Evening star., 1935-03-06
HOLMES D|SSENTS
.KEYT0PH|L0SOPHY
Career Revealed Conviction
That Mans Place Is
''in the Fight"
By the Associated Press.

By the Associated Press.
Known as the Great DiSsenter."
Justice Oliver Wendell Holmes phil
osophy was summed up in the words:
THE place for a man who is COM
plete in all his powers is in the fight"
That conviction was exemplifled in
his life, first in mortal combat during
the Civil War. then during his long
years on both State and Federal
benches.
An uncompromiSing warrior against
legal views he could not accept. his
minority opinions frequently in later
years provided guides for national
policy.
Hated Name Of 'Dissenter."
In all his long experience on the
bench only once did he stand alone.
He hated the name the Great Dis
senter,' and his record shows that
while his dissents attracted much at
tention, he was found with the ma
jority Of the court at least 10 times
as often as with dissenters.
Most of his best-known dissents
came when the court divided five to
four or six to three on some question
OF great national import
After Justice Brandeis Joined him
on the bench the two were generally
found on the same side of all uues-
tions but in his dissents he frequently
had the support of Justices Hughes,
Van Devanter, McReynolds and other
brethren" as he always called his
associates on the bench.
First Dissent in 1903.
In his first dissent, rendered in 1903,
Justice Holmes stated he considered it
useless and undesirable, as a rule. to
express dissent" but he felt bound
to do So"
Believing "the present has a right
to govern itself as far as. it can," he
was no slave to tradition, and reached
his conclusions on all questions pre-
Sented for decision by the application
OF his logic to conditions existing at
the time. He never discarded doc
trines because they were new. With
him the law changed to meet changed
conditions.
To Justice Holmes education was
not merely the acquisition of facts
but learning how to make facts live"
He thought the height Of intellectual
ambition was to learn ito lay his
course by star which he had never
seen. to dig by the divining rod for
springs which he may never reach"
Last Decision in 1892.
Justice Holmes rendered his last
decision on January II. 1882. 1t was
prohibition case in which James
Dunn sought to have his conviction
set aside by attacking the indictment
as defective. The opinion was short,
as Justice Holmes opinions usually
were. Speaking for the court, he re-
fused to set the verdict aside. Justice
Butler dissented.
Justice Holmes first decision was
rendered within q month of his an
pointment to the Supreme Bench.
It was handed down January S, 1903,
in a case from California, in which
he upheld the State law prohibiting
purchases Of stock of corporations
and associations on margin. Two
justices dissented.
One OF his outstanding dissents was
rendered in the case of Rosika
Schwimmer. who was denied citizen
ship because of her refusal to take
an unqualified oath of allepiance.
Later, Nine Schwimmer called on the
aged Judge to express her thanks for
his support.
Liked Murder Stories.
In their conversation he explained
he was taking life leisurely and ad-
mitted, when asked about his reading,
that he no longer cared to read i'm
proving matter, preferring to read
murder stories. On leaving, Nine.
Schwimmer expressed the hope of
visiting him again. His philosophy
was shown in his reply: "If live
"Oh, do not speak that way" his
visitor urged. "You are younger than
90 per cent of Others"
"Well, am 90 per cent" he re-
piled, referring to his age.