Evening star., 1921-06-17
LEAK Of DECISIONS
IS SDECLARED FRAUD
Justice Siddons Holds Pro-
curing of Advance lnfor-
nation Is illegal.

A conspiracy to secure advance in
formation OF decisions Of the United
States Supreme Court is fraud
against the United States. and may be
punished by imprisonment in the peni-
tentiary. This is the purport of the de-
cision rendered today by Justice Sid
dons of the District Supreme Court
overruling the demurrer of Ashton F.
Embry. former secretary to Justice
McKenna of the United States Su-
preme Court: James H. Graves. a for
mer assistant attorney in the Depart
ment of Justice: Barnett E. Moses. a
Washington lawyer, and Millard
Mayer. a business man of Cincinnati,
Ohio. TO an indictment for conspiracy
returned against them early in 1920.
The court holds that the men must
stand trial.
The defendants claimed that there
is no law covering information about
decisions of the United States Su-
preme Court. and that the public an
nouncement Of the courts decisions is
merely a custom. The government 8
contention was that advance informa =
tion of the decisions would impair the
respect the public has for those opin-
ions and would thereby interfere
with the orderly conduct Of business
to which the government is entitled.
Grave Consequences Stressed.
grave consequences Of a political and
International character might result
il the conduct charged against the de-
PENDANTS was not subject to indict-
ment.
"It is common knowledge" he says
that from the earliest period OF the
history of the court. :he determina-
tions reached by it were only to be
revealed and announced in open court
at such times as 1t should determine
and that until such public announce
ment no hint even Of the character
should be revealed.
1T is obvious that cogent and i'm
pressive reasons exist why this should
be so. Were it otherwise. what op-
portunities would be presented. not
merely to litigants. but to others. to
take undue advantage OF advance in
formation as to how particular causes
were going to be determined: wha,
serious political consequences Nigh,
not result from such disclosures: what
grave international compile ations ever
might not ensue il some employe OF
the United States. assigned for service
to the court. should betray unan.
! nounced determinations of the tri.
bunal. Every judge, every lawyer
indeed. every intelligent citizen
| knows that any other course thar
that pursued by the court in the an
nouncement OF its judgments woulC
be fraught with great danger to tn,
orderly course of justice. Can it bs
doubted that both the authority ant
the dignity Of the court in the per
formance of it's high judicial function.
would be douted II announced de.
cisions became known in advance Of
their official promulgation? Can it b,
doubted that such disclosures woulc
in a very high degree impair ant
obstruct. il they did not defeat, ths
lawful functions of this department Of
the government?
Declared . Conspiracy.
THE court is Of opinion that il /:
not a matter of reasonable doubt and
that the conduct of the defendants, az
alleged in the Indictment. constitutes
a conspiracy to defraud the United
States within the purview OF the stat.
ute under which the Indictment in
this proceeding was found. and thai
therefore the demurrers thereto mus,
be overruled."
The four persons accused are said
| to have secured advance informa.
tion of the decision in the Southern
Pacific railroad case and to have used
that information in speculation on the
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