Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-04-08
SUPREME COURT LEAKS
Several Decisions Have Recently Been
Published Before PRONUNCIATION.
Judges Looking Into the Source of
the Unlawful InROrmatfOn-Is
1t Contempt

There has been much interested com
ment among the Washington newspaper
people for the last two days over the publ
cation in Chicago last Saturday morning
of what purported to be the decision of
the United States Supreme Court in the
income tax case.
There have recently been several in
stances In which the decisions Of the Su-
preme Court have been communicated to
the public in advance of their announce
ment in the court itself. Such publications
have. however, occurred only within recent
years. They have been more frequent
within the last few months than ever be-
fore in the history OF the court. Only
few weeks ago the decision of the court
in the Oakland. Cal, water front case "a
suit OF vast importance on the Pacihc
coast and because Of the precedent which
1t established almost as important else
where) was published ten days In advance
of its PRONUNCIATION In the court. The de-
In speculative circles before 1t was rem
dered. There have been q number OF other
cases in which the secrets of the court
have been published by the newspapers or
have been known on Wall street In advance
of the decisions.
1t undoubtedly is a fact that the Supreme
Court justices are making thorough In
Quiry as to the manner in which its Sc
who have knowledge of the proceedings Of
the court, when they have reached the
form when they are communicated to print
are the justices themselves; in some in
stances the private secretaries of the JUS
tees, but not In all instances: the mes
senger who carries the copy to the prin-
ter, and who returns 1t from the printer
to the court officials; the printer. who is a
private printer, and not the public printer
In the government printing office, as is
generally supposed and the compositors
WHO set the copy. 1t IS, of course, physical
ly possible. that information as to these
great secreta could escape from any or
from all Of the persons indicated. But it
has seemed impossible that these secrets
could be divulged by any of these per-
sons. 1t of course Is not for moment to
be supposed that any Of the justices would
communicate to any person the decisions
which they have reached.
The statements which have gained cur
rency that a Justice of the Supreme Court
United states the decision which was
reached In the income tax case Is suffi-
GENTLY answered by the fact that no JUS
tice of the United States called at the
White House on the day that he is report
ed to have given the information. or at
any other time within the week. Nor is it
fair to assume that any of the secretaries
of the justices have betrayed their trust
They are all gentlemen of high character;
they are generally young lawyers ambi-
uous Tor a career and pleased with the
cnance Tor association with the justices OF
this great court, which gives them an op-
portunity to secure start in their profess
son. 1t is incredible to think that any Of
them have been guilty Of such a breach OF
faith. Indeed. in cases of great import
ance. where speculative and other interests
are involved, the justices. in order to re-
move these young gentlemen from sus-
picion, have frequently and laboriously
written out their opinions in their own
hand. so that these young gentlemen have
had no personal knowledge of the subject.
The printer. 1t is said, has never been
suspected, and the compositors who set up
the copy are not furnished individually with
enough of 1t to really form a clear opinion
as to what the decision may be. No printer,
unless it be the proprietor of the establish
ment himself. ever all of the original
copy in important cases. and the utmost
care is taken with all the proofs.
The Remedies.
Some lawyers are of the opinion that the
power of contempt is broad enough to per-
nit the Supreme Court to punish those who
publish a decision without taking the
trouble to make inquiry as to the source
from which it may have been obtained.