Lawyer's Lesson

In the leisurely days when the U. S. Supreme Court was housed in the Capitol basement and fashionable ladies flocked to it every afternoon to listen and admire, legalites like Henry Clay and Daniel Webster got off some of their finest flights of eloquence at its bar. Nowadays, the nine hard-pressed old men who sit on the Supreme bench have no time to listen to oratory, demand facts. Last week Forney Johnston, 56. a New Deal-hating Birmingham attorney, known for his acid courtroom flings, got a lesson which was enough to send every prospective Supreme Court pleader in the land skittering in search of a blue pencil.

As attorney for 14 minority stockholders of Alabama Power Co. suing to prevent the company from selling transmission lines to or buying power from Tennessee Valley Authority. Lawyer Johnston uprose to argue what was expected to be a decisive test of TVA's constitutionality. Puffed by this weighty circumstance, he launched into an eloquent preamble, was just warming into his oratorical stride when Chief Justice Hughes interrupted to inquire: "Would you mind telling us what this suit is, who brought it and why?"

Deflated, Lawyer Johnston tried a new tack, began telling the Court how the late Federal District Judge William I. Grubb had upheld his side of the case on its first hearing. This time Mr. Justice McReynolds broke in: "It would help if you would tell who brought the suit."

Lawyer Johnston struggled on. "Please cite specific contracts," snapped Chief Justice Hughes a moment later, "so we can see precisely what it is you challenge."

"Mr. Johnston," admonished Mr. Justice Brandeis, "I hope you will tell me at the proper time why you are bringing this suit against the power company."

Put in Mr. Justice McReynolds: "What question have we got to decide?"

At last Lawyer Johnston was on solid ground. "The constitutionality of the TVA program," cried he in vast relief.

"Do you challenge the authority of the Government to sell the power?" asked Chief Justice Hughes.

"By all means! We undoubtedly do, for non-Government purposes."

"Then that is your point, isn't it?" pressed the Chief Justice.

"Of course it's my point." snapped hapless Forney Johnston.

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