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Supreme Court — Part 19
Page 33
33 / 107
he was one of the rare
: ‘al whom the times pever
"eaugnt up or passed. First, .
arguments. as» lawyer, then his dip
iwenting opinions foreshadowed the
Patan ee ; he
‘in the 1952 Oklahoma Ice Case
“Mecision, for exemple, which invali-
sdated @ State Jaw regulating com-
petition in the ice business, Bran-
deis’ dissent was a forecast of the] }
|New Deal He wrote:
“To stay experimentation in
f social and economic iz a
gave responsibility. Denial of the
Tight to experiment May he fraught
with serious consequences to the
Nation, .,. There must be a power
in the States and the Nation ta re-
‘mold, through experimentation, our
‘@eQnomic practices and institutions
to meet changing social an@ eco-
nomic needs. It is one of the happy
incidents of the Federal system that
wm singl}, courageous State may, if
fils cititens choose, serve as a ‘lab-
oratoryf and try novel social and
economic experiments without risk
‘to the fst of the country,
“This court has the power to pre.
jvent experiment... But in the
‘exercise of that power we must be
ever on our: guard ,.. If we would
‘guide by the light of reason, we
must let cur minds pe bold.”
Backed New Deal Ten Times
in 16 major legislative tests dure
ing the New Deal, Brandeis sided
with the Administration 10 times,
He wrote the majority decision that
upheld the gold devaluation, voted
with the minority when the agri-
cultural adjustment act was de-
clared void, but he sided with the
Zonjority which outlawed the na-
tional recovery act.
By a strange paradox, Brandeis
had already become a legend while
still the most creatively vita) and
effective. legal philosopher in.
America. ; .
' At the dame time when he was
quittly but effectively aiding,. by
aay ce and by cash, the newest
came celebre in labor's rights—the
| OTB izati 8
1, te
x
lization of Southern farm {
nte—he had become a legend
ministratlvely connected with the
statute in question, again when a
law was debated which he had
Iped draft years before. How he
returned @ $2500 fee to a elient
when he turned to denoonce as
monopolistic agreements he had
once drafted. How he. declined to
accept a fee, in order to remain on-
ampered, in the railroad merger
cases, but paid out of his own pocket
$25,000 to his law srm for the time
he had taken from its practice.
Just as Brandeis’ interest in the
jabor movement stemmed from the
Homesterd strike, so his devotion to
the cause of Zionism came from the
garment workers dispute in New
York, when he first came in contact
with ghetto conditions. Since his re-
tirement from the Court his work in
Zionist affairs increased, pick up
where he left off in 1916 whdh he
resigned as head of the Zipnist
movement in this country. Hel was
ffered the presidency of the Yorld
movement in 1930 but decl
The first Jew to sit on the Su-
preme Court bench, Brandeis was!
not active in the church despite his |
leadership in Zionism. :
For years Zionist groups observed
his birthday with special services,
One year, at such services in Jeru-
selem, leaders (of Palestine colonists
called the justice, “perhaps the only
Jew who belongs to the histories of
two péopies, the Americana and the
Jews,”
‘Long before his death, Brandeis
did the impossible in reclaiming the
unstinted approval of thoss who
once had reviled him. Taft and Sen-
ator Borah (Republican), of Idaho,
who also opposed his appointment,
apelogized. Even hig bitterest op-
ponents in business have Jong since
foresworn thelr attacks, a
Commanded Affection
But Brandeis gained more than ree
spect and admiration. Young friends
whom he helped and taught and to
whose troubles he listened, affec-
tionately referred ta him as “God,"
holding that his judgment wes in
Jeagues on the court wrote him of
fallible. On his retirement, his |
wet
reason, we must
bla"
*-Another fy a marker In St. Louis
ion. ‘the spot where he began
aap Wu
-Since retirement, Brandei¢ had
t much of his time in his simple
ady at his California Street hom
ading and writing. He w.
and motored much,: —
“In his more active years he was
enthusiastic canoelst and at one
time indulged also in water spocts,
‘Never during his long residence
ashington did he participate
din ial activities of the Capital,
thouth for years he held
housi) weekly for his friends. a2
obMbly at the insistence of i
randeis, regarding his advaniing
age, Sunday aftegnoon teas, ypith
nyited guests +. Were WK
tuted for these pffairs, *
The gatherings, were attend
largely by young mien, many in
Government service, who found
dim a source of unfailing encour-
agement, Many of them bore names
Lic affsirg, phason is Pa |
llosophy, the law, Jet-*
ters or aome other branch af en-
deavor, .
His lack of Interest-in the con-
ventional social activities of the
apital ig exemplified in his failure
on a number of occasions to attend
even the President's annual recep-
tion in honor of the Supreme Court
Sustices,
Despite his Southern birth ang
rearing, Brandeis remained a New
Englander by residence and always
‘poke with a New England accent.
Although he was regarded as
wealthy, Brandeis always lived sim-
ply. He was a consistent son-
versity et Louisv
alma paters, nn
; One of his donations to this
rsity was seven packs of per
pers. He instructed that the
ain sealed until bis Gea, ad
a
He an ber
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