Evening star., 1939-02-19
Sketch by Sudduth


uon Tor itself At any rate it had apparently been learned
at the time of Mr. Brandeis nomination to the Supreme
Court We to judge by the isapproval
the nomination called forth An influential portion of
press and OF the bar including presidents
the American Bar Association led in the protest
Four months after the nomination had been sent the
Senate and while still being debated Wilson
was moved to denounce the against appoint
men as very extraordinary and distressing to those who
love fairness and value the dignity of the great
What Wilson Thought.
OF Brandes himself Wilson wrote II cannot speak too
highly of his impartial mpersona orderly and constructive
mind his analytical powers. his deep sympathy
his profound acquaintance with the historical
institutions and insight into their spirit of many
evidences he has of being mbued very heart
with American ideals opportunty
of his knowledge of modern of the
way they bear the of the people, genius
IN getting persons to unite in and harmonious action
and look with frank and kindly minds
who had before been heated antagonists This friend
justice and OF men will ornament the high court of which
We are all SO Justly proud"
Five months after the nomination it confirmed The
bitterness opponents of confirmation had shown
was equaed only by their subsequent repentance
Of the record of the justice the court.
In his almost quarter of century the bench Justice
Brandes has his patient and advocacy
Gated many times On such questions the validity of
minimum wage and other industrial legislation the require
ment of collective bargaining the scope of tax immunity
the power to make taxation instrument of social policy his
views nave now come or are coming to prevail.
Held Experiments Necessary.
In the decision of constitutional has resoutely
insisted that the of be denied
because its exercise appear to to be unwse In
his dissenting opinion in the Oklahoma Ice he warned
TO stay experimentation in things social and economic
responsibility. Denial of the right to experiment
may be fraught with serious the Nation
This philosophy he has shared with others the court His
supreme distinction the bench has been at the
bar that he has combined this phosophic outlook with
legal acumen and mastery of the facts of industrial life
No one has been exacting than he in limiting the
of decision to the before the court No Judge
set himself more squarey against the temptation to render
decaratoy opinions matters properly presented by
record before the court.
Nevertheless within the strict limits which he thus set
himself he has managed to be perhaps the greatest teacher
of the law in time His opinions do not merely decide
They do not merely persuade They educate and instruct
Because the which before the Supreme
Court during the years his service reflect the perennial
problems with which government must attempt to the
wisdom with which his opinions stocked is enduring and
vital.
Those have been fortunate enough know Justice
Brandeis intimately than through his opinions have
drawn from him not only wisdom but warmth of friend
ship To young in the Government service he has been
of unfaling encouragement His retirement will
make difference in the with which they will
continue to seek strength from him.
(Copyrignt, 1939)