Evening star., 1940-01-28
Justice Pierce Butler
Paid Tribute Of Bar
Of Supreme Court
Described as Jurist Who
Didn't Believe the End
Justified the Means

Associate Justice Pierce Butler Of
the Supreme Court, vigorous foe Of
major New Deal legislation, was
described as jurist who did not
believe the end justified the means
in the application of the law, as
eminent members of the legal pro-
fession joined yesterday in tribute
arranged by the bar of the Supreme
Court in memory of the justice who
died November 1e.
Fearful of the rule of men in
place of the rule of law, he appealed
to the accumulated body Of the law
as a continuous social expression,
and not as what might appear at a
particular time to be enlightened
social self-interest," said resolu-
tion adopted by the meeting at the
court.
"He did not believe that the law is
merely what the judges may from
time to time say it is. He believed
that there is a law that is greater
than the judges and he was Jealous
to avoid its misapplication merely
because the end in view appeared at
the moment to be desirable"
Jackson, Biddle Attend.
In conformity with custom mem
bers of the court did not attend the
exercises, but the legal branch of
the Government was represented by
Attorney General Robert H. Jack
son, and Solicitor General Francis
Biddle, who made the Introductory
remarks.
HE was brought up in school
Of thought which had not learned
to doubt the implications of. its
perhaps over -simplified assumptions
-laissez faire, individualism, free
competition-these things meant
the American way" said the Solici-
tor General. "By this way he had
come to the top and the failure Of
others to arrive seemed to indicate
personal fault rather than economic
disadvantage. The frontiers we're
open. Success was at the end of
q straight road.
HE did not change as the from
tiers changed, and perhaps this
quality of stubborn resistance to
a different world was what Justice
Holmes had in mind when he spoke
of him as a 'monolith' He had
courage and unalterable convic-
tions. To those to whom his outlook
seemed inexpensive of our changed
economy, and narrow in dealing
with the human problems of con-
stitutional construction, Pierce But
ler appeared untra conservative. For
those who thought like him, he ex-
pressed the American way. We all
know he filled his high office with
zeal and a courteous dignity"
Taft Address Read.
The influence that Justice Buffers
humble origin had on his views on
the bench, also was commented
upon in an address by Senator
Taft of Ohio, which was read by
Senator Danaher Of Connecticut,
because Mr.. Taft was unable to be
present.
HE had succeeded through his
own efforts, over serious obstacles
and lack of opportunity said Mr,
Taft. HE was more concerned
that the Government should keep
open the channels of individual
liberty than he was that the Gov
ernment should extend paterna-
listic protection to those not 50
well able, or determined. to succeed
through their own efforts"
There were tributes also from
former Solicitor General Thomas D.
Thacher, George I. Haight OF Chi
caeo, and Wilfrid E. Rumble Of st.
Paul, formerly a law partner OF
Justice Butler.
William D. Mitchell. former At
torney General, who also had been
associated with Justice Butler IN
the practice of law, presided, and
Charles Elmore Cropley, clerk OF
the court, acted as secretary.
The Resolutions Committee was
headed by George Wharton Pepper,
former Senator from Pennsylvania,
and serving with him were Michael
J. Doherty of st. Paul and John
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