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Supreme Court — Part 19
Page 26
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2-2. @ 6
#%. eee bag : PORN,
uis D. Brandeis
most reliable keys to the trui
remarkable career of former Justice
words social justice, democracy and
human liberty. When this great states-
man of the bar and bench died yesterday
he had given us a new conception of the
ideals summed up in these words, To be
sure, those ideals have always, in some
degree, guided the American experiment
in self-government. Too often, however,
they have been overshadowed by selfish-
ness, corruption and class distinctions.
The monument which stands already
erected to former Justice Brandeis is a
\ lifetime of work devoted to the successful
- adaptation of political, social {ind
enonomic agencies to those guid:ng
inciples. a ‘
In his more recent years the great
: Wrist had come to be regarded in many
‘ circles as a social philosopher best known
| to the public by his scholarly dissenting
‘ opinions. But that view fails to do him
justice. Mr. Brandeis was a crusader long
_ before he became a distinguished ex-
| pounder of the Constitution. And from
first {o last his interest lay in the human
problems behind all legislation and ail
social systems. Once he declared, “I have
no rigid social philosophy; I have been
too intent on concrete problems of
practical justice.” Throughout his 23
years of service on the Supreme Bench
his approach to public issues followed
this trend. And even since’his retirement
| in 1939 he had been preoccupied with
suth basically practical questions as how
employment can be assured for everyone
in this complicated age without the sur- broad pattern of constitutional d
Loujs D. Brandeis may be found in the °
wy
attacking “the curse of bigness” he
not invented a social theory. Rat
r
. had observed that exploitation us ly
Jollows the concentration of vast pow}rs
jpto a few hands. His crusades as ‘Whe
‘People’s lawyer” were aimed at specific
abibes that tended to make a mockery
‘of |individual rights. Out of this actual
4 tience came his clear underst,
@it the public interest as well as his zeal
in fighting for adjustments that give
meaning to social justice. Many of those
who fought his confirmation as an
associate justice doubtless feared that his
aim was to destroy free enterprise. They
were grossly misled. His primary in-
terest was in preserving those qualitie:
of democracy which enable it to surviv,
in a changing world, ; we
He was ready to protect the we
against the strong whether the oppressor
were big business, big labor or an over-
‘reaching government. No doubt that is
_one reason why he joined his colleagues
of the Supreme Court in overturning the
_NRA and refused to sign the dissent in
the “hot oil” case. For Mr. Justice
Brandeis was 2 true liberal both in the
period of feeble conservatism and in the
‘later period of slap-dash legislation, His
‘al was not to create a new syster but
it tablish a larger measure of faijhess,
honesty and social justice within! the
Ot
reader of liberty. Nor did he retire intojTacy created by the founding fathers, _
anjivory tower to give his reflections fee
‘rein. Much of his energy in the last t
: yellrs was devoted to the Zidnist mo
: ment of which he was head before
y.ascended the bench,
o
e
ut x
ae ot
a”: a
Mr. Tol+on
Mr. FE. A. Tamm....-
Mr. Chena
Mr. Glavin _..---.----
Mr. wean
| Me. Noechola af ...2-
te, FeAcy eccee cence
s, fevson
| s.r, Keven
fs. cesson conve
WR OMEY. eee ceeees
Pain?
t can, Tioliomiam..---.--
ite. Quinn Tamm....
My.
_ So it would be a real mistake to dif
is great American as merely a brill
issenter, It js true that his dissengs,
ose of Justice Oliver Wendell Ho
which he so frequently joined, poi
the way to a truly liberal interpreta
of our basic laws. But aside from t
minority opinions, he has exerted pos:
force in bringing about # more de
cratic approach to our social prob
No mere dreamer or ascetic philoso|
could have influenced our thinking
conduct as Justice Brandeis bas d
Tt was not enough for him to plead
cause of social and economic experin
tation within the limits of a bro:
interpreted Constitution, as ke dic
dissenting from the court’s epf in
Oklahoma ice case. In his younger
he helped to give form and directio
many such experiments, and his clai
distinction rests upon that record as
as upon +his judicial efforts to hg.
balance between authority and lity
He takes his place in history as E
lawyer for the public, jurist an ry
man because he brought j |
to closer relationship te human w:
[That ig a tribute which can fad
ith the decay of democracy itself:
ocT 6“ 1941
WASH. POS!)
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