New-York tribune., 1919-12-28
Clerk Doesn't Kno,c

1a1thful unto death.
Clerk Doesn't KnOac
The messenger who carries the
printed copies of the opinion and
decision to the proper justice would,
of course, have a chance at the
secret, but he is supposed to be i'm
mune to temptation Even Clerk
Maher. after fifty years of impec-
cable service to the high priests of
national justice, does not see or
know the nature of an opinion be-
fore it is handed down in open court.
There are ordinarily just enough
copies of the first run" to supply
each of the nine justices and the
clerk. The justice responsible for
the formulating Of the opinion hands
copy to each Of the other justices,
who records thereon his concurrence
and returns it. Then on the next
decision" Monday the particular
justice announces the decision, and
then, and not until then, does Mr..
Maher get his file copy Sometimes,
If the case is of great public inter
est and Importance, two or three
extra copies may be provided for
the press associations, but ordinarily
the newspaper men have to consult
the one copy of the opinion in the
clerks possession if they wish to ve-
port the general nature or text of
the opinion. 1t will thus be seen
that IN the ordinary course none Of
the attaches of the court except the
messenger and secretary of the JUS
tice who delivers the opinion has
any access to 1t at any stage before
It becomes public property.
OF course, from the moment that
the decision is arrived at in consults-
ton every justice knows what it is.
but it is an iron-bound tradition Of
the court. never violated, that no
/ justice shall discuss a case with any
one IN any manner; and as for his
revealing the decision itself before
the appointed time, when it comes
to that there is indeed no health in
any Of US, and mankind may be
deemed to be plunged into sin and
beyond redemption.
In such affairs a justice of the
Supreme Court is an isolated and
sacred being. separated by an i'm
passable gulf from acquaintance.
friends and family. Nobody may
approach him in this relation and
go unscathed.
An oft retold story in Washing
ton relates that once upon a time
an innocent and unsophisticated
niece of justice, being a guest in
his household, lightly and thought
lessly remarked at the breakfast
table that she hoped his decision in
certain case would be thus and
so, as otherwise she would be griev-
ously affected in her private for
tune, being stockholder in a COM
pany that was a party to the suit
in question. Thereupon the great
man, who had been chatting as
freely and as simply as any man In
the bosom Of his family, became the
very incarnation of offended
dignity, arose and said
Il shall now leave the room an
mark Of my supreme displeasure
with YOU, and I warn you that II
ever again you mention in my pres
ence any case before the Supreme
Court you will never be allowed to
enter this house thereafter"
There is something awesome
about the Supreme Court that at
taches to every person and thing
associated with it. One may become
familiar with and disrespectful r.
everything in Washington. even the
Senators and the President. The in
Inmates of the President NAV tall
Jocularly with him about his duties
but to all men the Justices OF tho
supreme Court are distant. aloof
and unapproachable on all matteru
pertaining to their duties. It has
oeen said that it is conceivable that
a PRESIDENT might once speak to a
'us'ice even IN the most innocent
manner about some case before tS.
court. bat that he would nevor 4.