Danny Raskin's

LISTENING

P

S

T

Frankfurter

Cardozo

"The Supreme Court from
Taft to Warren' by the well-
known authority on the high
court and its justices, Al-
pheus Thomas Mason (published
by Louisiana State . University
Press, Baton Rouge, La.), is a
must for lawyers. It contains
such a wealth of material about
the highest court in the land
that it will be found very val-
uable as a guide to an under-
standing of the court's frequent
divisions on important matters
and the personal attitudes of
justices which affect their rul-
ings.
This book must not be consid-
ered as limited in signficance to
practicing attorneys. It will not
only enlighten the lay reader
but it will serve also as a guide
for the average citizen towards
an appreciation of the workings
of our judiciary.
As the title implies, the
judges who served from the
Chief Justiceship of William
Howard Taft to the present
Chief Justice, Earl Warren,
play their roles in this study.
The late Mr. Justice Frank
Murphy is mentioned frequent-
ly. The Harlans are referred to
and their liberal views are de-
scribed by Mason.
Of . special interest to our
readers are the references to
Justices - Brandeis, Cardozo and
Frankfurter.
Twice Mr. Mason speaks of
"this little book" and "this small
book." But in the limited num-
ber of 250 pages he has packed
a lot of information.
He makes reference to the
battle against Mr. Justice Louis
D. Brandeis' nomination for the
Supreme Court bench by Presi-
dent Roosevelt and to the an-
tagonism against him by ex-
President William Howard Taft
who later became Chief Justice
of the Supreme Court. He quotes
Justice McReynolds: "In my
view, we have one member (pre-
sumably Brandeis) who is con-
sciously boring from within . . ."
Chief Justice Taft, too, who
was aligned- with McReynolds
and Sutherland, made the
comment, in reference to a
labor case, that "Brandeis has
written one of his meanest
opinions . . ."
Later on, referring again to
Justice Brandeis, Mason writes:
"Overwhelming factual demon-
strations alone do not account
for the intensity of Brandeis'
reformist zeal. 'Mr. Brandeis,
how can you be so sure of your

Ninth JNF Tree Nursery

A new tree nursery has been
added to the eight existing
afforestation centers of the
Jewish National Fund which
are distributed over all parts
of the country.
The new tree nursery, situ-
ated near Ofer, a settlement of
Indian Jews on the western
slopes of Mt. Carmel, will sup-
ply all saplings needed for
afforestation in the surrounding
area.

course of action?' a friend once
asked him. 'When you are 51%
sure, then go ahead,' the Justice
replied."
The horrid premonitions Taft
had before he died, "the senile
rage" he went into on an oc-
casion against Hoover, Stone,
Brandeis and Holmes, are re-
vealed by Mason.
Justice Cardozo's views are
among the interesting quota-
tions in the book.
The Brandeis position is eval-
uated in the following:
"Stone's divergence from
Brandeis is most vividly por-
trayed in dissent. When the
Court struck down_ legislation
Brandeis favored in terms of
policy, the erstwhile People's
Attorney did not hesitate to
utilize the Court as a forum
to persuade others of its wis-
dom. 'I told him (Brandeis)
long ago,' Holmes commented
in 1930, 'that he really was
an advocate rather than a
judge. He is affected by his
interest in a cause, and if he
feels it he is not detached . "
Then there are the interesting
comments on Justice Frankfurt-
er. He is labeled "the most ar-
ticulate exponent of judicial
self-restraint on the bench." He
believed that the judicial robe
worked miracles and affected
the judges. He advocated the
publishing of biographical
sketches of the justices for an
understanding of the Court.
Mr. Mason's "The Supreme
Court from Taft to Warren" is
a most commendable work.

MORTY STORM, comedian
appearing at the Club Alamo,
where he has created a sensa-
tion with the trigger-sharp mind
that has made him one of the
country's outstanding new faces,
received a tremendous surprise
on his first visit to Detroit .. .
Sitting in the audience on
Morty's opening night was an
old army buddy he hasn't seen
since the day, 15 years ago,
when Morty carried him off a
bloody battlefield during World
War II . . . It was during the
bitter fighting on Iwo Jima .. .
Morty and his buddy had been
separated from their unit and
were trapped behind the enemy
lines when a shell exploded
nearby and riddled the right
leg of his friend with shrapnel
. . . When they finally got back
safely to their outfit_, after no
sleep for 18 hours, Morty was
called in to report to his super-
ior officer who asked where
they had been all night . • . Al-
though tired, dirty and never
expecting to be back alive,
Morty still retained his keen
sense of humor as he looked at
his watch, saw it was four in
the morning and replied, "Do
me a personal favor, colonel.
Don't tell my mother I was out
so late!"
*
*

SINCE ENTERING show busi-
ness seven years ago, Morty, in
his rapid climb up the ladder
of success, has become a much
talked about entertainer be-
cause of his unusual approach
as a quick-witted comic in gain-
ing many laughs from audiences
wherever he performs . . . His
sharp repartee is refreshing as
he handles the "mike" with at-
home ease that makes folks
comfortable while watching and
listening to him . . . But if
Morty's mother and father had
had anything to do with it, he'd
be in another profession today

Fr. Novel, 'Death In That Garden,'
Reveals Repen,tence of Former Nazi

Jose Andre Lacour has writ-
ten a powerful novel under the
title "Death In That Garden."
It has been ably translated from
the French ("La mart en ce
jardin") by Humphrey Hare and
was published by Rinehart &
Co. (232 Madison, N. Y. 16).
It is a post-World War II
story about fugitives and specu-
lators who are on the run.
Among them is an ex-Nazi and
the other chief member of the
cast of characters is the Jew
Sam Goldberg.
The story gains in merit in
the discussions that ensue be-
tween Goldberg and the repent-
ant Nazi Willy Chark.
Even after the war, the Nazi
appeal haunts Chark that it's all
the Jews' fault, that "it was not
enough that they should be re-
sponsible for the war, they are
also responsible for the crimes
of the peace."
Then Goldberg stepped into
the picture, Goldberg who
"wanted to make this German
recognize him as a son of Man;
him, too." The author explains
"Goldberg's ambition practical-
ly" to acquire "the right to the
world's indifference." Goldberg
not only wanted to secure
Chark's acknowledgment of his

. . . Back on the lower East
Side of New York, his parents
were absolutely dead-set against
his entering show business . . .
they wanted him to be a doctor,
instead . . . However. says
Morty, he would have abided
by their wishes except for one
thing that stood in the way .. .
he never finished high school!
*
*
PREPARATIONS ARE being
made for Children Unlimited's
annual "Tag Day" to aid blind
children at the Penrickton Nur-
sery . . . It'll be held Sept. 17,
and workers are urgently need-
ed to help out . . . Last year's
proceeds hit $18,000 . . . Five
years ago the small groUp of
women who started Children
Unlimited had a dream of build-
ing a home for blind kiddies ...
Today, there are more than 500
members of CU who have help-
ed turn that dream into the
reality of Penrickton Nursery
. . . a beautiful brick building
with a sleeping wing, where
non-sectarian blind youngsters,
from infancy to school age, are
trained in the basic fundament-
als of life by a well-trained

staff of teachers . . . Folks
wanting to help out on the Chil-
dren Unlimited "Tag Day" can
contact co-chairmen Marian
Stein, 1lI 3-0562, or Ceil Bindes,
LI 3-1521 . . . Eleanor Levinson
is president of the group.
*
ON THE WAY BACK from
Washington, D.C., recently, well-
traveled pharmacist Ben Baskin
was aboard a Northwest airliner
when the monotony of the long
flight was broken by a bevy of
laughter from some of the other
passengers . . . Seems that two
kiddies walked up to the stew-
ardess and asked if they could
go out and play for awhile . . .
The plane at that time was
cruising along at an altitude of
6,000 feet!

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London East

23 -- THE DETROIT JEWISH NEWS — Friday, July Z4, 1959

Brandeis' Difficulties, Taft's
Attitude Described in Mason's
Book on Supreme Court Judges