The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-10-10
THERE'S NO LIMIT.
The Southern Pacific Will
Stop at Nothing.
A VERY BOLD PROCEEDING.
The Robinson Opinion Under
Suspicion.
A VERY BOLD PROCEEDING.
WAS PROBABLY IN BAD HANDS.
A Clerk of the Supreme Court Tells
Crooked Stories About Ii.
The Secretary Implicated.

4. Nj. Jennings Esq. was COUNSEL loi
DR.. W. ii. Robinson in his successful suit
against the Southern Pacific Railroad in
the famous stop-over privilege case de-
cded against the railroad last Saturday
By the Supreme Court. Concerning the
courts opinion-that is the typewriter
document-Mr. Jennings last night told
the following remarkable story:
THE opinion was handed down Satur-
day morning, and am told was on file all
that day, until O'Clock at any rate.
To-day several persons who called to
look at it were told that Ii was not there.
The explanation given by The clerk was
that the court often withheld such docu-
ments and the secretary kept them during
the thirty days allowed for rehearing.
l called to look the matter up and
was told the same story. l knew
that it had been on file and questioned the
clerk closely, and he was anything but
civil in his answers. There are two secre-
taries TO the Supreme Court. both of whom
were away, Mr.. Finkler having gone with
The court TO Los Angeles. In ans wer to
my question the clerk stated that not only
the secretaries but the janitors and bailiffS
had keys to the room and admitting them
to the records. and could take them away
at their pleasure without leaving any re-
ceipt. He said there was an old minute
order of the court granting them this leave.
81 remarked that that was very singu-
lar, but with search warrant felt con-
fident could find the decision at Fourth
and Townsend streets.
1.-THE clerk became very angry al this,
and said if l had few more cases there l
would know more about it.
1T is the custom in the case of Supreme
Court opinions for the secretary 10 take
copy of the original at once and transmit
it to the printers. While was talking TO
the clerk the messenger for Dempster
Bros, the printers, came in and asked for
the copy, but did not receive it.
Il went 10 TO see Justice Harrison about
the matter. and in the hall met Justice de
Haven and told him what the boy had
said. He answered that 1t looked like
very loose methods. but was confident the
opinion would be found on file. The
court paid little attention TO the papers
after they left their hands, be said. He
called the janitOr and we went through
the place and found other papers in the
case, but the place where the opinion ought
to have been was vacant
81 then went in to see Justice Harrison,
and he was as much surprised as. Justice
de Haven had been. He suggested that
Dempster q Co. might have 1t, but l told
him of the messenger having just been up
fer it. He thought it very strange.
81 then went back to the clerk and told
him of my interviews with the Justices,
and he was not nearly so positive about
things. He now suggested it as likely
that Secretary Finkler had taken il along
with him to copy, and intended sending
the COPY back to Dempster & Co., and
after talking it over for some time he sng-
gested the following wording of tele-
gram to send to MIN:
Fl. C. Finkler, Los angeles: Where can l
obtain original copy of opinion in Robinson
VS.. Southern Pacific? Neither in clerks office.
c. Nj. JENNINGS.
II sent it just that way, and at 2 O'Clock
received this reply:
C. IF. Jennings. San Francisco: Original
opinion will be sent to me with proof by Demp-
ster Bros, printers. They can strike of one
copy for you if set up. Please see them and
ask them to hurry it. II. G. FINKLER.
II went to Dempster Bros and they
told me that they had not seen the paper,
but that the clerk at theSupreme Court
had told their messenger TO come back at
o'clock and he could get it. Mark that.
AT the very time he was fooling with me
and having me telegraph to Los Angeles
he advised this boy that it would he on
hand at 4 o'clock I asked Dempster if he
knew whether it had been sent to Fou nth
and Townsend streets and he said no, but
he had strong suspicion. lie suggested
that | lay the matter before Chief Justice
Beatty.
cat 2:45 P. NJ telephone message to
Thomas r. Knox said that the opinion
was on file. / went down and found it
there.
''Where do you suppose that paper was
in all that interval? 10 whose hands?
snow, sir" said Mr.. Jennings with in
tense earnestness. when we consider that
this was not copy, but the original: that
there has as yet been no copy of this i'm
pOrtant document: that it was the paper
bearing the signatures of the Justices, we
can understand what serious matter this
is. 1t is typewriter paper, too, an
other typewriter could easily counterfeit :;
the sheets of paper we refastened together
by brass fastening from which any one
of them could be taken and another put in
it's place. | will not say that the language
of this opinion has been tempered with.
nor will [ say ii hasn't"
oct DDnUTnEDc