Ohio History Journal

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Book Reviews

Book Reviews

 

 

 

The Life of Mr. Justice Clarke: A Testament to the Power of Liberal

Dissent in America. By Hoyt Landon Warner. (Cleveland: Western

Reserve University Press, 1959. ix+232p.; frontispiece, bibliography,

and index. $5.00.)

In the past few years there has been a marked revival of interest in the

United States Supreme Court as is shown by the flood of articles, mono-

graphs, and books that have appeared on the court and its members.

Such interest may reach a high point when the full-length study of the

court (which has been made possible by the bequest of Mr. Justice

Holmes) gets well under way. Since Ohio, which may be thought of

more frequently for its contribution to the presidency, has provided the

supreme court with eleven of its members, including three of its chief

justices, the work of these Ohio jurists undoubtedly will be in for more

systematic attention.

These developments are all to the good. Although extensive work

has been done on such Ohio justices as McLean, Chase, Taft, and Day,

further study would greatly improve our understanding of the work

of Waite, Matthews, and Swayne, and some hard digging may be neces-

sary if we are to properly appreciate the work of a few others. Until

the appearance of Professor Hoyt Landon Warner's study of John

Hessin Clarke, which is the subject of this review, it could be said that

some particularly hard digging would be needed in his case, since only

meager biographical materials were available. Indeed Mr. Justice Clarke,

either from modesty or reticence, did not encourage such an undertaking,

expressing the somewhat surprising view that his life was "not suffi-

ciently unusual or important" to justify a biography.

In consequence, Professor Warner had "to start from scratch" in this

undertaking, seeking out, organizing, and interpreting the scattered ma-

terials that might throw light on his subject. Fortunately his previous

explorations into the social and political aspects of a rapidly industrial-

izing Ohio in the period of "progressive reform" (1897-1917), had pre-

pared him well for his exacting task, which he has performed in a manner