64 Friday, May 28, 1982

O

THE DETROIT JEWISH NEWS

Zionist Identifications of Two High Court Justices
Traced in `The Brandels/Frankfurther Connection'

Louis D. Brandeis and
Felix Frankfurter had a
very close relationship,
prior to the latter's ap-
pointment to the U.S.
Suprmeme Court, to a de-
gree that Brandeis, while on
the High Court, subsidized
Frankfurter's activities as a
lobbyist in many causes
held dearly by both.
Prof. Bruce Allen Murphy
of Pennsylvania State Uni-
versity reveals the relations
in "The Brandeis /
Frankfurter Connection"
(Oxford University Press).
Social and political re-
forms were given financial
encouragement by Bran-
deis, who gave funds to
Frankfurter to carry on cer-
tain propaganda services.
Dr. Murphy emphasizes,
however, that Brandeis'
judicial conduct was never
in question.
"Both men continue to
be universally portrayed
as paragons of judicial
virtue," Dr. Murphy
states. "According to the
vast body of literature on
each man, they scrupul-
ously observed judicial
proprieties, leaving be-
hind once they had don-
ned their judicial gowns
all the political zeal they
had honed during their
highly visible prejudicial
social reform careers."
The new revelations,
based on correspondence
now made public for the
first time, has important
references to the interest in
Zionism by both Brandeis
and Frankfurter.
Even in his Zionist inter-
est "Brandeis is declared to
have observed the highest
standards of judicial
ethics."
Dr. Murphy points out
that Brandeis was raised
without formal religious
training, that early in his
life he followed the beliefs of
his mother "who was more
culturally than religiously
Jewish, rather than those of
his uncle Louis Dembitz the
Zionist."
Because of his staunch
support of numerous so-
cial causes, his interest in
the immigrant and his
battles against the big
corporations, Brandeis
experienced anti-
Semitism. Murphy makes
this point to indicate
Brandeis' initial interest
in Zionism: .
"It was a series of inci-
dents over a number of
years, as chronicled in a re-
cently published study by
Anon Gal, that turned the
man who had observed no
Jewish holidays, and would
not speak publicly on a
Jewish subject until he was

50 years old, into the leader
of the American Zionists.
"In the first decade of the
20th Century, as Boston be-
came more noticeably
anti-Semitic and Brandeis
more alienated from the
Brahmins, the 'People's At-
torney,' as he was com-
monly called, became more
visible and active in the
local Jewish community.
"His dependence on them
for assistance in reform
causes, and his recognition
of them as a potent political
force, became clear in 1905,

FELIX FRANKFURTER

not only during his quest for
savings bank life insurance,
but in the effort to defeat the,
Irish democratic machine of
John F. "Honey Fitz"
Fitzgerald, grandfather of
John Fitzgerald Kennedy,
in the Boston mayoral
race."
Brandeis' acquain-
tance with the immigrant
Jews, their plight, is de-
scribed as having been
deeply moving. "It was
an emotional experience
as this successful corpo-
rate lawyer who for years
had tried to pass in
Brahmin society now
sensed his ethnic kinship
with the Jewish people.
Moreover, in discovering
their intellect and sense
of morality, he viewed
these people — his people
— as the new Puritans,
the true American citi-
zens with all the idealism,
industry, innovation,
courage and commitment
to hard work that were
part of the Yankee
spirit."
That's how his Jewish
heritage was awakened and
he was immediately ac-
cepted into Jewish leader-
ship.
Bernard Rosenblatt, Ber-
nard Richard_s and Jacob
DeHaas are the Zionist
leaders Brandeis conferred
with as he entered the lead-
ership ranks and his asso-
ciation with the Zionist
movement was motivated,
as Dr. Murphy states, by so-
cial idealism.
It is indicated here that

anti-Semitic attacks leveled
against him in 1912 further
influenced his new interests
in Jewish life.
This is of special interest
in the Murphy volume:
"Mobilized by the
People's Attorney's ef-
forts against the New
Haven Railroad and the
United Shoe Machinery
Co., some wealthy indus-
trialists established
Truth magazine. Issue
after issue of Truth por-
trayed Brandeis as a
'Jewish radical, a faker, a
hypocrite who made
money while appearing
to back the people's
causes, a 'sabotageur,'
and an opponent of up-
standing Yankee man-
ufacturers.
"Moved by hearing a
speech on May 30, 1913, on
the nationalist aspects of
Zionism from East Euro-
pean Zionist leader Nahum
Sokolow and no longer rec-
ognizing the Boston that
now backed an Immigration
Restriction League, Bran-
deis had nowhere else to
turn. But his choice of alle-
giance was interesting.
"Rather than join the
American Jewish Commit-
tee of his German Jewish
clients, he chose on April 17,
1913 to join the Zion Asso-
ciation of Greater Boston, a
subgroup of the Federation
of American Zionists avail-
able for people who saw
themselves as Zionists but
did not want to be active
participants.
"Brandeis was truly
an American Zionist,
seeing the movement not
as a nationalist one, but
ort
as a social reform eff
much like the Progress-
ive movement so dear to
his heart. From here it
was only a matter of time
before he would become
the leader of the move-
ment.
"On Aug. 30, 1914, he was
elected chairman of the
Provisional Executive
Committee for General
Zionist Affairs, an ad hoc
organization devoted to aid-
ing Jews in the embattled
countries of Europe. His ac-
ceptance speech at that time
aptly captures how he had
come to call himself a
Zionist:
" 'I feel my disqualifica-
tion for this task. Through-
out long years which repre-
sent my own life, I have
been to a great extent sepa-
rated from Jews. I am very
ignorant in things Jewish.
" 'But recent experiences,
public and professional,
have taught me this: I find
Jews possessed of those very

qualities which we of the
20th Century seek to de-
velop in our struggle for jus-
tice and democracy; a deep
sense of the brotherhood of
man; and a high intelli-
gence, the fruit of 3,000
years of civilization.' "
Brandeis' role in the
founding of the American
Jewish Congress, the at-
tacks upon him, including
editorially in the New York
Times, thus forcing him out
of Zionist leadership, re-
ceive due attention.
Towards the end of his
career, as a jurist, he de-
voted himself to efforts to
ameliorate the plight of
Jewry and he aided the
survivors from Nazism.
But he really never
abandoned his Zionist
devotion.
Even- while on the high
bench Brandeis, together
with Frankfurter, took an
active part in meetings with
President Franklin D.
Roosevelt to secure aid for
the persecuted. Prof. Mur-
phy states on this score:
"Brandeis devoted what
energy he had left to one of
the issues that had so con-
cerned him throughout his
long career in public life —
the plight of the Jewish
people. During his final two
years on the bench, and for
the remaining 2 1 2 years of
his life following his retire-
ment, the prophet tried to
convince the Administra-
tion to safeguard the future
of the Jewish homeland in
Palestine and to relax the
immigration quotas for
Jews wishing to flee the
imminent Holocaust.
- "Throughout the 1930s, a
period of declining in-
volvement but not interest
in the Zionist cause for the
justice, he had warned
about the tightening web of
Nazism that surrounded
Jews in Germany -and
throughout Europe.
"Troubled by what he
perceived as an anti-
Semitic influence in the
American government
and public, Brandeis re-
peatedly lectured Felix
Frankfurter about these
problems and directed
him to seek liberalization
of the country's immigra-
tion policies. While some
progress had been made,
Brandeis decided by late
1937 to press more force-
fully.
"Still eager to insure that
the British observe their
mandate in Palestine,
Brandeis met with David
Ben-Gurion to make clear
his emphatic disapproval of
any partitioning of the
region.

to FDR to let their former
political squabbles impede
their cooperation.
"After two meetings with
the President, the second at
FDR's request, the Ad-
ministration did follow up
its informal diplomatic ef-
forts with the British am-
bassador, by issuing a pub-
lic statement intended to
push the British into allow-
ing increased Jewish immi-
gration into Palestine."
Prof. Murphy states
that Brandeis was "not

LOUIS BRANDEIS

constrained" from lobby-
ing for Zionism privately,
that he reached the ear
and secured the support
of President Woodrow
Wilson. He points to the
antagonism to Zionism of
the then Secretary of
State Robert Lansing and
of Col. Edward M. House
who was influential in the
White House.
Brandeis conferred with
Chaim Weizmann and Ar-
thur James Balfour and he
secured the aid of President
Wilson in the eventual is-
suance of the Balfour Dec-
laration, despite the opposi-
tion- of the anti-Zionist
Henry Morgenthau Sr.
Brandeis' Zionist activi-
ties are thus described as
"lobbying," and Prof. Mur-
phy states that "there is no
record either published or
unpublished indicating that
any of Brandeis' brethren
on the court questioned the
propriety of his journey or
found it the least bit un-
usual" when Brandeis,
urged by Frankfurter,
undertook a visit in Pales-
tine.
Brandeis had the cooper-
ation of Jewish leaders,
notably Stephen S. Wise
and Judge Julian W. Mack.
He is credited with a major
role in the efforts for even-
tual Jewish statehood
through the Balfour Dec-
laration.
Frankfurter's Zionist
activities are given
equally impressive
analysis in "The Bran-
deis / Frankfurter Con-
"Just as important, the nection." As a member of
British were preventing the the Supreme Court,
oppressed and endangered Frankfurter was accused
European Jews from enter- of delving into foreign af-
ing Palestine and other fairs. He denied direct
British colonies, and in late Zionist activities, but he
1938 Brandeis decided to conceded that he had
communicate directly with given Dr. Chaim Weiz-
the President on this mat- mann a letter of introduc-
ter. Perhaps he believed, tion to Secretary of State
and quite rightly so, that George Marshall (in
this issue was too important Truman Administration).

But Dr. Murphy does
indicate that Frankfurter
had expressed himself on
Zionism in the years im-
mediately preceding Is-
rael's statehood. There is
this definitive statement
on Frankfurter's attitude
in the Murphy book:
"One can certainly
understand Frankfurter's
interest in this issue. The
establishment of Israel,
especially after the
Holocaust, was a matter -
such vital importance to z
world Jewish population
that Frankfurter, despite
his limited commitment to
Zionism after Brandeis's
death, could hardly have
been expected to remain
aloof from the struggle.
"Even though his in-
volvement here was neither
extensive nor direct, the
justice's explicit denials of
what he had done demon-
strated that it was certainly
more than he wanted to
have revealed to the general
public."
David Niles, who was
close to the Franklin D.
Roosevelt Administration
and who was Truman's
Jewish adviser, emerges in
important roles, as
Frankfurter's close friend
who advised him on Jewish
and Zionist developments in
the two Administrations.
During his judgeship,
Frankfurter was deeply
concerned about the
status of Jews under
Nazism, their plight and
especially the terror in-
_ spired by the Vichy
pro-Hitler regime in
France. He exerted his
influence to encourage
tasks against the latter.
Thus, while "The Bran-
deis / Frankfurter • Collec-
tion" is primarily about the
social interests of Brandeis,
in behalf of which he had
financed the lobbying and
other efforts of Felix
Frankfurter, the Zinoist
connections are equally im-
portant in this volume.

Frankfurter
Roosevelt Ties
Were Strong

5

Justice Felix Frankfurter
had a close association with
President Franklin D.
Roosevelt. This is indicated
in "Mother and Daughter:
The Letters of Eleanor and
Anna Roosevelt" (Coward,
McCann and Geoghegan),
edited by Bernard Asbell.
The volume includes a let-
ter from Anna Roosevelt n
Franklin Delano Roose -,
Jr.:
"Another example of the
type of material that should
be collected and taken into
consideration before a
movie is made of Father is
this: I had lunch, alone,
with Felix Frankfurter,
soon after Father died. Felix
told me he had a complete
file of every letter and
memo that Father ever
wrote him, and that many of
them were revealing as to
Father's thinking and
planning . . ."

1,