ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 275 



sure will recognize the accuracy of it), as that case was presented 



1049 to the Supreme Court, it would not be ad rem for them to express 

 any opinion of that kind at all. Judges sometimes do, no doubt, 



express opinions away from the point before them, and those are called, 

 and sometimes contemptuously called obiter dicta — they are beside the 

 question; they are quite away from the i)oint; they are not necessary 

 for the decision of the case. They, therefore, have more or less 

 authority, according to the more or less important character of the 

 Judge who pronounces them; but they are not cited as authorities, 

 unless it is a judicial pronouncement on a matter in which it was rele- 

 vant to the judgment of the Court that the opinion of the Court should 

 be expressed. 



The President. — As we have not the case of the Sayward before 

 us we do not care if they are ad rem as to the "Say ward" Case; but 

 they may be of interest to us as being an important opinion — a weighty 

 opinion. 



Sir Charles Eussell. — I do not at all mean to undervalue the 

 opinion of any Judge of eminence or position — what I meant to say 

 was, that it is no authority. 



The President. — ISo, it is no judicial authority. 



Sir Charles Kussell. — I conceive it to be difficult to suppose that 

 there will be found to be even an obiter dictum, because, as I have said, 

 of the argument of Mr. Taft, which I read pretty fully to the Court. 



Mr. Phelps. — I was wrong in sui)posiug that we had not got the 

 book here. There is a book here containing the opinion; I was not 

 aware of it. 



Sir Charles Eussell. — Which is the passage? 



Mr. Phelps. — The passage is one of some length. 



It is here [indicating]. 



Sir Charles Eussell. — I will read it at once with pleasure. 



The President. — Perhaps Mr. Phelps will be kind enough to read 

 to us the part which he deems important. 



Sir Charles Eussell. — What is the book? 



Mr. Phelps. — It is a collection of pamphlets, and it contains the 

 opinion of Chief Justice Fuller. 



Sir Charles Eussell. — I want the report. 



Mr. Phelps. — This is the whole report, I am quite sure of it. It is 

 usual to quote from this in Washington, and it is a pamphlet issued by 

 the office. 



Sir Charles Eussell. — Perhaps you will kindly show it to my 

 friend. Sir Eichard Webster. 



[Mr. Phelps handed the book to Sir Eichard Webster.] 



Sir Charle-^ Eussell. — The volume of the report is 143. 



The President. — Sir Charles, if you think it material it can be got 

 a little later. 



Sir Charles Eussell. — I do not think it the least material. 



The President. — Perhaps you might reserve it for the afternoon. 



Sir Charles Eussell. — Yes, except that my friend thought 



1050 he could put his hand on the passage. — I was willing to read it 

 at the moment. 



The President. — Eather than read it in a hurry we had better wait 

 until the afternoon. 



Mr. Phelps. — If my friend will excuse me, we have marked the pas- 

 sage, which occupies several pages in the opinion of chief Justice 

 Fuller, which 1 shall contend more than bear out the statement that I 

 have made in the argument, that although unnecessary to the decision 



