Page:The Green Bag (1889–1914), Volume 15.pdf/628

 Reminiscences of a Reporter of Decisions. argument let us dwell a moment upon the in the originality oi thought, the breadth of rea troduction of the court to the people and of soning, the wealth of learning and the ac the call to litigants to present their claims. At curacy of treatment which characterized the the beginning of the famous Borden trial in opinions of the earlier judges. the Superior Court at New Bedford, in 1893, It is true that many questions presented to newspaper reporters from other States made it are of little value, and it is to be regretted light of the old-time ceremony with which the that so many tort cases appear upon the court was opened. Soon, however, they pages of the reports. But the problems which qualified their views, even to the extent of involve corporate and commercial interests, declaring that similar procedure might well the conveyance and transmission of prop be adopted by courts all over the country. erty, in fine, all conflicts in which either prin In 1894 the Supreme Court fixed absolutely ciple or property is at stake, are solved both the forms to be used by the crier. By direc at law and in equity by opinions as luminous tion of the Chief Justice I printed them in in statement and as just and logical in con clusion as any given in the history of the 160 Mass. 601. tribunal. This is not an assertion; it is a III. fact which is revealed by comparisons. Not The preceding observations naturally call many years ago an eminent member of the for some explanation of the modern method Supreme Court at Washington is reported to of arguing a case and of its treatment and have said that the position of Chief Justice of disposition by the Court. The rule as to the the Supreme Court of Massachusetts is a preparation of a brief is familiar to all, but higher and more honorable one than that of there is no rule as to verbal presentation and Associate Justice of the United States Su persuasion. If I may be pardoned the pre preme Court. And yet in less than a quarter sumption, I will classify the attorneys who of a century two eminent Chief Justices have appear before the full bench, as follows: accepted seats on the Bench at Washington. i.—The effusive man. It is certain that strangers have long re This individual does not often appear be garded the appearance of the judges and the i fore the Bench, and, when he does, he talks court as exceptionally interesting. The dig and acts just as if he had come to have a nified deportment is worthy of imitation in good time. Doubtless he would like to bring other jurisdictions. Charles Dickens was his lunch with him and stay all day. His favorably impressed by Massachusetts courts; brief is padded, largely with irrelevant cases. he asserts in his American Xotes that there He little dreams how the examination of is much to admire in the method oi adminis these authorities is to try the patience of the tration. "To an Englishman,'' he declares, judge who is to write the opinion. He is "accustomed to the paraphernalia of West careless and slovenly in method, and. as minster Hall, an American Court of Law is likely as not, cites on his brief the 3Oth vol as odd a sight as, I suppose, an English Court ume of Rhode Island Reports. He hardly of Law would be to an American. Except touches a vital point, and has to be told when in the Supreme Court at Washington (where his time has expired. He volunteers the the judges wear plain black robes), there is gratuitous observation that he was tinder no such thing as a wig or gown connected the impression that he had only just begun. with the administration of justice." But He gathers up his papers in the belief that judges of our court have now adopted the he will win. gown and no one regrets the innovation. 2.—The assertive man. And now before we consider brief and This advocate is imbued with the merit of