Page:The Green Bag (1889–1914), Volume 15.pdf/630

 Reminiscences of a Reporter of Decisions. that she was a woman, and soon received the following sparkling epistle which is published by consent : "I have your letter of the i4th and wish to thank you for the exception you are to make in the matter of printing my name as attor ney for petitioner in • v. in the Mass. Reports. I was not aware before that i am the only v.oman attorney who has pre sented a case to the Supreme Judicial Couit; hut since it is true that I am the fust one who has dared approach 'the seats of the mighty,' I shall take pleasure in thinking that my name will so appear that all the world may know that a lawyer in petticoats did it." The docket keeping is a simple aft'air and requires little time. The tedium is soiretimes relieved by a gentle rapping indicating that the Chief Justice desires to communicate with the Reporter. He is handed a scrap of paper, upon which is written a request for information as to the name of some attorney who is making his first argument, or as to the condition and progress of matters in the Reporter's office. The same means is em ployed in reply and there is no interruption of the proceedings. Of the mysteries of the consultation room the Reporter knows nothing. He is free to come and go as he pleases, with the single reservation that he is never to disturb the judges while they are consulting. Tradition declares that at the preliminary meeting the cases just argued are talked over and are then assigned by the Chief Justice to his as' sociates and himself, respectively. Then, when the judges meet later, the opinions are passed around, and, in not a few cases, the opinion, which its author supposes will be adopted by his associates, is rejected by them and the case is then assigned to another judge. It is whispered that the first opinion is generally appended to the second as a dis sent. It is probable that when a majority of the Court agree upon the original decision a dissenting opinion is rarely written, the views

579

of the minority being partially preserved by the statement, "A majority of the Court are of opinion." When an opinion is sent to the Reporter, it is said to "come down"—a rather inappro priate phrase, now that the Reporter's cham bers are one floor above those of the judges. An opinion is accompanied by a copy of all the printed papers and on the back of the report or bill of exceptions are frequently found pencil marks which show either doubt or concurrence of the respective judges. The report or bill of exceptions so marked the members of the bar are never permitted to see. IV. There are three kinds of cases to be made up. If all the facts are stated in the opinion, the Reporter's chief duty is to prefix the head-notes. If none of the facts are given in the opinion, he must state all that is material to make the opinion intelligible. If only a part of the facts are given, there is a differ ence of view as to the course to be followed, some maintaining that his part is simply to present the omitted facts and others that to afford symmetry and proportion he must also repeat the facts which the judge has stated. The proof returns from the printer, with the corrections of an intelligent proof-reader. Then the Reporter and his assistant take turns reading, the Reporter adding to the changes already made. From the proof in this advanced form copies are made for the judges, to which the Reporter arlds certain suggestions sometimes accepted, but more often, perhaps, rejected. While the Reporter is supposed to be independent, he solicits counsel and often adds or expunges as his superiors suggest. All these last corrections are transferred to the original proof, which goes back to the printer in a markedly differ ent form from that in which it appeared. The Reporter is next presented with the second proof, which he reads slowly, word for word,