Gambar halaman
PDF
ePub

between the garment workers and manufacturers of New York City, for example, he gave a truly remarkable proof of his judicial temperament and had what must have been the great satisfaction of rendering decisions which both sides were willing to accept as disinterested and evenhanded."

Farther on in this letter, President Wilson said:

"It was chiefly under his [Brandeis'] guidance and through his efforts that legislation was secured in Massachusetts which authorized savings banks to issue insurance policies for small sums at much reduced rates. And some gentlemen who tried very hard to obtain control by the Boston Elevated Railway Co. of the subways of the city for a period of 99 years can probably testify as to his ability as the people's advocate when public interests call for an effective champion. He rendered those services without compensation and earned, whether he got it or not, the gratitude of every citizen of the State and city he served."

Justice Brandeis was confirmed by almost a strict party vote. He obtained only one vote from New England. All but three of the Republicans present in the Senate voted against his confirmation. It is difficult to understand how many of these able and eminent Senators were induced to vote against Mr. Brandeis' confirmation. It is almost impossible to comprehend how a member of the United States Senate could be influenced by the methods which were pursued in that fight; and yet the fact remains that this great fight was very powerful and that in some way, difficult to understand and perhaps impossible to comprehend, men of otherwise broad stature, with broad ideas and great ability, were induced to cast their votes and use their powerful influences against this confirmation. It is difficult to comprehend how such men could be moved officially by such a narrow-minded partisan view of the question.

Notwithstanding this bitterness, Justice Brandeis remained silent and, to all outward appearances, unmoved.

It is a great tribute to his judicial temperament that he could remain silent, but Justice Brandeis did remain silent to all appearances he was unmoved and he kept on in his usual method of living, doing his duty as he saw it, without fear and with a courage that is remarkable in American history. His great abilities as a jurist began to shine. He began to write many dissenting opinions, and his reasoning, courageous and unflinching, was convincing. At no time in his public career is there any indication that he held in his heart revenge or hatred against those who had so mercilessly attacked him on his professional and private life. Gradually the reasoning of his dissenting opinions began to sink deeper and deeper into the minds of lawyers, philosophers, and students of government, and, when he left the bench 23 years later, he took with him the loving respect of nearly all men whose good opinion would be highly cherished by anyone. He retired from the bench with tumults of applause from practically all his countrymen, including many who had fought him so bitterly when he was first appointed.

At his death, when the Supreme Court met on October 6, 1941, the Chief Justice, after announcing the death of Justice Brandeis, said:

"Learned in the law, with wide experience in the practice of his profession, he brought to the service of the Court and of his country rare sagacity and wisdom, prophetic vision, and an influence which derived power from the integrity of his character and his ardent attachment to the highest interests of the Court as the implement of government under a written constitution. His death brings to a close a career of high distinction and a life of tireless devotion to the public good."

The retired Chief Justice issued a statement in which he said:

"He [Brandeis] brought his wide experience and his extraordinary acumen to the service of the public interest and, in a judicial career of the highest distinc

tion, left his permanent impression upon our national jurisprudence."

The President of the United States, Franklin D. Roosevelt, in writing to Mrs. Brandeis, used this language:

"The whole nation will bow in reverence to the memory of one whose life in the law, both as advocate and Judge, was guided by the finest attributes of mind and heart and soul.

"In his passing American jurisprudence has lost one whose years, whose wisdom and whose broad spirit of humanism made him a tower of strength."

From all over the country, the death of Justice Brandeis brought comments from men in high official positions. One United States Senator said:

"Louis D. Brandeis spoke for the inarticulate masses in the United States. His advocacy of liberal economic policy won the esteem, gratitude, and the affection of the masses. He has written in immortal words a record of achievement."

How in the light of history these words ring out, as it were, in answer to the bitter criticism made twenty-three years before. These words, now acquiesced in by unanimous opinion, pay a just and deserved tribute to the memory of Justice Brandeis, because everyone knows they are absolutely true.

Similar comments came from the press all over the country. Everyone, rich and poor, conservative and liberal, men of all religions, seemed to realize that humanity had lost a friend. The poor knew that the great advocate of human liberty who had defended them for many years, and had administered justice to them for nearly twentythree years, had passed into eternal slumber.

The life of Justice Brandeis has been a guiding star and an inspiration to untold numbers of his countrymen, who are happier and who are better citizens, better fathers and husbands, because Justice Brandeis lived. His words of cheer for the downtrodden, and his words of hope for

the afflicted, will continue to bring new courage to all struggling mortals. Millions of honest and upright men and women all over our land will live better lives-will be better citizens and do a greater part in the struggle to upbuild humanity and make their lives better and purer because of the inspiration which has come to them from the life and work of Justice Brandeis. His life shines as a beacon light in the world of hope. His name is the embodiment of a philosophy which uplifts and guides struggling mortals along the pathway of life towards an ideal where justice, tempered with mercy, reigns supreme.

A motion that a copy of the Resolutions be transmitted to the family of Mr. Justice Brandeis was adopted. The meeting was adjourned.

SUPREME COURT OF THE UNITED STATES.

MONDAY, DECEMBER 21, 1942.

Present: THE CHIEF JUSTICE, MR. JUSTICE ROBERTS, MR. JUSTICE BLACK, MR. JUSTICE REED, MR. JUSTICE FRANKFURTER, MR. JUSTICE DOUGLAS, MR. JUSTICE MURPHY, and MR. JUSTICE JACKSON.

The HONORABLE CALVERT MAGRUDER, United States Circuit Judge, addressed the Court as follows:

May it please the Court:

The members of the Bar of the Supreme Court met earlier this morning to do honor to the memory of Mr. Justice Brandeis. Fitting addresses were made by Judge Learned Hand, Mr. Paul Freund and Senator Norris, after which the meeting voted certain resolutions which I am directed to present to the Court.

"RESOLUTIONS.

"Mr. Justice Brandeis, having retired on February 13, 1939, from regular active service on the bench, died in Washington, D. C., on October 5, 1941, shortly before his eighty-fifth birthday. Thus, in the fullness of time, ended an august career. The members of the Bar have met in the Supreme Court Building on December 21, 1942, to commemorate him as one of the great figures of our profession and of the country's history, to survey his accomplishment, and, in the contemplation of a dedicated life, to fortify our courage and faith in the task of achieving the gracious civilization for which he so mightily strove.

"Louis Dembitz Brandeis was born in Louisville, Ky., on November 13, 1856. His parents, Adolph and Fredericka Dembitz Brandeis, cultivated Bohemian Jews, and his scholarly uncle, Lewis Dembitz, had come to this

« SebelumnyaLanjutkan »