The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-03-06

0AlLtA lLdAto DAAiA CAAAt AUul L.
Former Justice Holmes was
not "the great diSsenter," but
he did not hesitate to stand
alone steadfast in defense of
social experiment, a foe Of in
fringement upon freedom and
usUTpatiOn of power.
In II % SIS important cases stud
fed. he dissented and the court s
decisions were reached by a bare
majority. IN 20 others his dissent
was shared by two Of his colleagues.
Only once did he stand alone.
Ignored Private Views
The law is more than a mere &C
emulation of presidents and legis-
latiye onactments, the former Jus
tIce insisted.
The present has a right to gov
EN- itself so far as IL can a.. His
toric continuity with the past is not
a duty. 1t IS only a necessity" he
wrote.
Oliver Wendell Holmes dissenting
decisions disclose him as a teacher
Of judges. He sought 10 teach that
the private views Of judges on mat
tiers of public welfare are Of
negligible value.
Attempts by government TO regu-
late the thoughts of men always
drew has opposition.
"Mcn to a great extent believe
what they want tO-althOugh I see
in that no basis for a philosophy
that tells us what We should want
10 want. he once wrote.
We Can Not Live Dreams
The law. he held. as a special
branch OF human knowledge is
more Immediately connected with
all the highest interests of man
than any other which deals with
practical affairs"
The main part Of intellectual
education Is not the acquisition Of
facts but learning how to make
facts live. No man has earned the
right 10 intellectual ambition until
he has learned TO lay his course by
a star which he has never seen. to
dig by the divining rod for springs
which he may never reach.
we can not live our dreams. We
are lucky enough # we can give a
sample OF our best and If in our
hearts We can feel that it has been
molly done.
Beyond Grasp of Man
IF ne think Of our existence not
as that Of a little god outside. but
as that of a gangliOn within, We
have the infinite behind us. 1t
gives us our on but our adequate
significance.
"A grain OF sa has the same,
but what compe, person sup
poses that he undt ands a grain
of saud2 That Is -uch beyond
our grasp as man.
II our imagInatlO IS strong
enough to accept the VI Oh OF our
selves as parts inseve BILE from
the rest. and 20 extend our final
interest beyond the boundary of our
skins. It justihes the sacrifice even
Of our lives for ends outside our
selves. The motive. to be sure. is
the common wants and ideals that
We find IN man.
PhiIOSophv OpenS HOPES
PHILOSOPHY does not furnish
motives. but 1t shows men that they
are not fools for doing what they
already want TO do. II opens 10
the forlOrn hopes on which We
throw ourselves away. the vista Of
the farthcst stretch OF human
thought. the chords OF a harmony
that breathes from the unknown. -
Why should We employ the en-
ergy that Is furnished 10 us by the
cosmos TO defy II and shake our
fist at the sky? 1t seems 10 me
silly"
Former Justice Holmes was found
always holding with the right Of
labor 10 organize. One OF his
earliest and pioneering dissenting
decision Q90D was IN the case OF
Lochner V. New York.
a New York law had prohibited
employment in bakeries for more
than 10 hours a day. a Utica bak-
ing concern. twice convicted. argued
the law denied equal protection.
The majority Of the court held
that clean and wholesome bread
does not depend upon whether a
baker works % hours a day or only
50 hours a week"
Justices Holmes. White. Harlan
and Day diSSented. This case. "
wrote Justice Holmes. is decided
upon an economic theory which a