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ORDER

It is ordered by the Court that the accompanying correspondence between members of the Court and Mr. Justice Byrnes be this day spread upon the Minutes and that it also be printed in the reports of the Court.

DEAR JUSTICE BYRNES:

OCTOBER 4, 1942.

We learn of your resignation with a deep sense of the loss which it brings to the Court and to all of us personally.

In the all too brief period of our association since your appointment to the Court we have come to value highly your contribution to its deliberations, drawn from the wide knowledge of affairs which you have gained in the course of a long and eminent public service. We cherish the happy personal relationship which that association has established. All of us part with you reluctantly and with regret. We are reconciled to your going only by the realization that you are moved by a sense of duty to render a needed service of public importance in a time of great national emergency.

We wish you all success in this new and arduous undertaking, and that you may find in it that durable satisfaction which is the true reward for a great task greatly performed.

Faithfully yours,

HARLAN F. STONE.

OWEN J. ROBERTS.

HUGO L. BLACK.

STANLEY REED.

FELIX FRANKFURTER.
WILLIAM O. DOUGLAS.

FRANK MURPHY.

ROBERT H. JACKSON.

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I shall always treasure your generous words of esteem and affection.

You are correct. Only a sense of duty impelled me to resign from the Court. My association with you has been enjoyable and inspiring and I leave with great respect and genuine affection for each of you. The cordial expressions of your letter make me happy; they encourage me to hope that I may still continue to enjoy your companionship.

Sincerely yours,

THE CHIEF JUSTICE,
MR. JUSTICE ROBERTS,
MR. JUSTICE BLACK,

MR. JUSTICE REED,

MR. JUSTICE FRANKFURTER,

MR. JUSTICE DOUGLAS,

MR. JUSTICE MURPHY,

MR. JUSTICE JACKSON.

JAMES F. BYRNES.

PROCEEDINGS IN MEMORY OF MR. JUSTICE

BRANDEIS.

Members of the Bar of the Supreme Court of the United States met in the Supreme Court Building on Monday, December 21, 1942, at 10 o'clock a. m.1

The meeting was called to order by Mr. Solicitor General Fahy.

MR. FAHY said:

This meeting of the Bar of the Supreme Court is now convened, with the guests of the Bar, to think for a while together of the life and work of Louis D. Brandeis, and to take action appropriate for communication by the Bar to his Court.

Louis D. Brandeis became an Associate Justice of the Supreme Court June 5, 1916. He retired from active participation in the work of the Court February 13, 1939. Upon his death little more than a year ago, loved and honored by countless people, sorrow was softened by a warm and universal sense of gratitude that he had lived, greatly, simply, courageously.

His courage possessed the quality that led him to do right because it was right, and bore unusual fruit due to the tremendous labors he assumed, and the ability he exercised, to persuade the reason and convince the hearts. of his fellowmen. His character, combined with an untiring, studious and intelligent devotion to the problems of his time, caused him to be one of the greatest jurists of all time.

1 The members of the Committee on Arrangements for this meeting were: Mr. Solicitor General Fahy, Chairman; Messrs. Dean G. Acheson, James M. Landis, Edward F. McClennen, and George Rublee.

IX

Many of his friends, not here today, have been called this last year to other tasks and places that need them during the war. They, like ourselves, because of him are better able to understand and win through for Democracy, an ideal that held his faith and that he did so much to make a practical reality.

In honoring him this morning, the inspiration that always came from him during life will come anew to us.

On motion of MR. SOLICITOR GENERAL FAHY, JUDGE CALVERT MAGRUDER was elected Chairman and MR. CHARLES ELMORE CROPLEY, Secretary.

On taking the Chair, JUDGE MAGRUDER said:

Amid the din and distractions of war, we do not forget to honor our great men of peace. Thus, we are met today to pay merited tribute to Louis D. Brandeis and to his work as citizen, lawyer and judge. Your Committee on Resolutions has prepared a report, which will now be presented by Mr. Lloyd Garrison.

2

MR. LLOYD GARRISON, acting on behalf of this Committee, presented resolutions which, after the following addresses by Judge Learned Hand, Mr. Paul A. Freund and Senator George W. Norris, were adopted and later presented to the Court, post, pp. xxIx—XXXVI.

2 The members of this Committee were: Honorable Calvert Magruder, Chairman; Messrs. H. Thomas Austern, Charles C. Burlingham, W. Graham Claytor, Jr., Benjamin V. Cohen, Warren S. Ege, Herbert B. Ehrmann, Morris Ernst, Alvin E. Evans, George E. Farrand, Adrian S. Fisher, Bernard Flexner, Henry J. Friendly, Lloyd Garrison, Henry M. Hart, Arthur D. Hill, Mark Howe, Charles E. Hughes, Jr., Willard Hurst, Louis L. Jaffe, David Lilienthal, Jack Neale Lott, Jr., Archibald MacLeish, Joseph Warren Madden, Samuel H. Maslon, William E. McCurdy, Robert N. Miller, George Maurice Morris, Nathaniel L. Nathanson, John Lord O'Brian, Robert G. Page, David Riesman, Jr., William G. Rice, Jr., Harry S. Shulman, Henry L. Stimson, Hatton W. Sumners, William A. Sutherland, Frederick Van Nuys, Robert F. Wagner, and Charles Warren.

The CHAIRMAN responded:

Mr. Justice Brandeis was a man of many sides. We are now to hear addresses from various viewpoints: from a distinguished federal judge; from a former law clerk of the Justice, a law professor now serving in the Office of the Solicitor General; and from an honored elder statesman, who has labored in the halls of Congress to make a political reality of the principles for which Louis D. Brandeis stood.

Address of the

Honorable Learned Hand, Circuit Judge

A man's life, like a piece of tapestry, is made up of many strands which interwoven make a pattern; to separate a single one and look at it alone, not only destroys the whole, but gives the strand itself a false value. So it must be with what I say today; this is no occasion to appraise the life and work of the man whose memory we have met to honor. It would be impossible at this time to do justice to the content of so manifold a nature and so full a life; its memorial stands written at large, chiefly in the records of his court; perhaps best preserved in the minds of living men and women. Before passing to my theme, I can therefore do no more than allude to much that I can ill afford to leave out: for instance, to his almost mystic reverence for that court, whose tradition seemed to him. not only to consecrate its own members, but to impress its sacred mission upon all who shared in any measure in its work, even menially. To his mind nothing must weaken its influence or tarnish its lustre; no matter how hot had been the dispute, how wide the final difference, how plain the speech, nothing ever appeared to ruffle or disturb his serenity, or to suggest that he harbored anything but regard and respect for the views of his colleagues, however far removed from his own. Nor can I more than mention the clear, ungarnished style which so well betrayed the will that lay behind; the undiverted purpose to clarify and convince. How it eschewed all that might distract attention from the thought to its expression. The telling

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