Year: 1863

portera-


While making some preparations, on Tuesday
morning, for obtaining an early and accurate
report Of tho decisions Of the court about to be
given in the important causes then pending, we
were coolly told by one Of the very gentlemanly
clerks Of the Office, that II was against the rules
Of the court to allow such reports to be made,
and that the reason for II was fear lest innc-
curacies should find their way into the publish
ed accounts, unless the decisions came to the
public through the channel of the regular OIL
cial reporter Of the court. Without any inten.
tlon Of committing contempt Of court" we,
nevertheless, perseyered in our purpose, and
gave, the same afternoon, the earliest accurate
report Of tho various points discussed and set
tied In the decisions which were announced.
Nor do we believe that, upon reflection, this
court, or any othOr, at this day, would under
take to enforce a rule which has no better foun-
dalton than a most narrow and mistaken no.
tion of the rights and duties of the press, and
its useful capacity to furnish truthful and
speedy information of the dolngs Of judicial
tribunals. We at first thought that the notice
was intended only as matter Of humor, but
we afterwards learned from the reporter OF New
York paper that he had also received q similar
notice in earnest, and this leads us TO another
remark:


We did not SEQ, on this occasion, any "ofn.
cial reporter" in the eeourt room engaged in the
duties of his Office; and We were told, on in-
qulry, that during tho whole term, which has
Just closed, no such Official has been In attend
ance on the sessions Of the court. That there
is such an office as that Of reporter, with a
salary Of 81, 800 attached, and with perqulsltes
arising from tho sale Of his volumes amounting
to some 1900 more, we are well aware; but
it is equally certain that he is not seen in the
court room except while employed in the bust
ness Of private clients, and managing their
causes. That we should be notified, then, that
1t is improper for the proceedings and decisions
of the court to be reported and given to the
public by any other than the official reporter
is little extraordinary. And we are inclined
TO the belief that II any such rule was ever es-
tablished, the good sense Of the court has sui
fered it to become obsolete, as being more hon
ored in the breach than in the Observance, and
until an injunction, in form, is laid upon us,
we shall continue to give the public early and
accurate reports of all the dolngs of the court
which may be of interest.


One other inquiry is suggested by what we
heard from various quarters connected with
the subject. II is, how far 1t is consistent with
the duties Of the official " reporter, and with
the rights Of parties lltigant in the Supreme
Court, that he should be engaged as counsel
for parties in cases pending in the same court.
OF course the performance of his duties must
bring him into a close confidential intercourse
with the several judges, to which other counsel
are not admitted. How such opportunities
might ho open to abuse by an unscrupulous
official, is quite easily seen; while 1t is equally
true that every upright judge would repol and
rebuke, at the threshold, the frat manifest at
tempt to influence his Judgment by arguments
or explanations which are not made In open
court where the counsel for the adverse party
could hear and meet them. Nor DO We mean,
Uor would we have any one suppose, that by
any possibility we could intimate, that any such
thing ever has been donei and much less, by
the distinguished gentleman who now holds the
Office Of reporter. All we intend to say is, that
no such relations ought to exist as to leave RON
for an unfair mind TO harbor a suspicion upon
the subject.


The Almadeu case, which was decided on
Tuesday, is one which illustrates this point with
great force. 1t was case involving millions
of dollars, and the real parties litlgant have
expended money without stint, and almost with
out count, to secure a favorable decision. The
stock Of one of the parties has been the subject
Of large operations in Wall street, at the bro
ker's boards, and in Philadelphia. How the
price was to be affected by this decision may
be understood when we see that, under It's in,
huence, the stock Of the Ouccessful party Jumped
in one day from s12 or Sl4 to 600 and $50
How valuable, then, to parties or SPeculatorl
must have been any forelnowledge of what tha
decision was to be That any such knOwledg,
was in fact obtained, we have never heard i
charged. But the points at which we direc
our remarks is simply that the relations Of coun
sols In the case ought to be such as to have
made II wholly impossible.


specie for Europs.