Evening star., 1941-10-07


punches, or David Lawrence.
sought the paths of eXpediency.
Versed in railroad economics, he
startled the financial world with
his charges of ineficiency and waste
in the old New York, New Haven &
Hartford Railroad. He startled the
political world when as a Progress
sive Republican he announced his
support of Woodrow Wilson, Demo-
cratic nominee for the presidency
in 1912. He startled labor when,
from the ranks of labor itself, whose
attorney he had been, he said some
plain-spoken words about the need
for responsibility in the management
Of labor unions.
When Mr. Wilson was elected
President the first time he wanted
Louis Brandeis for his cabinet as
either Attorney General or Secre-
tary of Commerce. From Boston
came a hue and cry. Mr.. Wilson
listened to the objections and lived
TO regret that decision. 1t was the
motivating influence in his subse-
quent selection of Brandeis to go
on the Supreme Court of the United
States.
He Was No COnfiSCatiOniSt.
The business and financial world,
too, lived to regret their opposition.
For, liberal though he was, Brandeis
was not confiscationiSt. The rail-
roads came to be glad that man of
his knowledge of railroad finance
and economics was on the high
court.
He became one of the foremost
liberal jurists of American history.
Along with Oliver Wendell Holmes,
his liberal dlssents are notable for
their human philosophy and emf
nent desire to befriend the under
privileged.
The respect which he had for
American institutions was bound
less. He never allowed his personal
friendships or political radicalism to
befog his judgment when institu-
tlonS were at stake. Though sup
porting the constitutionality of much
New Deal legislation. he joined with
his eight other colleagues in de-
nouncing the N. r. A. as an improper
delegation of power by Congress
Similarly he concurred with the
eight other justices in telling Presi-
dent Roosevelt that he had usurped
power when he removed Federal
trade commissioner because his mind
and that of the President didn't
go along together"
Louis Brandeis was respected by
those on the bench with whom he
often differed and he respected
them. Of Charles Evans Hughes.
the retired Chief Justice, Brandeis
once said to me: He is the most
efficient man I ever knew"
Opposed Court Packing.
When the Presidents court pack
ing plan was under consideration
In Congress. he joined in the prepa-
ration of the letter which Justice
Hughes sent to a congressional
committee opposing the scheme.
Unlike almost any other man in
public life, Brandeis was a recluse.
He Stunned social affairs of all
kinds. He and his wife lived in an
apartment among the most modest
furnishings. He gave generously of
his means to educational and char
liable endeavors. He liked to gather
young people around him on Sunday
afternoons-young liberals and pro-
tagonistS and with them he was
always a kindly philosopher. He
helped to keep their radical excesses
in bounds.
Some of his decisions on the Su-
preme Court were mistaken and
some day will be reversed. Thus
for example, his rigid Interpretation
of the twenty-first amendment to
the Constitution as having repealed
the Interstate Commerce clause of
the Constitution as it affects the
liquor traffic. leaves the legal situ-
alton on liquor control in confusion.
His lengthy decisions on the break
ing up of large efficient units of
business will not stand the test of
practicality.
But on the whole, the ideas and
principles that guided the life of