The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-08-24

/
them was a so note. I've got them yet
That Justice Holmes entertains opin-
lens of his own IS NANTES from his
! quiet air Of determination His friends
have a keen appreciation Of the fact
| impressed on them by his clear-cut de-
| clarations relating to the great issues
with which the members of the legai
profession. jurists and public men have
to deal
He has frequently placed himself on
record in the most decisive terms, and
rot always PECULIARLY. His opinions in
deciding legal cases have been and are
now quoted frequently TO show his in
dependence Of thought. his clear reading
of the law in its literal phases, but more
particularly its humane meaning beneath.
His writings are those of the careful
student, gifted with the rare faculty
Of keen insight This is especially true
Of the opinions and writings of the new
Justice dealing with the relations Of CAPT
tai and labor.
| One opinion in particular is highly
priced by the students Of labor eeonom-
| les. an opinion that first attracted atten-
ton TO Mr. Holmes as a man of deci-
sion, who. approaching the new doctrine
of equal rights TO both labor and capt.
| tai, defined it squarely in the most pro-
| nounced terms. This was the case of
Megelahn against Gunter, involving the
right of striking workmen to prevent by
| peaceful argument the employment OF
men to take their places The substance
of this decision was that laboring men
seeking TO protect their interests were
entitled to the same benefits OF law as
the employer. Justice Holmes said in
this opinion
Il can remember when many people
| thought that apart from violence or
breach of contract, strikes were wicked.
as organized refusals TO work. I suppose
that intelligent economists and legisla-
tors have given up that notion today"
In every labor council in the United
States this decision is accorded a high
place in the legal literature of labor Its
enunciation drew from the press and
students numerous contrary opinions
and precipitated a controversy which is
even not yet stilled. Justice Holmes
laughingly says he has since been &C
cused Of being too radical, of leaning
dangerously near socialism. of defending
new school of thought, neither popular
nor beneficial to the public policy
But Justice Holmes makes no pre-
tense Of apology for his views as set
forth in this opinion or of the so-called
independence Of thought advanced by his
decisions in the cases of Plant against
Woods. Allen against Flood. and in his
IL -
Association at the Albany two years ago
on Law in Ssience and Science in Lew"
So widespread was the interest aroused
by the unusual views of Justice Holmes
set forth in these articles that the Har-
ward Law Review has reproduced them
in its reports for popular distribution.
The suggestion has been advanced
since the announcement of President
Roosevelt that he had decided to APP
point Justice Holmes as the successor
of Associate Justice Gray that the Presi-
dent was not aware of the advanced
opinions of Justice Holmes There arc
no facts to justify this statement The
President has long been familiar with
the unorthodox views OF Mr. Holmes not
only as far as the relations of capitai
and labor are concerned, but regarding
other leading questions Of the time.
The President perhaps may not in
dorse the opinions entertained by Justice
Holmes as some phases of the political
Interpretation of the constitution BY tho
administration. but it can be stated on
good authority hat he fully convinced
himself Of the soundness of the reasoning
by which Justice Holmes justifies his
opinions and of his undisputed ability
as jurist before making the selection.
The clean cut statement of fact set
forth in ali the opinions and articles
written by Justice Holmes and Of the
exactness of the law fitting the case
in poin; OF conclusive proof of his powers
as a capable constitutional jurist The
acceptance Of these opinions on the ef
feet OF the law by the authorities shows
their thoroughness.
That Justice Holmes entertains strong
views of his own concerning the tariff
the policy Of the government in the
Philippines. the trusts and all questions
based upon constitutional Interpretation.
his friends know perfectly we'll
They know also that he is a believer
in the potency OF the Consutution-tha,
as long as its meaning upon the points
in dispute is so susceptible Of a rigid
and literal meaning the course Of the
Government is plain
But they know, too. that Justice Holmes
while an uucompromising champion OF the
constitution. believes that II the spirit
and temper Of the people have changed.
then the Constitution should be changed
20 suit the new conditions
Il is the raiization that Mr. Holmes
entertains decidedly advanced views re-
garding the Constitution and its applica-
ton to the law that ccavinces many Of
his friends that he VII not always be IL.
accord with the policy Of the present ad-
u.inistration. either as a matter Of poiiti-
cal expediency OF IN acknowledgement OF
established precedents OF the law
VIEWS OF JUSTICE HOLMt.S
The Philippines The Constitution
means literally what he says until #
is amended 81 the spirit q the country
has changed. expanding the original the
CRY OF the Republic The only question =,
has the spirit q the country changed
2-The Tariff. As the resources Of the
nation are Developed and adequate rev
euue FOR governmental needs are provided
in this manner AL conditions and laws
favorinE any special olss should b chang
81. modified or eradicated- Government
statistics VT provide convincing infor-
nation as 70 whether the resources have
been 50 developed as 70 provide necessary
reve-tse