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Supreme Court — Part 10
Page 43
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| oe, a Bart of it ‘could be trivial. | Be ‘sould never quite : reconcile
“Sather than on the inward strength of the appeal, to reason, - “so. a a
to satisfy unsuccessful counsel, "Wo. relevant, argument: was to pase |
gence of the advocate showld be a fault attributed to the judge. No — a -
' find rational acceptance, as if in the hope that none might g0 away un- <—
y nom 4
4 LRN Rk es Sige SS
we eS Rig ES ge SL oe
his a character “for in the fertock harmony of Be ‘Uife ‘noth
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‘the court v alge 4 in ‘sane measure coe to rest on the angesty of cette mete
te
daninant was his devotion to reason that hig opinions attempted. even ok
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tition for rehearing was filed; the Justice felt ae
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ry
a sense of failure, though I never quite understood why the intransi~ on . 2. -
one who ever heard the Justice deliver a major opinion fron the bench ©
could fail to understand the symbolism, and more then syubolisn, ‘of
the occasion: the patient: earnestness with which he explained to the
small assemblage the facts of the case and the reasons for the decision, .
as if in acknowledgnent that the Court. is a lawgiver only as its decrees
persuaded, - — a oO — oo
Those whe had an opportunity to observe ‘bis judicial labors would
wish ‘to speak, I am sure, of his method of work. Every gase “that fell -
to him for opinion gave fresh occasion for. the application of his prin
ciple that knowledge should precede understanding, and understanding - ae
should precede judging. Unrenitting toil was taken as 4 uatter of course “a
‘same of 4t performed in those dim hours of which his secretaries — t
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