The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1949-12-08
cHosr.wRrrINc DENOUNCED

"Ghost.writing has debased the in
tsllectuai currency in circulation iana,is a
tgpe o. eounterfeiting which invites no
defense"
TIE quotation taken above comes
fran dissenting opinion Of Associate
Justice Robert H. Jackson. in case re-
Gently decided By the Supreme Court. The
decision involved the action of the U. s.
Patent Office In prohibiting an SO-year-
old lawyer from practicing before It on
the ground of misconduct in submitting,
n iD1e. 10 = trade journal an article,
@tifsen BY him bat represented as having
heen written for a glass company by the
president of glass-workers union.
The excluion Of the lawyer was APP
Iruxed b. the District Court, but the
Federal Court Of Appeals reversed the
ruling. The Appellate Court called the
patent lawyer a victim of bureaucratic
bneh law" asserting that the Patent Of
flee waited more than eighteen years
untll the evidence had largely disappear
- - bring state charges" against the at
torhey "and then proceeded to try and
convict him before Kangaroo Court"
The 4. s. Supreme Court, by six-to-
tao decision. held that charges of I'M
fairness In the hearings were wholly
without support" and asserted that the
Commissioner Of Patents was "primar-
~ responsible for protecting the pub
~ from the evil consequences that might
result II practitioners should betray their
hlrh trasts.''
The long delay in making the charge
against the attorney and his long prac-
tee II his profession without bemish
NAY have been extenuating crcum-
stances bat We cannot criticize the Su-
preme Coure. Certainly. the Commits
sioner Of Patents should have the right
o. regulate the conduct of attorneys
practieinR before the Patent Office This
power seems TO be necessary if the public
i to be adequately protected.
Nevertheless, Associate Justice Jack
son. In his denunciation of the ghost
writing" phactee, calls attention to a
form 0f literary fraud that is widely pre-
vanent, seven in official circles in Wash
ingt0n." as the Justice points out. He
condemns the custom of putting up
decoy authors to impress the guileless''
and admits that the Courts might be
rendering "a public service in treating
phantom authors and ghost-writers as
legal frauds and disguised authorship as
. deception.
The Justice questions whether any
man "has ever been disciplined or repri-
manded for it" and whether ''any will be
hereafter" These questions naturally
arouse sympathy for the lawyer prohibit
ed from his practice but they do not JUS
fifty his previous action or the reasons be-
hind the decision of the High Tribunal.
No man can excuse his wrongful act by
asserting that others have not been pun
iShed or that others, in the future, may
not be punished
Nevertheless, the practice of ghost
writing Is reprehensible. While men in
public office, or those who make numer-
Gus public appearances. are, perhaps, en-
titled 90 the help of research assistants in
connection with the numerous addresses
and discussions that involve them, the
habit has widespread vogue in cOnnec-
ton with advertising and authorship in
other fields.
The practice is also notable in the
field Of national advertising. Numerous
testimonials and endorsements represent
nothing but cash consideration paid to a
name. The sO-called endorsement is then
widely advertised for the purpose of
fooling the gullble and putting the prod
net advertised This is also fraud
which should be prohibited by law.