Evening star., 1939-02-14
Theme of Peoples Lawyer
Set Career of Brundeis
Early Course Led to Bitter Fight on
Nomination, Years Bringing Vindicotion

hired a private army to shoot at
organized labor for resisting an arbi-
trary cut in wages, to turn my mind
definitely toward searching study
of the relations of labor and indus
try"
This interest later was to make
him one of the most forceful de-
tenders of the early efforts Of
States to regulate the hours of
women in industry, and to spur his
advocacy of other legislation de-
signed to better the conditions of
the American workman.
THE American standard of living
demands not only a high minimum
wage, but high minimum of leis-
ure, because We must meet also
needs other than material ones," he
wrote on one occasion.
In the field of utility and rail
regulation, Brandeis' voice also was
powerful.
Acted for Consumer.
He fought the merger of the Bos-
ton & Maine and New Haven Rail-
road and predicted accurately the
collapse of the latter system because
Of managerial policies. AS volunteer
counsel for the Public Franchise
League of Boston, he conducted q
successful battle to maintain public
ownership of the privately-o operated
subway system of the city; he was
instrumental in bringing down gas
rates, and, going outside of the utili-
ties field, forced reduction in the
premium costs of industrial life in
surance.
1t was with this background that
the name of Louis D. Brandeis was
offered for the Supreme Court.
Then the storm broke.
Radical" was the mildest term
hurled at the nominee. He was the
first Of his race ever named for the
Supreme Court, and foes did not
hesitate to drag his faith in.
At one time, seven former presi-
dents of the American Bar Associa-
ton wrote the committee it was
their painful duty" to express the
opinion that Brandeis was mot q
fit person to be a member of the
Supreme Court of the United
States" Among the signers was
former President William Howard
Taft, who as Chief Justice was to
be an associate of the object of his
criticism
There were notable voices raised
in his behalf. One was that Of
| nov UoleI, Govor,,or <l,a,, ooS
now Senator from Massachusetts,;
another, Thomas j. Walsh, Senator
from Montana, who died while pre-
pairing to take oath of Office as At
torney General under Franklin D.
Roosevelt; the late Newton D. Baker
submitted brief in his behalf, and
in the long list of liberals who signed
1t was the name of Frances Perkins,
now Secretary of Labor.
Battle Ragged Five Months.
For five months the fight over the
nomination waged. Then the SEN
ate voted 47-22 for confirmation.
There were q members of the Sen
ate not voting.
In the high court, Justice Bran
deis found a kindred spirit in the
person of Oliver Wendell Holmes.
Until Justice Holmes bowed to ad-
vancing years, these two, usually In
the minority, laid down the concepts
OF law that in a new day are be-
coming those Of the majority.
Holmes and Brandeis dissenting"
| hQn0n fononI1C 0pn 1f
sents often has been recalled in the
light OF the social legislation under
taken by the New Deal.
In 1882 the court invalidated an
Oklahoma statute which sought to
regulate competition in the ice in
dustry under a licensing system
Justice Brandeis wrote the dissent
ing opinion in which he was joined
by Justice Holmes.
1T is one of the happy incidents
OF the Federal system that a single
courageous State may, if its citizens
chose, serve as a laboratory and try
novel social and economic expert
ments without risk to the rest Of the
country" he said.
This court has the power to pre-
vent experiment. /" But, in the
exercise of this high power, we must
ever be on our guard. II we
would guide by the light of reason,
we must let our minds be bold"
Interested by New Deal. <
The New Deal philosophy logically
appealed to Justice Brandeis. He
however, Joined with the rest of the
court in the unanimous vote that
outlawed the National Recovery Ad-
ministration.
Throughout his years on the
bench, Justice Brandeis repeatedly
emphasized his belief in the prin-
ciples laid down in the Bill OF
Rights. He opposed convictions OBJ
tanned under the World War Es-
pionage Act of 1917 unless it was
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