The Washington times., 1902-10-13
JUSTICE HOLMES TO
AWAIT CONFIRMATION
Will Not Attend Opening
of Supreme Court
RESUME SESSION TOMORROW
Action of Newly Appointed Member in
Consonance With Custom More
Than Century Old.

Court meets tomorrow the new associ
ate Justice, Mr.. Oliver Wendall Holmes
OF Massachusetts, will not be on hand
nor will he take his seat until afte,
Congress meets. II is in consonanct
with custom over hundred years ole
that he will not sit with the court unit
his nomination has been sent to the
Senate and confirmed.
In 1875, John Rutledge. of South Car
olina, was appointed chief justice In
the place OF John Jay, resigned. and
took his place at the August term OF
the court the same year. When, in
December next. his name was sent to
the Senate his nomination was rejected
on the ground that his mind was dis-
eased. William Cushing was appointed
but declined. Oliver Ellsworth was ther
appointed and his nomination immedi-
ately confirmed. Judge Rutledge died
about five years after his appointment
and the rejection of the nomination.
Judge Holmes was admitted to prac-
tice before the Supreme Court of the
United States January Il. 1879. and i'm
mcdiately appeared with E. S. Mansfield
as counsel for defendants in the case
of the United States against the ex-
ecutors of Cakes Ames. This was an
admiralty case involving the seizure in
1866 in Louisiana Federal court juris-
diction Of a steamboat with a cargo
of 1,l20 bales of cotton which had been
purchased by Oakes Ames and others.
Won the Case.
The Louisiana court decreed the re-
storation Of the property to the pur-
chasers After some years of litiga-
tion the case was appealed from the
chusetts to the Supreme Court of the
United States, which affirmed the orig
inal decree. Justice Clifford delivered
the opinion. Thus Judge Holmes won
his frst and only case before the United
States Supreme Court. the decision be-
ing handed down in February, 1879.
That class of lawyers who. standing
in the highest ranks of their pro-
fession, have not ceased to be students
of the Law, anticipate the coming to the
tfce Holmes with the keenest inter-
est. His reputation as a writer and
lecturer on the law. and as a jurist is
not confined to the schools and courts
Of New England. The Old World has
heard of him and learned his views with
exceptional interest. He long ago at
tracted attention for his depth. origi-
nality, and grace of diction. Thirty
years ago he held that a sound classifi-
cation of the law is impossible, except
on the basis of the ultimate conception
of duty.
Leonard A. Jones writes in tho
American Law Review" of having
heard the law lectures of Judge Holmes,
much of she matter of which he had
long before committed to writing. THE
manner of his delivery" says Mr.. Jones,
seemed then. as 1t does now, mar
velous Intellectual performance, for the
delivery was not a matter of memory,
30 much as a process of reasoning By
\ mind thoroughly imbued with the SUBJ
ject."
A Union Soldier.
l gallant soldier of the Union during
three years of the great civil war. He
bears the scars of three battles. He
was wounded in the breast at Bali $ |
Bluff, shot through the neck at Ante |
tam. and in the foot at Marye's Heights. |
His utterances IN the |
subject of the war. show him 20 be 4 |
borough believer in the stress of cir |
and environment in FORM
ng mans convictions. The best men
le believed lived in passion and action.
ind In feeling that made them shar-
rs of the lot of their neighbors.
The South. he thought, was right in |,
hat feeling. as was the North II
ras best that a man should share tue
,assion and action of his time at peril
4 being Judged not TO have lived.
The most Interesting divulgence Just
ow of the manner of mind possessed
y Judge Holmes is disclosed in what
e has expressed on the bench as to
lbor unions. In a case decided in 1896
be majority OF the Massachusetts su-
RENE court held the maintenance of a
atrol OF two men by a labor union in
-ont of persons premises until he
aould adopt a certain schedule II
rices. in combination with persuasion
nd threats OF personal injury to per-
ms employed by him or seeking en-
loyment, to be a private nuisance
hich equity will restrain by injunc- !
on. !
Judge Holmes showed himself against {
government by Injunction" dissenting c
, the ground that an assumption that !
patrol necessarily carries a threat of
IDLY harm is unwarranted. and that !
union has a right by peaceable means s
dissuade other workmen not under 7
ntract OF employment. He thought 1t
wful for a body of workmen to try by
animation TO get more than they are n
" getting. although they do II at the II
pense of their fellows. and to that end s
strengthen their union by the boycott L
d the strike. = :,