"JUSTICES MUCH REFRESHED BY VACATION REST"

SUPREME COURTS MEETS FOR NEW TERM, PAYS RESPECTS TO PRESIDENT COOLIDGE

Washington, D.C. (JFK+50) On October 1, 1923, the United States Supreme Court "met for its new term after a recess since last June."

The Evening Star reports all of the justices were "much refreshed by the vacation rest" including senior members Justice Joseph McKenna* and Justice Oliver Wendell Holmes**.

After a brief opening session, the members of the High Court adjourned "to call at the White House to pay its respects to the President."

*Joseph McKenna (1843-1926) was born in Philadelphia, Pennsylvania & earned his law degree at Columbia School of Law.  JM served as associate justice USSC 1898-1925.

**Oliver Wendell Holmes Jr. (1841-1935) was born in Boston, Massachusetts & earned his law degree at Harvard School of Law.  OWH served in the Civil War & as associate justice USSC 1902-1932.  He is one of the most widely quoted SC justices. 

SOURCES

"Oliver Wendell Holmes, Jr., 1902-1932," Supreme Court Historical Society, www.supremecourthistory.org/

"Supreme Court Opens Full Term," The Evening Star, Washington, D.C., October 1, 1923, Chronicling America, Library of Congress, www.loc.gov/

 

 

 Supreme Court Justices

October 1 1923

Library of Congress

"ANOTHER SLIGHT OPERATION WILL NEED TO BE PERFORMED"

JUSTICE HOLMES CONDITION FAVORABLE AFTER 'SLIGHT' OPERATION

Brookline, Massachusetts (JFK+50) On June 27, 1922, the condition of Supreme Court Justice Oliver Wendell Holmes* "was reported to be very favorable" following a "slight preliminary operation."

The news was passed along by the Justice's personal physician, Dr. Arthur L. Chute**.

The Justice is expected to be leaving a hospital here in Brookline and going to his home on the North Shore within four weeks.  Dr. Chute expects another slight operation will need to be performed at a later time.

*Oliver Wendell Holmes, Jr. (1841-1935) was born in Boston & served in the Massachusetts Militia during the Civil War.  OWH was educated at Harvard Law School & served as AJ & CJ of the MA Supreme Judicial Court 1882-1902.  He was AJ of the USSC 1902-1932.  OWH is the 3rd most cited American legal scholar of the 20th Century.

**Arthur Lambert Chute (1869-1934) was born in Georgetown, MA & became an eminent urologist.  Dr. Chute resided in Boston's Back Bay & spent summers in Falmouth, MA. 

SOURCES

"Dr. Arthur Lambert Chute," Find a Grave, www.findagrave.com/

"Justice Holmes Operated On," The New York Tribune, June 28, 1922, Chronicling America, Library of Congress, www.loc.gov/ 

   

 

Oliver Wendell Holmes, Jr.

 Harris & Ewing Photo (1930)

Library of Congress

CIRCUMSTANCES OF WAR PERMIT GREATER RESTRICTION ON FREE SPEECH

HIGH COURT UPHOLDS SOCIALIST'S CONVICTION FOR RESISTANCE TO DRAFT 

Washington, D.C. (JFK+50) On March 3, 1919, the United States Supreme Court handed down a landmark decision in Charles T. Schenck* v. United States.  Justice Oliver Wendell Holmes, Jr.** wrote the majority opinion which held that Mr. Schenck's conviction for violating the Espionage Act of 1917*** was constitutional.

Mr. Schenck, general secretary of the United States Socialist Party, had been responsible for the printing and distribution of 15,000 - 20,000 leaflets to draft age men calling for resistance to induction in the armed services.

Justice Holmes argued that the First Amendment to the United States Constitution did NOT protect speech encouraging men to resist the draft.  He wrote that circumstances of war permit greater restriction on free speech than in peacetime.

*Charles T. Schenck (pronounced SHANK) was found guilty of violation of the Espionage Act of 1917 & convicted on 3 counts.  CTS was sentenced to 10 years for each count but served only 6 months in federal prison.

**Oliver Wendell Holmes, Jr. (1841-1935) was born in Boston and earned his BA & law degrees at Harvard University.  OWH served in the Union Army in the Civil War.  He was Chief Justice of the Massachusetts Supreme Court (1899-1902) & Associate Justice of the US Supreme Court (1902-1932).  OWH was appointed to the USSC by President Theodore Roosevelt.

***Espionage Act of 1917 required any protest or anti-government speech must be in line with the government's ability to protect the well-being of its citizens.