JUSTICE OLIVER WENDELL HOLMES

The retirement of Justice Oliver Wendell Holmes has called forth from his colleagues praise so emphatic that comment upon it is superfluous. The final estimate of his legal achievements may safely be left to history, by those who prefer rather to recall the personal qualities which gave him his unique place in public esteem. More perhaps than any other man he has helped to maintain the historic dignity of the American bench.

The abilities by which he did this were not merely those for which Lord Haldane named him the "father of modern jurisprudence." In him, legal acumen and breadth of vision were tempered by a noble humanity. The narrow formalism of law, so often hostile to this quality, seems never to have dulled either his vision or his generosity. It is no more accident that his opinions have always been considered as masterpieces of English legal style. It is rather the natural consequence of his capacity to embrace the largest aspects of any subject which engaged his mind.

Associated by birth and education with the best American traditions, Justice Holmes had a dignity which could forget itself, but which others could not forget. During a period of stress which has not always been kind to hallowed institutions, that dignity has been an invaluable buttress to the Supreme Court. Naturally, to such a character, the necessity for "bowing to the inevitable" can be recognized only with the deepest reluctance, a reluctance bound to be shared by his fellow citizens. But consolation is found in the conviction that Justice Holmes, whatever physical infirmities age may bring, still remains in heart and spirit, as Chief Justice Hughes has said, "invincibly young."