Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1916-05-25


pointment
HNHE restoration of Alfred Dreyfus to
Il his rank in the French army after he
had been falsely accused and convicted
Of being spy marked the establishment
of the French Republic on new basis
Of permanence. 1t is clear now that
racial prejudice had very little to do with
the case. What came out of it was the
strength Of France to resist Bourbonism,
to overcome cliques and classes. to be a
true democracy. That famous episode
corresponds in many ways to the case
of Louis d. Brandeis, who has just been
recommended to the Senate as Associate
Justice of the Supreme Court.
There was very little religious preju.
dice against Mr. Brandeis. The opposi-
ton to him came from Interests" from
classes and from cliques. In the long
investigation which preceded the favor.
able action of the Senate's Judiciary
Committee nothing was more striking
than the fact tha the opposition was all
of one piece. Instead of the judicial robe
the opposition attempted to put on Mr..
Brandeis a suit of another material. 1t
turns out to be cut from the whole cloth.
That Is why Mr.. Brandeis becomes more
than an individual Not he. but the oppo-
sition, is on trial. Not an appointment,
but the principle of democracy, Is at
stake.
The principle will be at stake until Mr..
Brandeis sits on the Supreme Court
bench. The case against him has col
lapsed and his splendid dignity has put
to shame the trivial terrors of his enc.
mics. But even If Mr.. Brandeis had not
been cleared. If he had made grave mis-.
takes in his career, short of proved cor
ruption, II would still be necessary to in
dorse him In order to vindcate the honor
of the Supreme Court. The attacks made
several years ago on our judicial system
were insignificant compared with the
subtle and vicious undermining of public
confidence engaged in by the opponents of
Mr.. Brandeis. The Senate must give the
lie to them. II must utter a platitude and
insist that the Supreme Court exists for
the people of the United States and not
for few people OF the United States.
Like most things that every one knows
and believes, that important platitude is
too often forgotten.
The Senate has to decide whether the
highest court of the United States is a
society of legal Bourbons gathered in the
interest of corporate Bourbonism or a
society of statesmen and lawyers gath
cred in the interest of the nation. We
make no great point of Mr. Brandeis' in
nocence because we know that, on what |
ever other ground he may be acquitted he
is guilty of being a friend of the people.
He is convicted of wanting to humanize
law. He did fight for the protection of |
women in the Oregon factories. He does |
believe that corporations are as amenable |
to law as individuals. He has a profound |
of social and economic diff |
has an intimate connection with these |
problems. On all these counts he is |
against Bourbonism, against the theory |
Of the sacred rights of possessions, against |
the corporate few, against property in |
terest when it corrupts human interest. |
He is guilty, but, unfortunately, the court |
which decided his guilt is not recognized |
in the United States.
The Senate has the fate of democracy
in its hands. If it decides against Mr..
Brandeis it will confirm the charge that
the reactionaries believe the duty of the
Supreme Court is ito damn every fresh
current of life and to stem every tide of
social justice. If it confirms him it will |
the democracy of the court and
will bring it close to the currents Of pop
ular thought by admitting to it a repre-
of the latest form of radicalism.
BY its nature the Supreme Court is
TO take part in controversy. 1t
defend itself from the attacks
made upon it. But there are men on the
S~nch now to whom the fight against
has been an affront. 1t has
impeached their honor more than his.
They will rejoice with their fellow citi-
zens that the Judiciary Committee has
struck hard against the arrogant heart OF
the Bourbons. They, and the country
with them. will expect the Senate to
drive the blow home.