2 October 3, 1975

THE DETROIT JEWISH NEWS

Purely Commentary

The Frankfurter Saga: High Court Justice's Role in
American and Jewish Affairs and His Devotion
to Zionism . . . Public Relations Enigmas

By Philip
Slomovitz

Felix Frankfurter's Role as Jurist and Zionist

Felix Frankfurter repre-
sents an important era, a vi-
tal chapter in 20th Century
American history.
His name is similarly vi-
tal in Zionist history and
therefore in the era of Is-
rael's upbuilding.
He was closely aligned
with Louis D. Brandeis and
with the pioneers in Ameri-
can Zionism in advancing
the Jewish national cause.
His courageous tasks in
defense of Sacco and Van-
zetti were among his early
legal efforts which brought
him into the limelight.

His own records tell his
story and in many respects
they either refute earlier
views or establish factual
records for his life's story.
Therefore, his diary is so
vital as an approach to an
autobiography.

"From the Diaries of Felix
Frankfurter" (Norton), col-
lected and edited by Joseph
P. Lash, includes the data so
valuable for an understand-
ing of the attitudes as well
as experiences of the late
Supreme Court Justice.
Expectedly, the excerpts
from the diary are marked
by frankness. Therefore,
there emerge the conflicts in
the court, the manner in
which he judged his col-
leagues on the bench, the
disrepute in which he held
some and the apparent con-
troversies with Justice Wil-
liam Douglas and others.
In evidence in the Frank-
furter memoirs is the feud
he had with Justice Hugo
Black which ended amicably
in the course of their years
of service in the high court.

These reflect the
changes that had taken
place in the 23 years of
Frankfurter's judgeship,
the beginnings of liberal-
ism, the transformations
into what had been
charged as his turn to con-
servatism.

The Jewish attitudes are
interesting. He was always
the supporter of the Zionist
idea, and when he was con-
fronted by anti-Semitism in
Boston, before he ascended
to the high bench, and on
later occasions, there were
the rebukes to the bigots, as
the one by Justice Oliver
Wendell Holmes, who could
not tolerate prejudice.
The Lash-edited volume
assumes special significance
in the biographical intro-
ductory chapter by the edi-
tor of the volume. Lash, who
had already gained fame as
author of best-selling books
about Mrs. Franklin D.
Roosevelt, makes a notable
contribution to biographical
literature with his essay on
Frankfurter.
If the Lash sketch of
Frankfurter is to be viewed
as the available biography
of the jurist, then it is an ex-
cellent beginning in provid-
ing additional data and de-
scriptive material about one
of the most eminent men of
his generation.
Lash provides splendid
factual material about'
Frankfurter's Zionist inter-
ests and activities.

In relation to the fre-
quent evidences of anti-
Semitism and the manner
in which Frankfurter con-
fronted anti-Semitism,
Lash notes: "His attitude
was to be neither truculent
nor subservient, but he
knew that as a Jew he had
to perform better than oth-
ers; he had to achieve by
merit and awareness what
the Roosevelts and Stim-
sons and Grenville Clarks
(who the elite Frankfurter
was involved with)
claimed as birthright.
There were matters one
never talked about but al-
ways thought about — one
was your height; another
was Jewishness."

Frankfurter was closely
associated with Secretary of
War Henry L. Stimson in vi-
tal matters relating to the
first world conflict and with
other government officials
in important domestic mat-
ters. His significant role in
Zionism receives the follow-
ing special reference in the
Lash account:

FELIX FRANKFURTER

The war ended and now
Frankfurter was off again
to Europe, this time to hold
a watching "brief" for the
American Zionist movement
at the Paris Peace Confer-
ence. He went at the request
of Justice Brandeis and Fed-
eral Judge Julian Mack,
both eminent jurists, both
Harvard men, both leaders
of American Zionism. It was
a fateful moment in the af-
fairs of Zion.
The British Government
had issued the Balfour Dec-
laration, a policy, Frank-
furter always carefully
noted, concurred in by the
United States, "that Pales-
tine be established as a Jew-
ish National Home."
"It was issued," said
Frankfurter, "after detailed
consultation, even changes
in the phrasing, between the
Lloyd George Government
and President Wilson in
person," and it had the
blessings of the French.

But how was it to be car-
ried out, how "formalized,
institutionalized, interna-
tionalized?" What in sum,
would be the terms of the
mandate under which
Britain would serve as a
trustee of Palestine? A
mandate was a legal docu-
ment, and that was why

Brandeis and Mack
wanted Frankfurter, a
man of tough-minded legal
competence, to be in Paris
to backstop the dreamers
like Weizmann.

Mack was there, too, and
one of his former law clerks,
a favorite, Benjamin V.
Cohen, already known as a
superb legal draftsman, and
there was Aaron Aaron-
sohn, fresh from his under-
ground exploits in Pales-
tine.
He was, he told William
Bullitt, the only man in
Paris who would know
whether a particular five-
acre field should be given to
the Zionists because "it con-
tained a unique specimen of
a wild plant, which should
be preserved for the service
of science and would be
tended by the Jews, but
might be neglected by the
Arabs."
The Arabs also were in
Paris. Their chief represent-
ative was Prince Feisal of
Arabia, who was shep-
herded everywhere by T. E.
Lawrence. One of the im-
probable meetings in his-
tory was between Feisal and
Frankfurter.
The Jews did not wish to
restore Jewish civilization in
Palestine at the expense of
the Arab people and culture,
the Harvard professor as-
sured the desert chieftain.
The Jews were not colonial-
ists and the golden moment
in the history of the two
peoples and civilizations
was when they had inter-
mingled and coexisted.

"We exchanged assur-
ances, and it was agreed
that each would put his re-
marks on paper. We went
back to the Hotel Maurice
where Lawrence was stay-
ing and I wrote my letter,
and he wrote his and then
they were duly signed."

There the hardheaded
Brandeis-Mack leadership
was rejected for that of
Weizmann, despite a four-
hour speech by Frankfurter,
the floor leader of the Bran-
deis-Mack group, that
brought the audience to its
feet cheering. For a time
there would be a diminution
in his involvement with
Zionism, but later he was
reconciled with Weizmann,
who tried to persuade him
to move to Palestine.

The scores of notations
in the F. F. diary about
his Zionist and Jewish
experiences provide vital
data on matters affecting
the history of American
Jewry in the crucial years
of the two world wars and
the interim periods.

The Frankfurter Jewish-
ness finds an important as-
pect in the story of his last
days, as he personally di-
rected selection of the last
rites to be performed for
him. Lash tells the interest-
ing incident, which was rec-
orded at the time of Frank-
furter's death, in this
concluding note in the intro-
ductory essay:
He did not want a rabbi,
he told Garson Kanin. He
had left the synagogue at 15
and never returned. The
services should be in his
apartment, and he listed
those whom he wanted pre-
sent and who should be the
speakers. Finally, he listed
Professor Louis Henkin as
the last of those to speak.
"Do you know why I want
him?" Frankfurter asked
Kanin. "No," the playwright
replied. "Because he is my
only close personal friend
who is also a practicing, or-
thodox Jew. He knows He-
brew perfectly and will
know exactly what to say. I
came into the world a Jew
and although I did not live
my life entirely as a Jew, I
think it is fitting that I
should leave as a Jew."

The Press, the Jews, Israel,
the Public Relations Anomalies

New experiences are baffling the American people, and
the Jewish community is especially baffled by the anoma-
lies affecting public relations.
The oil interests may have smarter public relations
programs than people realize. Perhaps they are fooling the
White House and Congress and in the process the news
commentators and so-called experts are speculating to such
a degree that the newspaper readers are left in a muddle.
Meanwhile there is an old scapegoat. In search for a
victim, Israel can always be blamed for the Arab quest for
power through oil and the demand for spoils. Little is done
to indicate that if there were no Israel to reckon with the
Arab magnates would continue to demand their price and
would exact it mercilessly.
Inevitably, because Israel is in a tight spot of depenG
ence upon the United States for whatever aid can be secured
for her security, because the figure inevitably is high, Is-
rael becomes a target for prejudiced sources. The American
stock has fallen in the Middle East and the cost of main-
taining Israel's status as a democracy is not too high if the
challenge to this country is taken into consideration. But
the true facts lack fullest definition.
This is where the public relations programs have failed.
The press has become less friendly to Israel's needs and the
Jews are pinpointed as moochers on the American treasury.
The emphasis constantly given to the philanthropic as-
pects of Jewish life inject the Jewish community into the
limelight as the moneyed people who raise immense funds
for their purposes. Less notoriety on this subject would do
some good, since it is so difficult to explain that even if UJA
income were doubled and Israel Bond sales trebled, the in-
comes would hardly suffice in tasks of securing the exist-
ence and safety of a community always under duress and in
need of protection.
American Jewry would do well to look into its public
relations activities and to strive- for more effective activities.
The needs are too great,to be ignored.

The Venom of the Gutter

Israel Ambassador Chaim Herzog was right in refusing
to enter into debate with the Iraqi representative. The gut-
ter venom of Israel's enemies who have a role in the interna-
tional forum is well known. The appeals to hatred and to
pogroms has given the spokesmen for barbarism a special
place in human society. The better part of decency and good
judgment calls for ignoring the pleas for hatred. Ambassa-
dor Herzog is to be commended for standing erect and re-
fusing to descend to the gutter with a reply to the inhuman-
ities from Iraq.

Israel's enemies keep reiterating the same appeals to
hatred that have marked their anti-Israel speeches during
the past 27 years. Those who have followed the events stem-
ming from the UN can expect no less. Only if the USSR and
its allies refrain from joining the Arab harangues will there
be a possible reduction in hatemongering on the East River.

The letter to Frankfurter,
dated March 31, 1919, en-
dorsed the Balfour Delcara-
tion: "We Arabs, especially
"When he told me that,"
the educated among us, - look
with the deepest sympathy said Lou Henkin, "and Jacques Back: Prince in Journalism
on the Zionist movement. when he added, 'you do
Our deputation here in what you want,' I decided
Jacques Back, who remained active as editor of the
Paris is fully acquainted to say Kaddish. You know Nashville (Tenn.) Jewish Observer until the very last days of
with the proposals submit- that is not a lamentation his rich 95-year life, was revered in the Jewish newspaper
ted by the Zionist Organiza- but a magnificat which field. He was a prince in journalism and he earned the re-
tion to the Peace Confer- has bound generations of spect given him through his skill as a writer, his literary
style, his Jewish devotions. He had great dignity and it
ence, and we regard them as Jews to each other."
Paul Freund, who was the earned him a place in journalism and in religious circles.
moderate and proper. We
will do our best, insofar as other speaker at the simple His friendship, always a blessing to those who shared it,
we are concerned, to help services that were held in will be missed by those who benefited very much from it.
them through; we will wish Frankfurter's apartment,
Few men possess eloquence in speech as much as they
the Jews a most hearty wel- spoke of other linkages: "F.
F.'s" patriotism, his love of do in their chosen professions as writers. Jacques Back pos-
come home."
While in Paris Frank- friends — "who of us will sessed both qualities and the Nashville community was
furter went on a mission, not continue to feel that iron greatly enriched by his contributions culturally and his
again headed by Morgen- grip on the arm, to hear the guidance spiritually. He was a blessing to his generation.
thau, to newly reconstituted full-throated greeting, to be
Poland, to investigate the rocked with the explosive
miserable status of Polish laughter, and to be moved death he had called in Max
Thus, the Lash-edited
Jewry. A year later he was by the solicitous inquiries Freedman (his biographer) book combines American
back in Europe "enslaved by about ourselves and our and asked him to stand be- political and legal history
Zionist work," he wrote dear ones?" — his love of the side his bed and hold his with biography and vital
Morris Cohen, who consid- law, and the courage it had hand as they talked. He data on Zionist backgrounds
ered Zionism a form of taken to stand up for justice spoke of Freedman's work- and developments. It is a
"not least in later years in-progress.
"tribalism."
work that will serve im-
Frankfurter's involve- when he exercised the cour-
"Tell the whole story," he mensely in providing an
ment with the Zionist move- age of judicial restraint and instructed Freedman sol- understanding of the issues
ment at this time was so ex- risked the misunderstand- emnly. "Let people see how affecting commentary on
tensive that he was a major ing and alienation of friends much I loved Roosevelt, how Jewish reactions by a man
figure at the crucial Cleve- outside the law."
much I loved my country, who must be viewed as hav-
Then there was another and let them see how great ing been an assimilated per-
land convention of the
American Zionist movement linkage, unmentioned at the a man Roosevelt really son with a deep concern for
service. Two days before his was."
in 1921.
the fate of his people.

