Evening star., 1935-03-06

~ LIVER WENDELL HOLMES,
oldest man to hold seat on
the Supreme Court of the
~ United States, was "the great
dissenter" to one legal gen.
Grafton and the apostle of human
rights as opposed to vested interests
In another.
He lived long enough to have the
pleasant experience of seeing views he
had expressed as leader of a minority.
become the guides of a majority of
the high tribunal, development
which made for him a place all his
own in the history OF American Juris-
prudence.
For close to half century he served
continuously as a judge, State or Fed
eral. and only the physical burdens
OF 81 years finally forced him to write
his resignation. Beginning December
8. 1882, he was justice of the MaSsa-
chusetts Supreme Judicial Court for
II years and then Chief Justice for
three years. From that post he was
elevated to the highest court In De-
cember, 1902, by President Theodore
Roosevelt. He wrote his resignation
on January II, 1882
Courts Oldest Judge.
While he was the oldest justice ever
to wear the robes of the high court.
he lacked five years of equaling the
service records there of Chief Justice
Marshall and Associate Justices Field
and Harlan, each of whom served "a
years in Washington. But the judicial
career of none of these equaled the
mark of more than 40 years of court
work established by Holmes.
He brought to the Supreme Court
. mind sparkling with genius
inherited from a brilliant father: a
mentality sharpened by legal study
and lmbued with lofty sentiments to
protect the vested rights of man in
the greatest tribunal of the world.
1t was this last trait out of which
history probably will fashion its ped
estal for Associate Justice Holmes as
a member of that gallery of great men
who have worn the robes of the Su-
preme Court of the United States.
Reared in an atmosphere of the best
American traditions, Justice Holmes
supported the rights of man as para
mount to property rights He inter-
preted laws as vehicles for effecting
mans will and consistently maintained
throughout his long judicial career an
attitude which stamped him as a pro-
greSsive as distinguished from that
school of thought commonly called
conservative or reactionary.
Fought for State Rights.
He not only championed what he
considered the welfare of the people,
but he fought to preserve State rights
against the constant trend to extend
Federal control.
In the Interpretation of laws he re-
garded what he considered the object
which the people sought through them,
rather than strict construction of the
language of the statutes. He opposed
giving weight to language in a law
over the motive and intent of its en-
actment. A legal principle once eStab-
lished received his reinforcement
against technicalities.
His personality was remarkable
combination of aristocratic habit and
democratic mentality. Socially aloof.
shy Of publicity to the extent of shun-
ming newspaper representatives, he
was accessible 10 any one with court
business and gave attentive ear to
every cause.
He was punctilious in the observance
Of all the demands of polite inter-
course and never permitted saluta-
ton to pass without response. He was
particularly observsnt of such niceties
around the court, bowling with stately
grace to all who greeted him, never
failing to give cheerful good morn
ing" to the court attaches.
From his father, author of THE
Autocrat of the Breakfast Table" and
whose full name he bore, and his
mother, the daughter of chief JUS
tice of the highest court of MaSsa-
:husetts, he inherited cheerfulness and
vivacity. sympathetic humor and wit.
He spoke with pronounced Boston
accent and twinkling eyes, his face
generally showing a friendly smile re-
gardless of the cutting edge of his
words. Seldom was he provoked into
a frown.
Although thrice wounded in the
Civil War, he was not materially i'm
paired in health until 1922, when,
after celebrating his eighty-first
birthday anniversary, he submitted to
two major operations. But they gave
him a new lease on life Prior to that
his friends were apprehensive that
wonderful career was drawing to
close.
He resumed his judicial duties with
his old-time vigor. showing as he ap-
preached his Goth birthday anniver-
sary none of the ravageS generally
marking advancing years except q
slight shoulder stoop from his former
military carriage and the whitening
Of his hair and dragon mustache.
A face youthfully pink defied wrinkles
and his thick thatch of hair showed
no signs of badness. Well over 6
feet, with broad shoulders and ath-
letic body, he had great dignity and
personif1ed distinction.
Before the days of the motor car
his was familiar figure on Pennsyl-
vania avenue, as he walked to and
from the court With advancing
years he was forced to forego such
exercise and hired an automobile.
To the last he remained in har-
ness, long after he had reached the
age OF retirement. declining, in the
keen interest of his work, to lay it
aside for a life of ease.
Opinions Classical
His opinions from the bench were
classics, gems of exquisite diction, the
essence Of brevity. appealing alike to
layman and lawyer through their
logic. They contained literary and
judicial nuggets for those who looked
under the golden surface groupings.
Known widely as a dissenter, des-
ignation very distasteful to him, he
had powerful influence among his COL
leagues on the bench Admiring him
for his profound learning, they had
great respect for his Interpretation Of
the law, although sometimes disagree
ing with his conclusions.
He published, with coptous notes,
the twelfth edition Of Kent's Com
mentaries, recognized as a standard
text book, and for three years. early
in his career, was editor of the Amer