The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1916-05-19
A TEST OF DEMOCRACY
New York World)

lN6W IOIh WOlluJ
The Judiciary Committee of the Sen
ate has given dignity to a great deal of
gossip and malice in the case of Louis
ID. Brandeis, but that is not its prin-
cipal offense. It has persisted beyond
reason in an investigation which
sbould have been ended long ago, but
that might be forgiven. What is mex
cusable in the attitude of majority of
that body is its attempt to deprive the
Senate of an opportunity to vote upon
the question of Mr.. Brandeis's appoint
ment as Justice of the United States
Supreme Court.
II this nomination can be burked in
committee, membership of that exalt-
ed tribunal will depend, in this case at
least, not upon the authorities desig-
mated by the Constitution but upon a
coterie of New York and Boston in
vestors and spectators closely asso-
ciated in corporate interests There
has been no widely extended attack
upon the character of Mr.. Brandeis as
a man and lawyer Every word ut
tered against him has originated in a
narrow circle in Boston connected by
pocket nerves with Wall Street
This warfare began long before Mr..
Braudeis was named for judicial office.
1t was slanderously carried on in the
Wall Street Journal and the Boston
News Bureau It was palpably a re-
prisal for Mr.. Brandeiss activity in
exposing the mismanagement of the
New Haven Railroad.
All New England suffered by the
wreck of the New Haven but only a
small group of predatory fnanciers
was responsible for it. This group had
intimate relations with other groups,
very rich, very conspicuous socially,
in full communion with Harvard and
the Back Bay and implecabe in their
determination to have revenge. Mr..
Brandeis had turned the light upon
them. They turned their mud batter
les upon him. This was the crisis
which raised again with redoubled
fury the old storm of detracton
No doubt many excellent people
have been misled by these calumnies
Some men Of high position have been
influenced by prejudice or interest.
Thousands who have followed the case
casually, with no keen insight into the
niceties of legal practice or professions
al standards have probably gained an
impression unfavorable to Mr. Bran
deis without knowing precisely why.
But IL all emanates from one source /:
IL is all inspired by the same unworthy
purpose.
The duty of the Judiciary Commit
tee to act upon this nomination il i'm.
erative. 1t has heaped scandal upon
scandal in the matter already II has
aifronted the President, the Court and
the country. 1t has awakened issues
OF class and race OF which we shall
not hear the last in many day. II
must not be allowed at this stage of
the contention to smother the man
and the cause that have suffered SO
much at it's hands. A bold rejection OF
= an honest man Is preferable to mean
cowardice actuated by the same mo
tiVes.
Americans of every name and faith
have right to know whether money
holds the power of veto over Supreme
Court appointments; whether lawyers
OF one type only may aspire to that
bench; whether distinguished public
service as against corporate rapacity
and guilt is disqualification, and
whether helpful assistance to the poor
and defenseless is rataI barrier to
advancement in the greatest of democ.
racies. The Brandeis case is historic.
al even now. 1t may easily become
epochal.
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