Evening star. [volume] (Washington, D.C.) 1854-1972, 1932-09-25
Capital Sidelights
BY WILL p. KENNEDY,

Impressed by Gilbert X. Chesterton's
remark that the most important thing
about a maA is his philosophy, George
r. Farnum, former Assistant Attorney
General, has made study Of the phi
lisophy Of life of Justice Louis D.
Brandeis Of the United States Supreme
Court, which leaders in the legal pro-
fesSion say will have strong influence
toward better understanding of Justice
BrandeiS. both as gentleman and iuriSt.
Throwing revealing light on why
he has thus been studying Justice
BrandeiS and on his own purpose in
participating in national political life,
MI. Farnum calls the attention of the
Federal Bar Association, composed of
lawyers in all branches of the Govern
ment service. to this statement by De
TocqueVllle: Il cannot believe that a
republic can subsist If the influence of
the lawyers In the public business does
not increase in proportion to the power
of the people"
Mr.. Farnum recalls that the assistant
solicitor general said to him one day at
the Department of Justice, When Mr..
Justice Brandeis writes an opinion for
the court dealing with question OF
Federal practice the law Is settled for
SO years to come" He translates this
that the opinions of Justice Brandeis
were so clearly expressed and the in
clusion and exclusion Of the principles
enunciated so unequivocably defined as
to afford none of that difficulty of con-
Struction which is sometimes expe-
rienced in the future retaliation OF q
precedent He says also that the
Justices amplification Of the arguments
supporting and statement Of the rea-
sons sustaining the conclusions reached
were SO clarifying as to constitute
real contribution to the legal learning
in the general field of law involved
Mr.. Farnums impression is that
Justice Brandeis thought and his life
are most strongly and vitality implicated
In the social trends and economic
tendencies OF our age; that he is a
prophet Of those aspirations Of people
that involve its adjustments to the
exigencies Of an industrial civilization.
He finds the Justices position is that
Of q pronounced liberal among the
members of the court in his attitude
toward the extent 10 which social and
economic experiments should be con-
stitutionally permitted within what an
other noted Massa chusetts justice on
the Supreme Court bench. Mr.. Justice
Holmes, described as the insulated
chambers of the States"
If Justice BrandeiS' career had not
been cast in professional, and then. by
logical transition, into judicial chan
nels, Mr.. Farnum estimates that his
great talents would have been devoted
to the business world. and that his
efforts would have their greatest i'm
pulsion in industrial and social expert
ments looking toward the harmonious
adjustment of the conflicting interests
Of capital and labor and toward a
permanent and substantial improve
ment in the conditions of life generally
in an era Of Specialization Of industry
and machine predominance and toward
workable reconciliation between the
rights OF individual self-expression and
the necessities Of organized social
action"
In Justice Brandeis' thought, says Mr..
Farnum, economic pragmatism is con-
stantly in ascendency over the con-
straints Of strict legal logic-the ex-
igencies OF working out business prob
lens according to current standards Of
democratic utilitarianism and current
morality over orthodox forensic Iatioci-
nation"
Pride in the contribution Of his home
State of Massachusetts in furnishing
full share of great justices to the
United States Supreme Court is ex-
pressed by Mr.. Farnum. They have
always discharged the duties of their
exalted Office with distinction and have
shed luste: on the State from which
they came he has assured members
Of the Mas: achusetts State Society of
Washington, of which he served as
president for long time. Mr.. Justice
Brandeis is valiantly maintaining this
great tradition" he concludes