Motion for leave to file brief as amicus curiae
THE CHIEF JUSTICE: In support of this motion, certain letters
were presented showing that request was made of counsel for the
respective parties for their consent to the application, and that
they withheld direct consent, leaving the matter entirely to the
Court to determine. When the motion was submitted, objection to the
granting of leave was made by counsel for appellees.
Where, in a pending case, application to file briefs is made by
counsel not employed therein, but interested in some other
Page 191 U. S. 556
pending case involving similar questions, and consent is given,
the Court has always exercised great liberality in permitting this
to be done. And doubtless it is within our discretion to allow it
in any case when justified by the circumstances. Green v.
8 Wheat. 17; Florida v.
17 How. 491; The Gray
5 Wall. 370. It does not appear that
applicant is interested in any other case which will be affected by
the decision of this case, as the parties are represented by
competent counsel, the need of assistance cannot be assumed and
consent has not been given.
Leave to file must therefore be