Evening star., 1941-10-06

Consistent with his faith in the
Bill of Rights, Justice Brandeis op-
posed convictions obtained under the
World War Espionage Act of 1917,
unless 1t was shown that the utter
ances clearly interfered with the
conduct of the war. Similarly, if
1927, when the court upheld a Cali
fornia syndicalism law which made
it felony for person to join an
organization advocating the over
throw of the Government, Justice
Brandeis dissented so vigorously
that Anita Whitney, who had been
convicted under the statute, was
pardoned by the Governor.
Upheld New Deal Policies.
Justices Brandeis and Holmes
joined in 1927 in dissenting when
the court denied citizenship to
Rosika Schwimmer, pacifist. because
she refused to swear that she would
bear arms in time of war. They
were united again that year in dis
Senting from a majority decision
that the stonecutters' union had
violated the Sherman Antitrust
Act in asking other unions not to
handle unfair stone.
In repeated instances. Justice
Brandeis voted to sustain the 18th
Amendment and the Volstead Act
for prohibition enforcement, taking
the ground that it was for legisla-
lures and the people, not the courts,
to decide the wisdom of legislation
and that the Government might
legitimately rule mems morals
within certain limited fields.
Justice Brandeis, always a vigor-
GUS defender of social experimental
ton, dissented- from the majority
when the court. in 1882. invalidated
an Oklahoma law regulating COM
petition in the ice business, stating:
nc is one Of the happy Incidents
of the Federal system that a single
courageous State may, if its citizens
choose, serve as a laboratory and try
novel social and economic expert
mentations without risk to the rest
of the country"
L
has the power to prevent expert
ments. But in the exercise
of this high power we must be ever
on our guard. If we would
guide by the light of reason, we
must let our minds be bold"
Retired at Age Of 80.
This opinion was frequently re-
called in New Deal years, and he
voted to uphold the Roosevelt ad-
ministration in seven of the first
l3 cases in that category.
Justice Brandeis retired from the
bench at the age of 80. His de-
parture came suddenly and dramat-
ically.
He had participated in the courts
activity that day, but upon adjourn
ment~ sent a letter to President
Roosevelt announcing his retire
ment. effective at once
The President, recuperating at
the time in the Write House from
grippe, promptly penned letter of
regret, in which he said:
The country has needed you
through all these years, and I hope
you will realize, as your old friends
do, how unanimous the Nation has
been in its gratitude of you"
In sharp contrast to the barrage
of criticism that was fired at him
when he was nominated. congress
sional tributes at his retirement
were general.
Worked for Zionism.
Since his retirement, he has occu-
pied his time talking with friends,
writing letters, reading. and ad-
vancmg the cause of the Zionist
movement.
Deeply concerned over the plight
OF the members of the Jewish race
in Nazi Germany, he conferred
with the President in the winter
of 1888 on the best means of bring
ing relief to panic-stricken refugees.
Justice Brandeis was the author
of Other Peoples Money 1914;
Business, Profession" 1914; The
Curse of Bigness," and a number
of articles on public franchise, life
insurance, management, labor prob
lens, Zionism and Jewish problems
and contributed to legal reviews.
He was an honorary member of
the Phi Beta Kappa at Harvard.
Lived "Austerely."
Since 1924 he had been contrib
uting to the library of the Uni
versity of Louisville, and in 1886
he gave seven packets of letters,
with the understanding that they
were not to be opened until his
death. The university holds a coll
lection of the correspondence be-
tween the jurist and President
Wilson.
A thin, wiry man, with unruly
iron gray hair, high cheek bones
and rugged features, Justice Bran
deis used to admonish his friends
to live "austerely," and practiced
what he preached. In his younger
DAYS, he used to ride horseback
daily through Rock Greek Park and
along the banks of the Potomac
with his two daughters. When he
could no longer ride, he took 4
walk and further guarded his
health by retiring at pm. He
was usually at work by 5 am.
He and Mrs. Brandeis, whom he
married in 1891. took little interest
in society in the Capital, but en-
joyed entertaining young liberals at
their home and discussing current
affairs.