Evening star., 1947-10-05
Justice Rut|edge Puts
the Man Before
the Dollar
By Raymond P. Brondt


noniic and civil rights for tn
individual.
All of the courts nine members
with the exception of Justice Harolt
Burton, were appointed as "liber
ais" Liberalism" is d difficult wore
to define. There are at least two
general kinds, economic and civil
which generally overlap but some
times conflict. The economic lib.
eral" has been described, perhap!
too simply, by paraphrase of Lin.
coin, as "one who puts the mar
before the dollar" and the "civi
rights LIBERAL as lone who puts the
man before the Government"
Liberal on Both Counts
Analysis of Justice Rutledge's
opinions makes it clear that the
former Mlssourian is both an eco.
nomic and political liberal. His
opinions. especially his dissents, re-
veal an intense and persistent desire
to protect the rights, worth and dig.
nifty of a man, whether he be COM
mon sailor or a japanese general
from the encroachments of power
whether it is the economic power o1
an employer or the political anc
military power of government.
To this end he has written al
great length and occasionally ir
pungent phrases on the need fol
flexibility in the law, against the
vagueness of criminal statutes ano
on the constitutional requirement
for strict observance of the guaran-
tees of the process. OF all the JUS
tees, he is the most "pro-labor," but
he is usually for the laboring man
as such rather than as a member OF
a labor organization.
During the term recently ended he
wrote 9 majority opinions, II
concurring opinions and 13 dissents
Only Justice Felix Frankfurter
wrote more dissents, Is; only Justice
Burton wrote fewer majority opin-
ions, 6. Justice Frankfurter, how
ever, wrote II majority opinions;
Justice Burton wrote only dissents
Chief Justice Fred M. Vinson wrote
13 majority opinions and no dis
sents or concurring opinions. JUS
tice Hugo Black, a consistent dis
senter on the "old" court wrote 29
opinions, dissents and 2
concurrences.
Among the 'Dissenters'
This statistical analysis Of jurid-
ical differences and energies puts
Justice Rutledge in the same cate
CORY with Justice Frankfurte1
among great dissenters." in the
tradition of the late Justices Holmes
and Brandeis. In the view of some
students of the court, Justice
Frankfurter has gradually veered to
the conservative" approach to in
of the law since his
by President Roose-
velt in January, 1899.
Justice Rutledge was appointed
to the Supreme bench in 1s43 by
the late President to take the place
vacated by James F. Byrnes. He
was then 40 years old and had
served four years on the Court OF
Appeals for the District of Colum-
bia, regarded by many as ranking
second only to the highest court
in Importance.
His first opinion, to which there
was a single dissent, foreshadowed
what was to come. The decision
was in favor of two sailors and
against the Standard Oil Co. of
New Jersey. It extended the liability
Of shipowners to cover accidents
occurring between the ship and
the nearest public thoroughfare to
the dock. The two crew members
were not on ships business, but
were authorized to leave the ship.
Justice Rutledge held that the ship
owner was liable for their welfare
until they reached a public thor
oughfare. He put damages for a
man before a company's
profits.
A year later, in Medo Photo Sup
ply Corp. VS.. the National Labor
Board, he sided with the
employer against the Government
agency, although the employer by
passed a union committee to deal
with the employees, who
ater repudiated the union.
Turned Down Unions
In his dissent he said that the
.ecord disclosed not dominating
,r intermeddling employer, but one
who sought to do no more than
meet his employees wishes, freely
formed and freely stated.
II do not think he wrote, Con
yress intended by this legislation
the Wagner Act) to create rights
n unions overriding those of the
employees they represent"
Historic M