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country a few years before, in quest of liberty. The son from his early youth was thus imbued with an active devotion to free institutions and to the processes of democracy as a means of enhancing the dignity and releasing the potentialities of the common man. After studying in the public schools of Louisville, he went abroad, and for two years attended the Annen Realschule in Dresden. During this period, there was some suggestion that he prepare for a medical or academic career in Europe, but he held to his resolve to return to America and to study law.

"Without a college degree he entered the Harvard Law School in 1875, at the age of eighteen. His father's fortune having been lost in the panic of 1873, Brandeis earned his way by tutoring fellow students. He made a preëminent scholastic record at the law school. Though not yet of the required age of twenty-one, he was given his LL. B. degree in 1877 by special vote of the Harvard Corporation. His intellectual distinction and prepossessing manner opened to him all gates in Boston and Cambridge. At this time he met Oliver Wendell Holmes. The acquaintanceship was destined to grow into an intimate and tender friendship, through a long period of distinguished service of the two as colleagues on the Supreme Court of the United States.

"After a further year of graduate study in Cambridge, Brandeis was admitted to the bar and practiced for some months in St. Louis, Mo. In 1879 he returned to Boston and entered into partnership with his classmate Samuel D. Warren under the firm name of Warren & Brandeis. Warren retired from practice in 1893, other partners were taken in, and in 1897 the name was changed to Brandeis, Dunbar & Nutter. Brandeis remained in this firm until 1916, when he was appointed to the bench.

"In his early years of practice in Boston, perhaps his major outside interest was in the growth and development of the Harvard Law School. He helped James Bradley Thayer collect materials for his notable course on consti

tutional law, and procured funds which enabled the School to appoint Holmes to the faculty. In 1882-83 Brandeis taught the course on evidence, but he declined an assistant professorship. In 1886 he was the prime mover in the formation of the Harvard Law School Association, and for many years thereafter he served as its secretary. He rendered valuable assistance, financial and other, in the founding of the Harvard Law Review in 1886-87, the first of the academic periodicals which have become so lively and significant a part of legal education, not only for law students, but also for the bench and bar. His pioneering article on 'The Right to Privacy' (as coauthor with his partner Warren) appeared in an early issue of the Review. In recognition of his services, Harvard University awarded him the honorary degree of Master of Arts in 1891.

"Though not in chronological order, it is appropriate at this point to mention another educational interest with which he was much preoccupied in later years. In 1924 he formulated, and in succeeding years gave wise guidance to, a broad-visioned program for the upbuilding of the law school and the general library of the University of Louisville, in the city of his birth. His thesis was that to become great 'a university must express the people whom it serves, and must express the people and the community at their best.' His generous gifts of money constituted the least important part of his contribution. He gave painstaking thought to the educational problems involved, laid the broad foundations, and sketched the lines of sound development. In the pamphlet 'Mr. Justice Brandeis and the University of Louisville,' Bernard Flexner tells the story of this great enterprise, which the Justice initiated and followed through with characteristic idealism, imagination, and scrupulous attention to detail. This project was all of a piece with one of his firmest convictions: that the strength of America lies in diversity, not uniformity; that local cultures and traditions should be preserved and fostered, a sense of local responsibility quickened, local leadership evoked and encouraged.

"By 1890, Brandeis had built up a varied and lucrative practice and had established himself as one of the leaders of the Boston bar. He steadfastly maintained the independent standing of the profession and never hesitated to impress upon his clients the obligations that go with power. It was characteristic of him that, whatever problem he dealt with, his concern went beyond the winning of a victory for his client. With intense concentration he mastered the facts, however intricate; then shrewdly appraised their social significance; and finally, with technical skill, inventiveness, and imagination, and with objective consideration of diverse conflicting interests, he devised the means of long-range adjustment or solution.

"In conscientious performance of his duty as a citizen, he found time more and more to devote his talents, without retainer, to various public causes. Thus he played a major part in the fight to preserve the Boston municipal subway system, in devising and establishing the Boston sliding-scale gas system, and in opposing the New Haven Railroad's monopoly of transportation in New England. His investigation of the abuses and tragic inadequacies of so-called industrial insurance led him to draft and procure the adoption by the Massachusetts Legislature of the savings bank life insurance plan, which, under his watchful guidance, became established on a firm foundation. In these provocative activities, he did not escape the shafts of criticism and personal abuse; notwithstanding this, he calmly held his ground, confident of ultimate vindication. He was sometimes called a crusader, and so he was. But he had qualities too often lacking in the crusader-a sure grasp of concrete fact, a constructive mind and, also, patience. He never tired of urging the steady improvement of society by 'small reforms'-steps forward which were of intrinsic importance, but which did not alter the basic pattern of our institutions, nor overtax the capacities and imagination of men.

"The country is vastly indebted to him for his creative work in the field of labor relations, in dispelling misunder

standings between management and labor, and in making collective bargaining an effective instrument for industrial peace. He successfully arbitrated or conciliated many labor disputes. In 1910 he was arbiter of a serious strike in the New York City garment trade. Not content with settling the immediate dispute, he devised the famous 'protocol' for the permanent government of labor relations in the industry, with provision for the preferential union shop, for a Joint Board of Sanitary Control, and for a continuing Board of Arbitration composed of representatives of the public as well as of the employers and the union. The procedures thus developed and successfully tested served as a model in other industries. For several years he served as impartial chairman of this board of arbitration.

"Recognizing his grasp of intricate economic problems, the Interstate Commerce Commission engaged him in 1913 as special counsel to develop the facts relevant to the application of the Eastern railroads for permission to put into effect a horizontal 5-percent increase of freight

rates.

"In a series of papers and public addresses, he challenged the abuses of financial manipulation, and pointed out the dangers and diminishing efficiency of undue concentration of financial power. These, collected in the book 'Other People's Money,' exemplify extraordinary powers of analysis and lucid exposition, and state forcefully some of the dominant ideas of his life-ideas which, as intellectual working tools of great power, have had profound influence on thinking and on events. They are among the major contributions to American thought of the last half century, and have grown into our culture as the statement and fulfillment of some of its richest and most characteristic themes.

"One of the most significant activities of his career at the bar was his advocacy of the constitutionality of state minimum wage and maximum hour legislation. With in

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telligent utilization of the doctrine of judicial notice, is unconventional type of legal brief went beyond the citation of legal precedent and set forth the social and economic background out of which the need for the legislation arose, together with all relevant scientific material, expert opinion, and experience in other states and lands in dealing with comparable problems. Thus the 'Brandeis brief,' as it came to be called, lifted the issue of due process of law under the Fifth and Fourteenth Amendments out of the realm of the abstract and placed it in its proper setting of contemporary fact.

"In 1914-16 Brandeis was chairman of the Provisional Committee for General Zionist Affairs, and thereafter remained in the forefront of the movement to develop the Jewish National Home in Palestine. In this great creative activity, he saw the fulfillment of a prophetic vision, the building of a haven of refuge against storms of intolerance and oppression, and the opportunity to realize his most cherished ideals of democracy and social justice. In the document known as the Zeeland Memorandum, drafted by him in 1920 as a statement of proposed Zionist policy, there is exhibited in striking fashion his insight, his humanity, his practical idealism, his grasp of detail, his insistence upon sound financial management and efficient organization.

"By appointment of President Wilson, Brandeis took his seat as Associate Justice of the Supreme Court on June 5, 1916. Its fortunate outcome is all that will be remembered of the long and bitter fight over his confirmation by the Senate. Though he was one of the few men who came to the Court without having previously held judicial or other public office, his career at the bar and experience in large affairs constituted a magnificent preparation for the tasks of judicial statecraft. In 528 opinions during twenty-three years of service, he found occasion to deal with all the issues, large and small, which come before the Court-problems of federalism, jurisdiction and venue,

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