Oliver Wendell Holmes, Jr. (Service 1902-1933)
When Oliver Wendell Holmes, Jr. retired from the court he was 90 years old. At that time, he was the longest serving member of the court. He is credited with perfectly describing the “clear and present danger test” in Schenk v United States.
To describe this one need only turn to the September 21, 1887, volume of Puck Magazine who presented the Prize Idiot of the Day who is seen uttering the false cry of “fire” in a theatre. My only concern is whether the dates depicted hereon instruct us that Holmes merely coined the phrase having seen Puck Magazine back in 1887.
Oliver Wendell Holmes, Jr. (1841-1935)
Oliver Wendell Holmes, Jr. #58 (1841-1935)
Holmes autographs a business card and dates it April 3, 1926. There are two large photographs of the Justice. There is also a newsprint of four Justices that are identified as Justice John M. Harlan, #44, Justice Joseph McKenna, #57, Justice William R. Day, #59, and Justice Oliver Wendell Holmes, Jr. #58. There is a picture of the united states supreme court building which was not finished until 1935. These Justices were never inside the supreme court building when complete. Justice Holmes passed the year the structure was occupied by the Court.