revises Kent’s Commentaries, 163–68; embarks on intensive legal research culminating in The Common Law, 152–53, 162, 168–78; wrongly fears he has TB, 178; accepts professorship at Harvard Law School, 179–80; abruptly leaves Harvard for judgeship on SJC, 180–82, 180; gains invaluable experience as trial judge, 182–96, 197–201; 1888 rail trip West with Shattuck and Fanny, 216–17; 1889 trip to England, 217–19; stirs controversy with dissents sympathetic to labor on SJC, 221–25, 241–43, 247; begins summers at Beverly Farms, 225–26; inherits sizeable legacies from father, sister, and father-in-law, 227–28; 1896 trip to England and Ireland, 234–38; flirtation and correspondence with Clare Castletown, 219, 234–40, 249–53; travels by carriage to nephew’s wedding, 248–49; 1898 trip to England and Ireland, 249–51; appointed chief justice of SJC, 253; 1901 and later trips to England and Ireland, 252, 283–84, 303–5, 323–24, 506n55; named by TR to Supreme Court, 253–59; moves to Washington, 257, 260, 270; buys Washington residence at 1720 Eye Street, 280, 286–87, 306–12, 307, 308, 311, 408; falling-out with TR over Northern Securities case, 299–301; buys Beverly Farms property, 331; receives honorary degrees, Oxford and Berlin, 323–24, 506n55; surprise seventy-fifth birthday party, 353–54; targeted in bomb attack, 386–87, 387; eightieth birthday party, 399; prostate operation, 406–9; growing public fame, 11, 14, 420–23, 421, 422; becomes oldest-ever sitting justice, 438; as acting chief justice, 444; radio broadcast for ninetieth birthday, 446–47; portrait painted, 16, 320, 447; resignation from Court, 20, 448, 449; life in retirement, 448–49; birthday visit from FDR, 449–51; death and funeral, 451–52, 452; will and bequests, 453–55, 522n1; authorized biography project, 16, 455–57; reputation and legacy, 14–17, 457–61
CHARACTER, PERSONAL LIFE, AND VIEWS:
on ambition and success, 8, 10, 135, 153, 167–68, 247, 253–54, 323
amusements and interests: aversion to dilettantism, 55–56; bicycling, 6, 207, 249; books and reading, 5, 7–8, 63, 287, 306, 331–32, 332, 376–77, 406, 408, 442–43; cigars, 93, 135, 307, 312, 448; drives, 3, 248–49, 250, 281, 316, 331, 408; etchings, 53, 60, 60, 88, 319; languages, 8, 331–32; London, 138–39, 147, 234, 283, 287, 303; nature, 53, 55–56, 113, 306–7, 319, 331, 385–86, 424–25; solitaire, 5, 184, 249, 331, 333, 408; summer vacations, 330–34, 365; walking, 1, 315–16, 358–59
appearance: attire, iv, xii, 1, 5, 283, 450; as a boy, 39, 59; as Union officer, 4, 80, 108; as young man, 140, 147; in middle age, iv, 183, 213, 215, 247; as Supreme Court justice, xii, 1–2, 269, 273, 308, 360, 402; on 85th birthday, 421, 422; in final years, 443, 444, 450
courage and tough-mindedness, 4, 59–60, 90, 131, 231, 316, 319, 364, 370, 431, 432–33, 461
dislikes: athletics, 316; “facts,” 42, 341, 357, 389, 412; genealogical bores, 420–21; “gracious ladies,” 274; ignorant praise, 258, 422; newspapers, 257–58, 287, 321; philanthropy, 397–98; stag dinners, 208; tapioca pudding, 50; telephone, typewriter, and “conveniences,” 308–9
domestic life: attitude toward children, 206–7; automobile, 307, 312; cold baths, 2; daily routines, 5, 315–16; entertaining, 307, 310–11; home decor, 228, 310, 311; meals, 5, 313–14; money and investments, 179, 227–28; servants, 20, 228, 310, 311–12, 331, 453
duty and work ethic, 4–5, 7–8, 58, 63, 106–7, 118, 124, 129, 365, 423–24
friendships: importance of, 17–18; letter-writing, 17–18, 211–12, 218, 219–21; with young people, 2, 17, 316–17, 326, 329–30, 354–55, 371
health: asthma, 406; corns, 141; depression and “pull downs,” 152, 257, 259, 448; effect of war wounds, 128; fall on stairs, 325; prostate trouble and surgery, 207, 406–9, 420, 451; rheumatism, 265; sexuality, 207, 210–11, 483n61, 491–92n20; shingles, 251; tuberculosis scare, 178
marriage: general thoughts on, 161; relationship with wife, 157, 202–5, 215–16, 238, 239, 277, 279, 303–4, 305 (see also Holmes, Fanny Dixwell)
New England countryside, affinity for, 53, 55–56, 113, 248–49
personality: conversation, 38–39, 112, 145, 213–14, 315–16, 424; drinking, 126, 135, 179, 312, 354, 399, 449; generosity, 17, 47, 317, 397–98; “greatness,” 1–2, 15–16, 19; handwriting, 6, 231; humor and wit, 8–10, 231, 266, 293; joie de vivre, 2, 5; privacy, 455–56; profanity and ribaldry, 10, 40, 141–42, 443; susceptibility to flattery, 375, 400; voice, 1, 435, 446; “Yankee,” 227–28, 456
philosophy of life: on aging and death, 2, 9, 322, 324, 352, 424–25, 451; agnosticism, 56–58, 60, 87, 150–51, 284–86, 322; “bettabilitarian,” 149; disdain for self-importance, 8–9, 10, 19, 128; distrust of certainty, 20–21, 65, 130–31, 151, 224, 243, 293, 376, 461; “jobbism” and professionalism, 4–5, 136, 137–38, 316, 423–24; skepticism, 9, 20–21, 51, 130, 150–51, 223–24, 330; Unitarian influence on, 62–65
politics: doubts about reforms and “causes,” 14, 130–31, 223, 247, 329–30, 396; inaccurately characterized as “liberal,” 15–16, 354–55, 457–59; low opinion of politicians, 399; Republican Party loyalty, 399; socialism as “drool,” 19, 223
social views: absence of racial and ethnic prejudice, 19, 359, 413; anti-utopianism, 19, 223, 396, 398; disdain for idle rich, 19–20; egalitarianism, 19, 137–38, 249, 274, 275–76; Malthusianism and Social Darwinism, 62–63, 398, 431, 433; shaped by war experiences, 9, 19, 117
traveling, anxiety over (“train fever”), 250–51, 330–31, 365
war: effect of upon, 3–4, 9, 19, 106, 117, 127–32, 136, 259, 452; as “organized bore,” 108; views about, 93, 105–7, 118, 127, 316, 363–64, 478n25
women: differences between the sexes, 139, 208, 212; flirtations and enjoyment of company, 159, 208–16, 218–19, 239, 279–80, 317; respect for intellect of, 18, 211–13; women’s rights and suffrage, 131
youth, enthusiasms and melancholy of, 8, 50, 61, 130, 147, 148, 152, 284, 316
LEGAL SCHOLARSHIP AND THOUGHT:
adaptability of law, 10–11, 64, 169–73
“bad man” concept, 244–45, 497n46
balancing tests and matter of degree, 21, 173–74, 201, 246, 293, 296–97, 346, 383, 434
community standards, 64, 172, 174–76, 186–87, 233
constitutional theory, 21–22, 64, 224–25, 293, 296, 460
external standard, 21, 170, 175–76, 230, 232–33
general principles, inadequacy of, 20–21, 64, 241, 243–44, 246, 272, 293
intent and privilege, 175–76, 229–30, 232–33, 241–42, 383–84
judicial restraint, 21–22, 223, 224–25, 293–94, 396–97, 436
juries, 175, 234, 432
law as expression of sovereign force, 131
and “legal theologians,” 170, 246
morality in law, 165, 170, 175–76, 232–33, 244–45, 397
natural law, 376
negligence, 175–76, 234
policymaking, 170, 173–74, 241–43
political impartiality, 21–22, 223–24, 242–43, 295, 302
prediction theory of law, 243
“reasonable man,” 21, 175, 232–33
rights, 21, 65, 106, 297, 369–70, 376, 413, 429
rules and precedent, 189, 195–96, 415
statutory interpretation, 198, 200
and “syllogistic” reasoning, 22, 64, 243, 342
ON MASSACHUSETTS SUPREME JUDICIAL COURT:
caseload and circuit sessions, 183–84, 193
charge to juries, 194
as chief justice, 253, 264
criticisms of his decisions, 224, 254, 257–58, 341
courtroom manner, 194–95
dissenting opinions, 222–23, 224, 232, 241–42
divorce cases, 187–89
and economic competition, 198–99, 241–42, 246
and external standard, 186–87, 230, 232–33
fraud cases, 191–92
free speech cases, 378–79, 383
inheritance cases, 189–91
labor law and strikes, 200, 222–23, 241–42, 247, 254–55, 258, 348
murder trials, 193
/> number of decisions written, 7
and “police power,” 200–201
and power of legislature, 222–25
and problems of urbanization, 197–98
record on appeal, 196, 241, 490n50
reintroduces judicial robes, 253
relations with fellow justices, 230–31
salary, 227
and social and economic legislation, 222–25
“standard time” case, 186–87, 186
tort cases, 233–34, 431–32
as trial justice, 182–96, 197–200
and verbosity of counsel, 194–95
and wagering, 199–200
will cases, 189–91
writing letters from the bench, 194–95
writing style, 229
see also names of specific cases in Index of Court Cases
AS U.S. SUPREME COURT JUSTICE:
acting chief, 444
antitrust cases, 294, 297–301, 339–41
bound volumes of opinions, 333–34
brevity, speed, and writing style, 6–7, 11–13, 265–67, 271, 281, 294–95, 341, 431, 438
building regulation cases, 296–97
and certiorari, 403, 438
child labor cases, 362–63, 362
copyright cases, 272, 273, 273, 277
courtroom manner, 404–5
crank mail, 47, 386
criticisms by academics, 341
as dissenting justice, 294–95, 344–48, 362–63, 405, 409, 416, 437–38, 442
and federal common law, 437–38
free speech cases, 368–71, 378–86, 381, 390–93, 440–42, 460–61
habeas corpus cases, 348–51, 417–19, 425–28, 459
labor cases, 291–97, 342, 348, 397, 459
love of job, 264–65, 266, 281–82
messengers, 20, 260–61, 352
number of decisions written, 7, 281
patent cases, 444
“puke” test, 293, 459
racial discrimination cases, 412–17, 428
relations with fellow justices, 266–67, 270–71, 311, 321, 336–43, 345–47, 353, 403, 404, 405–6, 411
retirement, 324, 343, 399–400, 420, 448–49, 449
salary, 228
secretaries, 5–6, 313–20, 364
social and economic regulation cases, 272, 292–97, 339–41, 405, 408–12, 459
and sovereign immunity, 435–36
sterilization case, 14–15, 428–31
tax cases, 297, 410, 445, 453n22
tort cases, 346, 431–42
work habits and office arrangements, 6–7, 262, 307–9, 308
see also names of specific cases in Index of Court Cases
WRITINGS AND SPEECHES:
“Books” (1858), 57–58, 60
“Plato” (1860), 60–61
“Notes on Albert Durer” (1860), 58
“The Theory of Torts” (1873), 164–65n34
Kent’s Commentaries (1873), 163–67
The Common Law (1881), 10, 11, 14, 21, 168–78, 171, 179, 232, 244, 292, 294, 435
“Memorial Day” (1884), 92, 104, 123, 127
“The Profession of the Law” (1886), 153, 461
“The Use of Law Schools” (Harvard Law School Association, 1886), 45, 138n34
“Privilege, Malice, and Intent” (1894), 230, 241, 242
“The Soldier’s Faith” (1895), 117–18, 119–20, 127, 223n56, 254, 364, 376
“Learning and Science” (Harvard Law School Association, 1896), 224n61
“The Path of the Law” (1897), 129n7, 243–46, 223–24n57
“George Otis Shattuck” (1897), 155–56n12–13
Twentieth Regimental Association (1897), 107
“Law in Science and Science in Law” (1899), 183n14
“Walbridge Abner Field” (1899), 13n50, 199–200n58, 230–31nn6–8
“Memoir of George O. Shattuck, LL.B.” (1900), 155n11, 156–57n15
Bar Association of Boston (1900), 258
“William Crowninshield Endicott” (1900), 183n15, 193n42
Chicago Bar Association (1902), 12–13n48, 259n7
Middlesex Bar Association (1902), 224n57, 259n9
Tavern Club (1902), 49n2, 50nn4–5
Second Corps Association (1903), 3–4n10
Class of ’61 (1911), 461
Alpha Delta Phi Club (1912), 49–50nn3–4, 59
“Ideals and Doubts” (1915), 21n74, 223n56
“Natural Law” (1918), 376, 431
“Death Plucks My Ear” (1931), 446–47
Holmes, Dr. Oliver Wendell, Sr. (father of OWH)
appearance, 24, 34, 39, 44
background and early life, 23, 33, 34–35
Boston and Cambridge residences, 31–32, 32, 48–49, 50, 88, 159–60, 160, 217, 225
on Boston’s intellectual ferment, 23–24, 27
conflicts and rivalry with son, 38–39, 43–47, 87–88, 97–99, 106–7, 122, 276
on effects of the war, 131–32
and Emerson, 38, 43, 49
humor and flippancy, 9, 37, 41–43, 44, 109
interests and hobbies, 37–38, 52–53
“kicks” OWH into the law, 134–35, 167–68
literary pursuits, 23, 35, 41–43
medical studies and career, 27, 35–37, 46–47
old age and death, 217, 226–27
OWH criticizes for triviality, 44
and OWH’s troubles at Harvard, 58, 74–75
and OWH’s war wounds, 87–88, 97–98
praises Fanny’s character, 157, 229
present at OWH’s Lowell Lectures, 177
religious disbelief, 33–34
and Saturday Club, 38, 46
slavery views, 68–69, 70
summer homes, 51–53, 52, 225–26, 226
as talker, 38–39, 43, 140
Homer, 8, 107, 311, 377
Hooper, Clover (Mrs. Henry Adams), 139, 146, 183, 281
Hooper, Rose, 157
Hoover, Herbert, 329, 444
Hoover, J. Edgar, 387
Horwitz, Morton J., 245–46, 246–47
House of Commons, 140
“House of Truth,” 328–30, 328, 353, 354
Howe, Daniel, 62, 131, 134, 137
Howe, Mark Anthony DeWolfe, 456
Howe, Mark DeWolfe
authorized biography of OWH, 16, 18, 456–57
interviews and materials on OWH collected by, 16, 18, 165, 219, 239, 309, 456–57, 465
learns of destruction of Fanny Holmes’s personal papers, 205–6
observations on OWH: originality of work on Kent’s Commentaries, 163–64; relations with women, 210, 211–12, 215
omissions in OWH’s published letters, 207, 472n3, 495n18, 514n57, 523n11
and OWH’s bequest to U.S. government, 454
OWH’s remarks to: writing opinions “like pissing,” 10; relations with father, 47; challenging his morals professor at Harvard, 57; “real horror” of war, 107; old Court chamber “a beauty,” 263–64; sex in modern novels, 443; glad at Court’s rejection of fictitious test of “business affected with public interest,” 449; seeing Lincoln at Fort Stevens, 480n70
papers, 465
as secretary to OWH, 10, 320
Howe, Walter, 330
Howells, William Dean, 220
Hughes, Justice Charles Evans
ally of OWH on Court, 336, 337, 350, 353
on dissents as appeals to future, 347
Hoover appoints chief justice, 444–45
on inconvenience of Court chambers, 263
on OWH’s mastery of common law, 165–66
and OWH’s resignation, 20, 448, 449
on OWH’s Uncle John, 40
passed over for chief justice in 1910, 322–23
radio broadcast on OWH’s birthday, 446
on relations of OWH with fellow justices, 338, 341
resigns to run for president, 353, 401
Hughes, Tom, 159
Hunt, Dr. William, 87, 1
09
Huntington, Frederic Dan, 57, 58
Huntington Hall, 176, 176
Illinois, OWH’s hunting trip to, 284
Illinois Law Review, 393
immigrants, see Boston: Irish in; Civil War: immigrants in; German-Americans; Jews
inaugurations, presidential, 399
income tax, 268, 269, 523n22
independent agencies, 524n22
industrial accidents, 222, 397, 435
Industrial History of the United States, The (Coman), 332
industrialization, problems of, 196–98, 221–24
Inferno (Dante), 8
inheritance cases, 190–91, 192, 196
inheritance taxes, 410, 445
injunctions
in equity cases, 184, 385
labor, 241, 348, 405, 458, 459
injury cases, see torts and tort law; workers’ compensation; workplace safety
insurance
bank deposit, 342
contested beneficiaries of, 189
regulation of, 291
social, 397
intent
in criminal law, 232–33, 383–84
legislative, 200
in liability, 175–76
malicious, 230
and privilege, 229–30, 241–42
interpretation, statutory, 200
Introduction to Mathematics (Whitehead), 332
Inveraray Castle, 142
Ireland, OWH’s visits to, 215, 215, 236–38, 237, 250–52, 283–84, 304, 325–26
Irish-Americans, 19, 76, 77, 78–79, 132–34, 197
Italy, OWH’s visit to, 159
Jackson, Judge Charles (maternal grandfather of OWH), 45, 51, 307
Jackson, Dr. James (great-uncle of OWH), 27, 51
Jackson, Patrick Tracy (great-uncle of OWH), 51
Jackson, Mrs. Stonewall, 278, 501n61
James, Alice, 45–46, 203, 218
Oliver Wendell Holmes Page 61
