The Supreme Court | An amusing, unofficial Supreme Court deliberation

Property of a New York Collector

The Supreme Court

Photograph of the Harlan Fiske Stone wartime Supreme Court, with signatures of all of the justices and humorous endorsements by several of them

Gelatin silver print (178 x 282 mm), 1941, with ink stamp on verso of International News Photos; a little wrinkled, marginal soiling. Accompanied by the original board mat signed by the nine justices (Stanley Reed, Owen J. Roberts, Harlan F. Stone, Hugo L. Black, Felix Frankfurter, James F. Byrnes, William O. Douglas, Frank Murphy, and Robert H. Jackson); the mat browned and cracked, with one repaired crack running through the signatures of Reed and Byrnes. Also accompanied by a leaf (279 x 215 mm) of blue-ruled paper, perhaps originally affixed to the back of the frame, endorsed by Black, Frankfurter, Jackson, and Murphy and signed with their respective initials; stained, backed with archival tissue.

"This is the worst picture … in the whole lot." On the accompanying sheet of writing paper, a minority of the court voices its strong objection to the quality of the photograph. Justice Black opens the commentary on 4 November 1941 by observing, "This is the worst picture I have seen in the whole lot. I am not signing but will do so if the remaining do. It seems to me however that it might be a good idea to require selection of better photographs before we sign." Justice Frankfurter's opinion is the same: "I concur with regretful enthusiasm." Justice Murphy also concurs: "Inasmuch as others are available I agree."

But Justice Jackson offers a dissent: "Maybe we are not as good looking as we think. Perhaps it is the best the camera could do. Anyway I sign—without recourse." Justice Frankfurter circles the first word of Jackson's opinion and offers his second comment, "Shows how judicial you are! 'Maybe'—for my own 1/9 part I'm sure so!!" At this point, Black yields, directing his final remark to Frankfurter and Murphy: "Since six have signed I suppose we should acquiesce."

PROVENANCE:

Christie's New York, 3 December 2007, lot 195 ("The Property of a Gentleman")