The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-04-21
Justice Holmes Tells of
Heartaches They
Bring to Him.
EXPRESSION OF
GENERAL UNREST
In Speech at Private Dinner, JUS
tice Says He Tries to Bear 1t
Philosophically and Gather
Something Good From At
tacks on Tribunal of
Which He Is Member.

Washington, April 20.--IIow the Su-
Dreme Court OF the United states, or
at least one member OF it. views the
set forth in a speech by Justice Oliver
Wendoll Holmes. made public to-day
in the form OF senate public docu-
ment. Justice Holmes delivered the
speech recently at "A private dinner in
New York
Science has taught the world skep-
ticism. the justice said. by way of
preface. aud made it legitimate to put
everything TO the test OF proof
Makes His Heart Ache.
"Of course. we are not excepted" he
said, referring TO the Supreme Court.
Not only are we told that when Mar
shall pronounced an act of Congress
Unconstitutional he usurped n power
that the Constitution did not give. but
We are told that we are the representa- :
tives of class. a tool OF the money
power. get letters. not always auony-
nous, intimating that we corrupt.
Well. gentlemen. j admit that il makes
my heart ache. II is very painful when
one spends all the energies OF ones
soul in trying to do good work, with
no thought but that OF solving prob
lem according 10 the rules by which
one is bound. TO know that many see
sinister motives and would be glad of
evidence that one was consciously bad.
But we must take such things philo :
sophically and try to see what we can
learn from hatred and distrust and
whether behind them there may not he
some germ Of inarticulate truth.
The attacks upon the court" the
justice added. ARE merely an express
sion OF the unrest that seems TO won
der vaguely whether law and order
pay"
A very important truth TO be ex-
tracted from thepopular discomfort,
according 10 Justice Holmes. is that
Judges particularly In State courts,
have read their conscious or uncon-
scious sympathies preinaturely into
the law.
1T cannot be helped; it Is as IL should
be-that the law is behind the times"
declared Justice Holmes, ''As law en-
bodies beliefs that have triumphed in
the battle OF ideas and then have trims
lated themselves into action while
there is still doubt, while opposite con
Nictions still keep a battle front against
each other. the time for law has not
come; the notion destined to prevail is
not yet entitled TO the field
Fcnr Translated Into Doctrine.
In connection with this discussion of
premature Law, he expressed the belief
that twenty years ago. when q vague
terror went over the earth and the
vas translated by judges into doctrines
that had no proper place in the Consti-
tuition or the common law.
Judges are apt TO be naive, simple
minded men, and they need something
Of Mcphistopheles,' observed the JUS
tce
Justice Holmes concluded by saying
that as ne grew old lie grew calm, and
predicted that competition from new
races will cut deeper In the future than
workingifen's disputes ana viii test
whether we can hang together and
fight"
II do not pin my dreams for the flu
ture to my country or even TO my race,
he said. II think 1T probable that civ
ilization somehow will last as long as
I care TO look ahead. think il no,
improbable that man. like the grub
that prepares chamber for the winged
thing ii never has seen. but is to be-
that man may have cosmic destinics
that he does not understand, and so be-
yond the vision OF battling races and
an impoverished earth eaten a dream
ing glimpse of peace"