of state: . "If . his health
lasts, he wllh do." Since that tlmo
Day ' has gone cheerfully, on ' through a
successful career as secretary of state,
as chairman of the commission which
negotiated ' the treaty, of peace with
Spain, ; and as associate justice of the
supreme court, "which position he has
held seven years. :
The 'other two "fans" of the bench are
the only members of the court who be
long": to", the Catholic church. Through
out his .career Justice McKenna has
been noted for his courteous yet some
what," "stiff" -manners. He Is always
the i per feet gentleman, and his one
vlce-rlf It can . be called that — Is ( his
fondness for, the great /national game.
He has. been singularly, free of leavlnsf
a; trail _, of : anecdotes^aiong his official
.career.v' The one story* that Is told of
him- ln^Washlngtbn is that . when he
was r serving las attorney . general for
President iMcKlnley he took especial
pains not to be Interrupted . when at
work "at his desk.~ On one occasion a
former, attorney called ; on him,
and. running the gauntlet of secreta
rles^arid messengers, succeeded in get
ting- unannounced into the presence of
McKenna. The man's mere presence
was "not so astounding' to McKenna as
the fact that he'was on hand without
being duly. heralded.""
\u25a0\ "How lrt- the dickens did you get In
here?** r was McKenna's ; greeting to his
caller.: " •_ » '.\ '
'.Justice McKenna is ..the greatest suf
ferer I from \ the . tremendous "amount of
reading: that the Justices of the su
premef court- have to. do. Within very
recent"" years he has -had- to wear a
shield : for. his • eyes ; when sitting on the
bench, .-and this is even more useful to
him after the court adjourns, when he
takes. up" the legal briefs and lawbooks
for a minute-study, of . the case.
\u25a0 '"Justice McKenna. when he was In
congress," became a close friend of Wil
liam McKinley.- and It has long been
understood In^Washington that the two
"McK's,"- like Damon and
linked ...their fortunes together and
agreed to look oat for each other as
they progressed In public life. Whether
this: story, "Illustrative of the Justice's
humaneness. Is entirely correct or not,
the fact remains .that President Mc-
Kinlejc made Judge McKenna his attor
ney general and a year later appointed
him. on the supreme court bench.
-Justice White is the one member of
the court who delivers his opinions off
hand. He possesses thl3 faculty to such
a degree as to excite the admiration of
the' entire, legal fraternity. It is a com
mon-occurrence for the. Justice to re
view the 'most complicated "kind of a
lawsuit ' f or. 1 5 ,- 0r .20 minutes extempo
raneously, -and then to connect the
main. points ,in the case with the deci
sion, of the, court In such a lucid man
ner. as to be thoroughly convincing.
In ; /,fact, the extemporaneously an
nounced decisions of \u25a0 Justice White
sound • more : convinclng^when delivered
than those read by the other Justices.
Jri". a lesser degree Justice
Holmes has 'the same faculty. '\
"Besides being an . ardent enthusiast
over the game 'of baseball, Justice
; "White (has' a,fa"J for* precious stones.
He -does., not wear them for: personal
adornment," but rarely ever goesf to
New; York or.other, centers' of the pre
cious stone .market without hunting, up
the^leadlngjewelry stores and looking
over their stock on hand.
Genial Justice ' Lurton
Washington's ' present Ideas of the
humaneness of Justice Lnrton are based
on > the -fact that he Is. exceedingly
genial -and approachable. Otherwise
h? has not been !n the national capital
quite long^nough^for .the public to get
a" familiar. "line" on'.hlrii,' so to spealc"
But'as for the justice he succeeded, the
late. David J. Brewer, any Washington
lah can tell you that Brewer could hold
hlsr-own In.repartee with any one. One
day. when Chief- Justice Fuller, who
always takes sreat pride In. speaking
for i his. home -cfty,; Chicago, had said:
•rrhere: are- more Jews, in Chicago than
In Jerusalem; more Irish than In any
Irish morel French than In any
French city except f Paris and'more Ger
mans'that in 'any German: city except
Berlin.". Justice . Brewer; quietly added :
"And mpre'saints and sinners than any
where else except heaven. and", hell." :
,It Is at the lunch hour of the su
preme court/ ;which is passed by the
Justices ".behind '» closed . ; doors, where
eachlis served by his own body servant.
,thatfthese»menwho"lay down the law
for the republic undoubtedly show their
human' sldes-to one {another, In' Inter
esting j profusion. c And it "probably Is
the -fact that ilf ta*. general * publlo
could : : get • a v glimpse*, of," the . supreme
court Jof :• the ; ; United * States . at I^3 (mid
day meal : the. idea -..that the 7 court is
made'up'bfcsomethlng; more -than mere
human.belngs Instantly- would be rele
gated to the limbo of outworn super
stitions: ,'^HHrinHM