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

and said something like this:
You really ought to do little real work
Now you are going to your Summer place and
I'll have some books sent up there for you
to read"
Holmes acquiesced. And Brandeis got the
Library Of Congress to ship up to him at
Beverly q big case of such books as the Report
on the Textile Industry" and Studies on the
Effect Of the Eight-hour Day" and the EN-
ployment OF Women in Industry" and so on.
The books arrived and were duly unpacked.
Holmes, with the remark that he really must
get to work, opened one of thsm and started In.
He read for some time. Then, very softly, he
laid it aside.
And" my Informant added got out his
Plato and sat down to read it with all the
joy Of boy reading forbidden book behind
the barn"
FIND much more paralIelism between Mr.
Holmes and Lord Balfour. New England
Cambridge New England, and Boston New Eng
1ano-1n every fiber, Mr.. Justice Holmes is
more English than new. Like Lord Balfour
Holmes is the inhabitant of every world of the
spirit, at home in every chamber of the mind
His care Tor words as well as his skeptical
philosophy is like Balfour's, who said: I'VE
can, on the naturalistic hypothesis, appeal, it
woulo SEEM 70 only one authority, namely. the
experience Of mankind"
Mr.. John Dewey finds in this very quality his
assurance Of Holmes liberalism. liberalism"
Mr.. Dewey says signifies the adoption of the
scientific habit Of mind in application to So
cial affairs"
Only by that definition can I regard Mr..
Justice Holmes as a "liberal"-and that
definition Is MIR. Deweys
Fmiosopher he Is, carrying from his boy
hood, with the great transcendentalist fervor n
the intellect. passion Of the mind cooled but
unchilled by the scientific tendencies of six
decades. - 90
One might almost say that he is first pbi-
losopher and after jurist. For his mind seems
always to proceed with two simultaneous
processes All the legal facts involved in sit,,-
alton with their purely legalistic adumbrations
are resolved through larger reasoning meta
physical in its quality. He thinks like q chemist
pouring differing elements together rather than
IKE painter evolving a pattern bit by bit
IN consequence you viii often find LAWYERS
VINO complain Of the difficulty of understand
ing his opinions. Holmes is aware of them and
amused He scornS to think for the unintelli-
gent or to be comprehended by them.
On one occasion, recently a Young LAWYER
was taken to see him. Probably in an effort
70 make himself agreeable the young LAWYER
mace some nattering comment about the
clarity" OF Holmes opinions.
Holmes turned to a friend of his and .s,d
MY Godl must be getting old!"
Two months now win see the eightv-ninth
birthday anniversary Of this great man. but
oio Is word which never has been applied
70 MIN by any one. One of the Supreme Court
remarked 20 me that it would be difncult to
write OF MIN because nothing but a naneOvric
could be written. I find that warning tine
ana In this respect Of his incredible youth
perhaps as much as in any other
FOR Out that his tall and splendid frame
has become slightly bowed, he bears no mari
OF age" at all, either in body or mind He
sun handsome and glowing with the energy
OF youth In his flashing blue eyes and sweeping
gesture as In the quick humor and deem rea.
Sonlng OF his mind. He Is still debonair still
the very parfait gentil knight.
was only short time ago that he came mt
onto the front steps Of the White House and
Iouno certain lady waiting for her motor
Inc lady was an old friend who had such aim
Guilty with her sight that she must wait there
unth ner motor came around. Holmes spied
T,,. n0ioss Ge street In Pennsylvania avenue
win word to her he was of TO call IT with
ms nand appraised he sped through the trafnc
can Just see him-tall and quick. snow-white
mustache Of the Civil War colonel. SNOWY thIck
mar. broad shoulders-every inch q man-run-
n'ng Wltn greyhound grace-and In his eighties,
ana only recently this same lady hannened
70 encounter him in q little general store, IN
: rev england village. As she Cbeing partly
Dnno) cropped handful Of silver he was
instantly picking 1t UP for her (stil that grace
% movement). crying out as he did SO, and
.r Lilly !. Is ne oid SO. Largesse! Largesse!"
rms Is the man who Sc years ago published
ms edition OF "Kent,s Commentaries"
II was this man over whom Al wears AGO
1enow professors in the Harvard Law school
shook their heads and said: He is fnakino a
great mistake! He has so undermined his
nealth with his work on the Commentary,
tnat ne VIII never survive the strain of this
work." " VALID
This is the man who fought straight throu0b
the Civil War, who was wounded IL times
thrice seriously-the man who knew Antietam
and Balls BLUM and Maryes Hill have seen
IN Frederick, In Maryland the little ho,,se tl,eu