Ignorant Justice

Upon the Supreme bench of the U. S. sits no man more learned in the law than the senior Associate Justice, bald Willis Van Devanter. Though liberal colleagues may disagree violently with his conservative opinions, they listen with profound respect in conference when, out of the experience of his full quarter-century on the Court, he expounds history, procedure, precedents. As elementary to him as the formula for water is to a master chemist, is the judicial principle that ignorance of the law is no excuse.

In his days as a pioneer Wyoming lawyer, Willis Van Devanter was an ardent horseman and grizzly-hunter. At 77, he plays an occasional round of golf, goes duck-shooting several times each season. One of these forays occurred one afternoon early last month. He and his shooting crony, Rev. ZeBarney Phillips, chaplain of the Senate, went down to the Deep Hole Point Club, a rough wooden shack on the "Old Dawdon Place" near Occoquan, Va., 35 mi. southwest of Washington.

Gunners Van Devanter and Phillips had just settled themselves in a blind beside Occoquan Bay when up rowed Federal Deputy Game Warden George King and a Virginia State warden, looking for game law violators. Without recognizing either of the gunners, Warden King asked to see their hunting licenses. Startled, the two men fumbled in their gunning coats. Chaplain Phillips produced his license first. It was entirely in order. Pasted on it, as required by a law enacted by Congress in 1934, was a $1 Federal hunting stamp, proceeds from the sale of which are used to buy and develop land for wildfowl refuges. But when Gunner Van Devanter produced his license, Warden King's brows went up.

"You haven't got a duck stamp?" queried he.

"Duck stamp?" returned the Supreme Court Justice. "What do you mean?"

Warden King, a onetime insurance salesman who works part time for the Biological Survey at $3.50 per day, proceeded to expound the law. Caught flagrante delicto, flustered Mr. Justice Van Devanter cried: "Indeed, I'm sorry. I assure you that I'm heartily in favor of anything that will help conserve ducks, and I'll stop at the post office on my way back and buy the stamp."

So potent a citizen as Motorman Walter P. Chrysler was last autumn fined in Federal Court for failing to have his duck stamp on his hunting license (TIME, Nov. 9). But when Chaplain Phillips revealed the identity of his ignorant companion, Warden King tipped his hat. "I'll take your word for it, sir," said he, and respect fully rowed away.

Not until last week did the story leak out, via Chaplain Phillips. Attorney General Cummings promptly twinkled that, because of Christmas, Mr. Justice Van Devanter would not be prosecuted.

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