Detroit evening times., 1945-08-20
WESTBROOK
PEGLER
Fair
Enough
L,ELIX FRANKFURTER,

L'ELlh r hAINhf Oh EfN, I'M
l. the famous Ablative case,
wrote that II is pernicious over
simplification TO hold that the
meaning of law is plain be-
cause its language is plain.
To be sure, Old Vicente has
never been successfully charged
with using plain language and
even in this dictum he balled
up his wordage in the true
manner of Earl Browder but,
if you use a kind of mental
braille you fetch up at the idea
that he wouldn't take any re-
sponsibility if he should sit
down and write some dish a
sheaf Of mash-notes and that
if he should tell her, II am nuts
about YOU" he could just as well
mean. You make me sick" and
probably would.
Well, me, / am otherwise. so
when ! say there is a leak in the
Supreme Court of the United
States / don't mean there is no
leak.
mean that there is and that
this same leak if II isn't plugged
might he used one of these days
in some decision affecting the
stock market to let some gang
Of raeketeers, perhaps a bunch
Of Communists, pull off a Kill.
ing on the strength OF a tip
from the inside.
They might even engineer q
panic.
T>HIS leak In the Supreme
i Court has been made evident
on two occasions, the latest one
being fiat. unqualified fore
telling OF decision which went
in favor Of the Communist con.
SplraCy against the United
States government-plus an
accurate list Of the justices who
dlSsented. weeks in advance OF
the public announcement Of th(
decision
My language is plain and
means exactly what II says
when ! say | neither believe nor
inSlnuate that old weenie has
been the source of this leakage.
However, | have reason 10
suspect from past performances
that one of the brethern is re-
sponsihle.
FDron,.or ga,, ra,y tbat tbfs
has been called 10 the attention
of Chef justice Harlan F.
Stone and of Rep. Hatton Sum-
nerS of Tcxas, the chairman NJ
the judiciary committee OF the
House.
Not being privy 10 the affairs
~ the Supreme Court. nor want
inC 10 be. | won even speculate
as 70 whether Mr. Stone has
brought u up IN meeting and
raised hell about IL in the pri-
Nacy of the lodge
Our people don Try 20 break
into tho privacy of the court, or
the cabinet or the state depart
ment, either for that matter,
and decent editors would refuse
/ n lump the gun on court de-
ciSlonS evfn II they did have
pipelines INTO the chambers.
We feel that such news can
wait until il Is announced IN
open court because this court
has been debauched enough al
ready by politics and theology
under the New Deal without our
exploiting us degradation 20
complete the destruction Of pub
lie confidence in its integrity.
and inaSmuch as fortunetelling
is against the law and we don't
believe IN IL anyway. We lay Oft
guessing and speculation on the
ofl-chancc that it might come
true.
NEIL. 50 what can be done
w about it,
II this were any other gov
ernment agency. even the state
department. where secrets Of
atomic power are stored, the
FBI might he called on 10 plant
one agent as a sweeper, another
as charvoman. another as mes
senger, and so forth. and maybe
tap the phones Of some Of the
justices and plant listening de-
vices in their chambers and
their homes.
The FBI was called IN, YOU
remember. 10 find out who was
leaking confidential diplomatic
information at the state depart
ment and came up with bunch
Of arrests, recently followed by
set Of indictments.
But II does seem unthlnkable
10 do this 10 the Supreme Court
because u occupies position OF
/ the highest public trust. and IL
/ YOU 60 TO spying on these men,
how can you feel confident that
the spies won't take advantage
Of their information?
And the court. itself. could
| hardly call on the FBI for this
service because all the members
would have TO know about IL
and you can't catch a leak ~
YOU warn him that you are
watching him.
Moreover, il just wouldn't be
nice
| DON'T see lust what the
L judiciary committee could do,
either, and Mr. Summers has no
suggestions.
You could call every one of
the justices and every secretary
and other employees of the court
and the guilty one would be
sure 10 saw he never dunnlt and