The Washington times., 1935-09-14
Radicals Use
CunningIn
Attack
By James T. Williams, Jr.


izing the American system Of gov.
ernment are rushing the prepa-
ration Of all sorts of propaganda
the sinister purpose Of which
seems to be to poison the heads
and hearts Of the American peo-
pie against the government of
which the Constitution is the
cornerstone.
Another attack upon the Su.
preme Court of the United States
will soon be off the presses. Nor
it is surprising to hear that the
author of this forthcoming
diatribe is another disciple Of
Prof. Felix Frankfurter, who Is
credited with having selected
most of the Radicals now hold.
ing key positions in the Federal
Government.
The author of this forthcom.
ing book, which 1t is said will
deal with "the Supreme Court in
the economic order," Is none
other than a lecturer at Harvard
University-one Max Lerner by
name.
Mr.. Lerner appears to resent
the enduring quality Of the fame
of John Marshall, the great
Chief Justice. BY way Of tipping
the wink to Radicals at both
ends of Constitution Avenue
what they may expect from his
forthcoming book Mr.. Lerner
has contributed to a current
periodical a synopsis Of his poor
opinion Of the judicial abilities
of Marshall.
This Radical lecturer" - he
has yet, it seems, to attain the
status of professor r"-appar-
emily seeks to prejudice the
plain people against Marshall
by likening him to "the elder
Pierpont Morgan" Marshall,
Mr.. Max Lerner would have
all loyal Americans believe, was
"a magnificent dictator" guilty
Of "dwarfing and intimidating
his colleagues"
The brilliant biography of the
great Chief Justice of which the
late Senator Albert j. Beveridge
of Indiana, a true Progressive,
was the author, is ridiculed by
Mr.. Max Lerner as being only
-four volumes of ecstasy and
hosannas." Despite the fact
that, in the writing of this
biography, Mr.. Beveridge con.
c111feI tho Lotto Accnpiofa TSycEjon
Oliver Wendell Holmes more
than he consulted any other
member Of the Great Tribunal;
despite the fact that Mr.. JUS
tice Holmes is on record in
wholehearted praise of Mr.. Bev.
eridge's great work.
With a cunning typical Of the
radical propagandists seeking,
as George Washington predicted,
Ito impair the energy of the
American system" by under
mining that which cannot be di-
rectly overthrown," Mr.. Lerner
quotes a few words of what
Holmes said, in such way, that
the reader has no way of know
ing what Holmes really thought
about Beveridge's Life Of Mar
shall.
One of his biographers says
of Beveridge:
Nothing delighted him more
than the commendation of two
men-JuStice Oliver Wendell
Holmes and Lord Haldane of
England. Many times during
the tOrtuOuS days Of the writ
ing he had strOlled over to the
nearby home Of the venerable
American jurist at Beverly
Farms and discussed his prob
lens with Holmes, and the lat
ter had seen portions Of the
manuscript"
This fact appears to have
been wholly suppressed in Mr..
Lerner's synopsis of his forth
coming attack on Marshall and
the Supreme Court. Equally
conspicuous by its absence
from this same synopsis is the
following letter which was
among the most priced posses
sions of Mr.. Beveridge but re-
garding which Mr.. Lerner is
silent:
Supreme Court of the United
Z : States
"February II, 1920.
Dear Beveridge:
"This moment sees the con-
clusiOn of reading your four
volumes, which, once begun in
the leisure Of recess, I have de-
vOured. They seem to me to
deserve every praise, even more
than I fOresaw from the frag.
ments that had read. I ad-
mire the work for the most Op-
pOsite virtueS-fOr the strenu-
Gus labor Of pursuing every fact
to the sources; for the capacity
to tell a never-flagging tale in
such a way that ones interest
is always on the alert; for the
judgment that comes from your
knowledge Of, and participation
in, politics, and from the i'm.
partiality hardly to be expected
from a man Of strong beliefs
upon political subjects. I feel
as If I had gained an under.
standing of the antecedents
Of Marshall's opinions, Of the
whole history Of the times, such
as I had never had before, and
that it would have been my
duty to read the book as Q Judge
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