Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-04-30
Time for the Senate to Act

wv HETHlIR responsibility for the delay in
w reporting to the Senate the nomination
OF Louis ID. Brandeis, to be a justice of the
Supreme Court of the United States is
chargeabe properly to the Republican or the
Democratic members Of the Judiciary Com
mittee makes small difference. The COM
mittec should report. and if there are Demo
Gratis who desire TO report unfavorably-as
Senator Smith. OF Georgia says he would do
they have that privilege.
The American people we believe. have
made up their minds about the desirabiity
OF this nomination. They have read the evil
dence OF tho critics and opponents OF Mr.
Brandeis who appeared before the subcom-
mittec. and they have read also the tributes
of men who have been close to him through
out his long and active career. and who bear
testimony equally to his fine public spirit
and to his eminent abilities.
Former Governor Walsh. of Massa chusetts
says he knows of no one "who without
emolument or honors OF public Office has
given so much of the valuable constructive
service OF trained lawyer to the public veal
as Mr.. Brandeis." 1t is just praise The
history Of progressive legislation in Massa-
chusetts, in banking, insurance, railroading
manufacturing and social reform, has been
linked for three decades with the labors or
this distinguished advocate. He is Il great
lawyer and great Citizen says Governor
Walsh. is not this a combination for
great iudge?"
Naturally, he has made enemies No man
can fight the battles of the people and not
make enemies Of the representatives of spc-
cial privilege. In New England especially
where the great manufacturing interests and
dominant railroads draw to their counsel
tables the abest Of the legal profession, no
lawyer can take the peoples side and not
make enemies among influential and sue
cessful members of the bar Nevertheless
not all the able lawyers in New England are
included among Mr.. BrandciSS critics. Men
like Roscoe Pound. former dean of the IIar-
ward Law School, have rallied to his support
Ihat some lawyers-eyen some lawyers
of acknowledgements n nomination to the
Supreme Bench is not conclusive of its i'm
propriety or unwisdom. Such theory would
have deprived the country OF the services of
John Marshall, and Virginia lawyers who
hated that great jurist roundly would have
been responsible in part for the sacrifice
Ii is ventured by some ll-advised persons
ihat the mere suggestion of personal or pro-
icssional untitness ought to prevent the con-
firmation Of "A nominee for the Supreme
Court. That is ridiculous. of course The
question is net what some witnesses think
OF the nominee, but what he actually is
campaign Of SANDER may be waged against
any one, and it should not be sufficient as
senator Chiffon points out, Ito bar the best
men and the best lawyers in the country from
the judicial office"
If, however, evidence OF opinion is to be
taken. il is worth while to listen to the words
OF the late Chief Justice Melville f. Fuller
GO TO Boston and see Louis d. Brandeis"
the then Chief Justice told an applicant for
legal advice, "as consider him the ablest
man who has ever appeared before the
Supreme Court of the United States He is
absolutely fearless" Mr. Brandeis would he
as fearless in the discharge of his duties as
Judge as lie has been in the discharge of his
duties as counsel and citizen
We have faith that the Senate will confirm
this notable appointment. At any rate
report should be made aud the issue fairly
presented.