Evening star., 1926-03-08

Associate Justice oliver Wendell
Holmes celebrated the eighty-fifth an
niversary of his birth today by taking
a full part in the days proceedings of
the Supreme Court of the United
States. Unbowed by age or by
wounds which he received While
captain in the Union Army during
the Civil War, Justice Holmes con
Times to be one of the most dll-
gent workers on the supreme Dench.
He is recognized as one of the hberal
members of the court, notWlthSlaHu-
ing his conservative MASSACHUSETTS,
hackqround The son of DIR. Oliver
Wendell Holmes novelist, poet ana
humorist. Justice Holmes inherited d
strain of quiet humor that Is ire
uuently reflected in his conversation
and his writings.
Justice Holmes is in far way TO
break the record of Chlef juSt,ce
Roger B. Tanney. who dled III ONCE
AT the age of 81 At intervals the
rumor springs up that Justice Holmes
Is about to retire But these rumors
die as quickly as they are given
birth and Justice Holmes goes on with
his work undisturbed. SO young
is .Instice Holmes that he gives credl-
bilitv to the remark OF another Ne"
Englander that the critical tune III
mans life is to be found between
% and 100.
An Interesting Scene.
Not so long ago a lady stroillnG
nm Connecticut avenue in the late
afternoon saw a little distance ahead
a tall. slightly bent form, when she
recognized as Associate Justice OnVer
wendell Holmes of the United states
Sunreme Court And looking stu
f,,rt her ahead her gaze encountered
walking down the avenue, the snort
and slight figure of Associate JUS
tice Joseph Mckenna of Calitorhla'
since retired Each carried an ul,s,
brella. When the twain met thl9
Iodv was but a few steps away.
ct,nri,o the truly tremendous awe In
which Americans generally hoin ti.e
hiehest court in the land ana llS
norsonnel she was astonished be\onu
words 70 witness the manner III
which the distinguished jurists greet
od each other. They stopped IN thn
Middle Of the sidewalk, squared OH
and wholly oblivious of the tlde ol
,,adestrians. poked each other WIN
tbeir umbrellas, continuing on thelt
resnective WAYS without utterlnS
word. =. ,,,,o been
"I declare. they might nave -.
two schoolbovs," was the col'iii,el. iset
~ tho eve.wi nss and the lnciueil'
10 only related TO support the sta's
ment that Justice Homes w 49,,
naIahratinc his eighty-tifth hlrthday
anniversary today. may propv'' :,
doecribed as 81 years young
uo 5,,stj1.a Holmes is u years lhe
.o,,in,. of the next oldest member Oh
- c,,nrenoe Court. Justice LOUIS -
p,.ardais also of Massachusetts re
80 olipihle for retirement seEela'
N'oa,s q go hut he still holds ms his,
Gna ord discharges his duties "ltil
irdustrv and activity when Is iiot
nxoa1lad and perhaps not equalleu py
80, ~ his distinguished coiieasuess:
az a. INV rate that is the opinion ol
1,e.o,,,ers familiar with the supreme
Court.
Takes Copious Notes.
1Io,,nas on the bench Is
s 'u9' fo, tho attention which he IN
,Io,.iobIv gives to the cases which aio
,.o;nr areued. no less than TOT ms
a,nar thinking and the WISDOM uoi :.
- long experience. on the niEiloo'
,,x+ IN his native State or Mdo9"
S.,no+tc as well as in washington H.
~ I,oona his personal record oi via.
i,onnens In the court and it 1s saio tiide
.,e .o+ac IN his locked loose leal
,nS,or IA which is part of the equipment,
of each desk, are more cofnple|o ~ |
cover a wider range or cases -
those of any of his associates out ne
oral arguments Justice Homes - iots &
stantly taking notes OF tne tonce - |
made and considered as vi ILL I. 1rbile /
~ Industry is recognized Whlle
go 20 being argued before the court
q o. ;s his independence and great learn.
,,o, relied upon by his colleagues "iieIi
.ho case is taken up for conslderdIioii
- chambers. 1t is said OF MN INA
.la+ orlv is he always good lor an
n,,;,ion' but that those Whlcn ne
uh .,lr;,es are models of clarity and prev
~, Ie has the facility of presenting
~ ~. +hrae or four pages the essence OIL
a. - 90 co no matter how involved or teen
r,ical II may be and the records OF tne
court show that he has been assis heu
~ write the opinion for the court III
great many important cases
Liberality of His Views.
Jvstice Holmes is recognized as |
Ct rict constitutionalist notWlthstahu'
ING the liberality of his general views.
He has been one of the active agencies
on the bench in bringing anout tne
recognition by the Government ol,the
constitutional provisions against un-
lawful search and seizure. This mat
ter has come before the court in prohi-
bition cases and it is said the atti,
tude of Justice Holmes has influenced
the Department of Justice in the ols-
missal of cases which were being
prosecuted on evidence secured by It's
agents without due regard to the guar.
anteed protection against search ana
seizure. He has long been looked
upon as a champion of the rights
and welfare of the people and or the
individual and possesses clear and
exact conception of common law Jur1s-
prudence.
In the Summer of 1922 Justice
Holmes was twice operated upon and
resisted the consequent drain on his
physical powers to an unusual de-
gree. He returned to his work ap'
parently the youngest man on the
bench, although the oldest in point
of years. The regularity of his life,
the fact that he does no speech
making and has few social engage