Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-05

Schenck case under the espionage
act.
Holmes Is not q crusader. He Is
not bothered by the fact that some
people have much and others have
little. 1t Is when some actual fact
of legally removable oppression of
the weak by the strong arises that
he Is angry. When It SC arises he
observes it solely in the light Of the
Constitution and the law.
". II there Is any principle Of
the Constitution" he says, in course
Of his dissent in the Schwimmer
case, that more imperatively calls
for attachment than any other it Is
the principle Of free thought-not
free for those who agree with us,
but freedom for the thought that we
hate" (279 u. s. 647.)
should like to continue to ana
lyze his diSsents In this way to prove
my point. But I win, instead, re-
count some remarks Of his which are
told OF him in Washington.
Listening to some Of his young
admirers who had been discussing
their theories Of social justice in his
presence, he said:
"You young men seem to think
that If you sit on the world long
enough you will hatch something
out. But you're wrongr'
Then there Is the tale of an Oc-
casion when certain ladies called
upon him to engage his interest In
some reform they were passionate
about. He listened to them with that
alively ardent look which charms
every one who sees him, and they
were charmed. He was impressed,
they thought. He was theirs, they
thought.
When they left he is said to have
followed them to the door and, smil-
ing after them as they went down
his front steps, he called out:
But remember, ladies, there amt
no onward and upward!"
Your average liberal" would as
soon deny his own thought as to adj
NIT the incompetence Of the ma
jority. Not so Holmes. Driving
through Potomac Park one day, he
said:
"Just look at all these people come
to see the cherry blossoms! Why do
they come? Is it because they really
like them? Or is 1t because they
think it's the thing to do?"
Nor is his view on war like theirs.
The moment was upon us wherein
every one knew we must enter the
World War. Some Of those young
thinkers who were afterward to Gre
0fa iVN Uvo cINfV1n That WneSAavNNfA1
club known as THE House of Truth"
used to gather about Mr.. Holmes
seeking-and seeking in vain-Some
consolation from him upon the SUBJ
ject of war.
One of these (now well known
high thinkers looked at him solemn.
ly and said:
But it just can't happen"
young feller," said Mr.. HolMneS
with his characteristic drawl, young
men in college know only what has
happened, during four years. 1T can't
happen they say, because they have
never seen 1t happen. I have lived
through four wars and I win live
through. another If I live long
enough"
n OeCdOS ldCeE ne WAS 10 TeHlaTk
from the bench:
II do not share that optimism nor
do think that philosophical view
of the world would regard war as
absurd" (279 u. S. 645.)
Now am not trying to prove
that Mr.. Justice Holmes is not q
liberal" only deprecate the eff
fort of those who try to prove
Nor is he reactionary, radical, Tory
ing else to be described in political
re to leave that Technology behind
think of Mr.. Justice Holmes and
Though you will never
find one for him) in philosophy.
llling him a twentieth century realist
as close to 1t as anything-though
) have already suggest:d) a COM
to bracket him with Mr.. Justice
Two utterly different methods of
scarcely be found than theirs.
tale in point. It was said that Mr..
felt somewhat concerned about his
lines way of removing himself from
today's conflict into the pure ether