Evening star., 1943-06-27
Max L,err1er's
New Holmes
Anthology
I he Mind and Faith Of
Justice Holmes

By Mar Lerner. little,
Bro1un.J
Mr.. L,erner undoubtedly per-
formed 4 pleasant task in weaving
this anthology from the speeches.
letters. essays and opinions Of Oliver
Wenaen Holmes, to complete "a
rounded portrait of the mind and
faith OF one who was, perhaps, the
most complete personality In the
history of American thought"
"If 1t be asked" he says in the
foreword, why present such .
volume now, in the midst of the
most terrible war in history, and
while America is caught in the
greatest peril of its career. can only
answer that today. more than ever,
we need the first-class minds of our
past. Holmes Is not simply another
entity Of civilian consumption, to be
eliminated on the basis Of military
priorities. Democracy is what we are
fighting for--and Holmes was, in a
deep sense, q democrat. Freedom7is
what we are fighting for-and
Holmes formulated more precisely
than any one else that freedom My
In the competition of ideas. A Etoic
fortitude is what we shall require to
face an incalculable future--aasd
that fortitude Is in Holmes, with Ms
acceptance of life's limitations, HIS
lack of any personal illusion of cen
trality in an unfathomable cosmos,
and yet also with quiet determine
tion to continue, within his own area
in the cosmos, as craftsman and
creator"
Some Of MIR. Lerner's material-sis
familiar, for he has drawn discrirTn-
natingly from the recognized classics
contributed by Justice Holmes dur
ing his long service In the Supreme
Court. Much, however, has not been
readily available previously, and
this is true particularly as the work
reflects the jurist's years on the
Massachusetts, bench. {
To those who think always of
Holmes the liberal, there may be-
certain amount of disillusionmentat
the outcropping of conservatism
in some of those opinions chosen by
Mr.. Lerner, especially if this phase
of the Holmes judicial philosophers
studied in the light of standards set
by the Supreme Court in the past
few years. Justice Holmes thorough
dislike for the Sherman Antitrust
Act-which the present tribunal has
given new force-is well known. 1T
seems strange to find a Holmes dis
senting when the court outlaws a
"peonage" statute binding debtnrs
in Southern State, or ruling, as he
did in Massachusetts, case, that a
Legislature could prescribe public
speech in a park or the street, or
asserting. while upholding the right
to strike, that Organization and
strike may get larger share for the
members of an organization, but If
they do, they get it at the expense
of the less organized and less pow
erful portion of the laboring mass"
The grace that characterized JUS
tice Holmes writing had no finer
example than the little note he
penned to associates in response to
their tribute, as he, finally, bowed
to age and stepped from the bench.
1t is this with which Mr. Lerner fit-
tingly concludes his book
My dear brethren:
"You must let me call you so once
more. Your more than kind, your
generous letter touches me to the
bottom of my heart. The long and
intimate association with men who
so command my respect and admi-
ration could not but f1x my affection
as well. For such little time as may
be left for me shall treasure it as
adding gold to the sunset
j. A, FOX: