The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-04-10
SUPREME COURT LEAKS.
Some Famous Decisions That Have
Become known Before Rendered.

Some Famous Decisions That Have
Become known Before Rendered.
Washington, April 9.-There are leaks
in the United States supreme court just
the same as there are leaks in the cabi-
net meetings, and the executive sessions
of the Senate. The premature publication
Of the decision of the supreme court on
the income tax case does not cause as
much indignation amdpg the members of
the court as some people are trying to
make it appear Decisions in great cases
before that court have Leaked" out on
previous occasions, and will continue to
do so as long as the present system OF
preparing decisions of the court prevails.
It IS Just as difficult to locate the leaks"
in the supreme court as it has been for in
Vestigating committees to try and locate
the responsibility for the publication of
the proceedings of executive sessions of
the Senate. Presidents, during many ad
ministrations, have vainly endeavored to
ascertain how the deliberations of the
cabinet meetings were so truthfully and
deliberately reported IN the newspapers OF
the country.
The interest excited by the recent pub
lication of the decree of the supreme court
in connection with the Pacific railroad
cases, involving upwards Of S20W,OO,
nearly thirty years ago. The case was one
of international, as well as national i'm
DbIldnttt anu Jay NrOulQ anu MS ItpI6Scn-
tatives We're offering large rewards for
advance information as to the final de-
cision of the court. The case was argued
before full bench and there was an ar
ray of the ablest railroad lawyers in the
land pitted against Attorney General VIII
liams and his entire corps OF assistants
attorney general. The railroads were re-
presented by David Dudley Field, William
NJ Evarts, Judge Curtis of New York,
Charles O'Connor, and several other ex-
perts in railroad law. The argument last
ed several days, and then the court took
the case into conference.
In the meantime prominent railroad
magnets and their representatives haunt
ed the dark corridors of the capitol, in the
vicinity of the conference room OF the
judges, Immediately under what is now
known as the 'robing room" Offlcers of
the court and even the little pages,w had
access to the conference room, were i'm
portuned by the railroad men and the
stock spectators for some clue as the
decision of the court 1t was generally
would give $4,000 for exclusive information
on the decision twenty-four hours In ad-
vance OF the formal announcement of the
court. For several weeks the case was
held up in conference and 1t was rumor-
ed that the court would order a reargu-
ment on certain branch of the case.
Finally, one Saturday afternoon, after
a protracted consideration of the case
in conference, vote was taken and the
majority of the court sustained the con-
tention of the railroad company.
1t was agreed that the opinion of the
court should net be drawn and delivered
for several weeks afterwards and in
functions of secrecy were imposed upon
the three pages, who had access to the
conference room. 1t would have been an
insult to the members of the court had
Chief Justice Chase even intimated that
they should also regard the decision as
sacred until the judgment of the court
was formally rendered Only the nine
judges and the three pages knew the re-
suit of the final ballot and the lines upon
which the decision would be drawn, yet
or the following Sunday morning a New
York paper published an accurate poll of
the court, showing the dissenters and CIV
ing a comprehensive synopsis of the
opinion on the line of the suggestions CIV
en- to Mr.. Justice Strong who was selected
On the following Monday morning,
when the judges assembled in the robing
room, there was a regular indignation
called IN one by one and Intercepted on
the subject, but none Of them could trace
the leak" The pages were also t1feat-
f. thew With did immediate Saa distn nIsI
confess all they might Know on the sub
ject. In the meantime the opinion of the
court was withheld and a drag net in
vestigation followed. Finally the trail APP
peared to be tending toward one of two
members of the court. The circumstances
In one instance were almost conclusive
so the investigation was abandoned. For
several months afterward the pages were
excluded from the conference room, but
eventually the little boys were permitted
to resume their accustomed seats behind
the judges.
In this connection 1t may be interesting
to relate the circumstances surrounding
preparation Of an opinion Of the United
States supreme court.
After a case has been argued in omen
court 1t is taken into conference the SAT-
urday following. Unless the case involves
some very delicate points Of law It may
be decided the ensuing week. Occasional
ly the discussion in conference Is pro-
longed through several Saturdays and ex-
ira days have been taken for secret DELHI
GRAFTON. Finally, when the judges are
prepared to vote on the case, the chief
justice calls the roll. beginning with the
junior justice The last justice to take
a seat on the bench is always called upon
to vote first. AS the court Is now consti-
tuted the voting proceeds as follows: Mr.
Justice White. Mr.. Justice jackson 0f
presenD, Mr.. Justice Shiras, Mr.. Justice
Brown, Mr.. Justice Brewer, Mr.. Justice
Gray. Mr.. Justice Harlan. Mr. Justice
Field and the chief justice last. Thus when
the court is very close the chief justice
has the deciding vote. -
After the vote Is TAKEN the chief Justice