 Remember a Hallmark card when you carry enough to send the very best. It's greatest stars in outstanding stories chosen by one of the world's best no-nots. Mr. James... Good evening, ladies and gentlemen. This is James Hilton. Welcome back to a new season of Hallmark Playhouse. Tonight we are proud to present Catherine Bowen's Yankee from Olympus. It's the story of Oliver Wendell Holmes, symbol of democracy, pillar of human understanding and tolerance. An American whose wisdom and teachings will live with us forever. The more I read this book, the more I marvel how much knowledge this great man was able to impart. Tonight I'd like each one of you to imagine that you have the book Yankee from Olympus in your hands. And as our story unfolds, become part of our story. Imagine yourself in the same room with Oliver Wendell Holmes and help me toll the bell that rings out the passage of the years. And to portray the role of the great Oliver Wendell Holmes, we are privileged to give you Mr. Robert Young. And now, Frank Goss, how about a few words from you about Hallmark? Thank you, Mr. Hilton. Hallmark is the name to remember when you want to remember your friends. For birthdays, weddings, anniversaries, holidays, there is a quality about Hallmark cards that whispers good taste. And you'll send them with pride for that identifying Hallmark on the back adds meaning. It says you cared enough to send the very best. Now Hallmark Playhouse, presenting Catherine Bowen's Yankee from Olympus, starring Robert Young. As a young boy, Oliver Wendell Holmes determined that law would be his career and began investigating its mysteries. At the age of 25, he passed his bar examination and was ready to practice law. The year was 1866. A library? They know just how important your work is to you, but surely tonight you can forget? I can't, honey. I'm trying to catch up. With what? Four years that I spent fighting with my brothers from the south. Four years of heartache and regret. But we won. No, we lost. Every drop of blood, whether it be the north or the south, was American. No side one, we both lost. We can only pray that from our loss will come a lasting United States. Now I want to forget. I want to make up for those years. I want to be happy again. I want to understand the law fully. Wendell, I'm so proud of you. You're going to be a great lawyer, the biggest in Boston. Thank you, ma'am. But if I pay for my sign the first year and my office rent the next, I can tell myself I'm a success. You'll be different than any other lawyer. I'm already different. I don't have a client. Oh yes, you have, Wendell. Before this party is over, I will have committed a crime. And who do you think I would select as my lawyer? George Shattuck. Oh, I should say not. I'll make it easier for you. If you were in trouble, who would you select as your lawyer? George Shattuck, he's my best friend. Oh, Wendell Holmes. Come out on the veranda with me. Now, Wendell, be prepared. We're alone. I saw you sneak away. George Shattuck, I hate you. The best, father. Wendell. I know you still don't approve of my becoming a lawyer. You could have been a teacher, a scientist. Why the law? Because it will give me an understanding of humanity. People. And what's more important on earth than people? You're wasting your time. Well, if learning the rights of people under God, then what laws have been used and why they were made and how they affect us today and what we can do about it, is a waste of time. And, sir, I will have wasted my life. Mark my words, Wendell. As a lawyer, you can never be a great man. I have so much to tell you, but... Wendell, I declare. I don't know whether you walk faster or talk faster. Three weeks ago, Saturday night. What did I forget? I wish I knew, but Fanny, did you know that in the 17th century, the pilgrims used to place a prisoner in stocks and flogging? That's a matter of record. I missed you, Wendell. But how could the judge permit it? Wendell! Wendell, you place a butt at the end of every sentence so that you can keep on without a pause. We had a date exactly three weeks ago. You never rise. But how could a sane judge agree with the theory that the rehabilitation of a prisoner was best accomplished by exhibiting him publicly? Yes. Wendell, Timothy Horsey invited me to the Continental Ball. I refused his invitation. I told him someone else was going to take him. But a good judge wouldn't base his decision on ancient precedent. Something that happened centuries before. Imagine! Wendell, that mass of books you're carrying. They're heavy, aren't they? Books? What books? Oh, dear me. Rhodes' History of Greece, Newell's Platonic Dialogues, The History of Philosophy, Plutarch's Morals, Spinoza, Plato. Oh, yeah. Wendell, hadn't you better sit down on this park bench and rest your mind? And your feet? But I was wondering if a good lawyer... Sit down, Wendell. Sit down? Oh, yes. You know, Fanny, I don't know exactly why, but I am tired. These books. You read them and you understand them and you remember everything in them. Oh, yes. Then how is it possible to forget that three weeks ago we had an engagement that you didn't keep? That's what I've been trying to remember for weeks. Oh! And you were supposed to come by my house to tell me whether you won your first case yesterday. Oh, I lost. Oh. Yes, I lost. And only because the judge was no different than the judges who permitted men to be locked in stocks and be humiliated publicly over 200 years ago. Well, perhaps if you'd appeal the case. I'm not quite ready yet, Fanny. Someday, though, someday... I believe in you, Wendell. You see these old books. I want to read thousands and thousands more of them. I want to make all knowledge my province. I want to prove that it's people about which laws should be written. Times and circumstances rather than just logic and ancient precedent. When I've gathered my material, I want to write a book about common law. I want to arouse lawmakers, judges, anyone that has anything to do with law. I want to make them realize that what happened yesterday and the day before and centuries ago will not always fit our times. I'll be so proud of you, Wendell. Oh, Fanny, it's vital to the people. It means progress. You have the heart of a pioneer. You'll succeed. Fanny, you are such a friend. A friend? The best a man ever had. 1871. Keep up the pace, Wendell. A man can't work all day and night and never sleep. You're wrong, George. When you want something badly enough, sleep isn't really important. When is the last time you saw Fanny Dixwell? Now there's a wonderful friend. Wendell, there's something urgent I must tell you. Urgent? There isn't anything wrong with Fanny. Yes, there's something radically wrong with her. I'll get my hat and coat. You have your carriage. Wendell, all that's wrong with Fanny is that she's idiot enough to be in love with you and always has been. Well, how do you like that? Imagine Fanny in love with me. Oh, it can't be. Why, she's my best friend. I have eyes in my head. Surely I would have known. She did say that, George. But it was nothing more than friendship, I tell you. She said what? What's wrong with you, Wendell? Oh, forget it. Timothy Halsey invited me to the continental ball. I refused his invitation. I told him someone else was going to take me. That someone else was me. I had a date to take her and I forgot all about it. George, what's wrong with me? It'll take a volume thicker than you plan on writing to explain that. I believe in you. More than anyone else in the world. A friend? I should say not. George, why has it taken me so long to realize that I'm in love with Fanny? Maybe it's because you've cared more for ideas than for people, but I love her. I love her. Even more than Plato. Plato, Plutarch, and you can even add Spinoza. Fanny Bodich Dixwell married Oliver Wendell Holmes and the happy years rapidly spread on. Well, past midnight, and you haven't had your dinner yet? Well, come to think of it, I am hungry. Here, let me help you with the tray. Champagne? Let's celebrate our ninth wedding anniversary. Oh, Fanny, I forgot. Forgive me. Please forgive me. When your soap is wasted, what else can I do? Nine years, Fanny. They haven't been easy once for you. I haven't earned enough money to even dress you up in pretty bonnets. Oh, really, Wendell? I don't look well in bonnets. And this flat over a store. You should have a grand house, Fanny. I wouldn't exchange this flat for the biggest mansion in all Boston. And I'll walk on the common for the most littering society ball. Don't you think you'd be a good idea if you retired for the night? Hey, I am tired, so very tired. This book, The Common Law, how long have I been writing it? Six, seven, eight years. Will I ever finish it? Surely as the earth is round. You know, Fanny, I've always felt that if a man can't get his ideas in order by the time he's 40, he never will. In a month, I'll be 40. This is my last chance. Wendell, a man is born with courage. It isn't acquired. And you are a very, very courageous man. And as long as you live, you'll still fight on for the things you believe. Nothing can stop you. Nothing. I wonder. Not I. Fanny, dearest. Embodies the story of a nation's development through many centuries. Judicial decision does not derive wholly from precedent. A good turn to the second act of Yankee from Olympus, starring Robert Young. But first I want to welcome cordially all our new listeners and say a warm hello again to all our old friends. For with Labor Day come and gone, it is time to cement new friendships and renew the old. To help you do that most easily, the makers of hallmark cards have created some delightfully new and different cards. For example, to keep in touch with those grand new people you met on vacation, there's a beautiful hallmark bouquet, a graceful cutout basket overflowing with colorful flowers. It's the perfect way just to say hello to new friends and old. And wait till you see the brand new hallmark cards featuring Pinky the Rabbit, a most appealing little fellow with real pink plush ears. You'll find Pinky the Rabbit enchanting for birthdays and anniversaries, or for welcoming that cute new baby who arrived at a friend's home while you were away. Then to delight those youngsters you want to remember, there are eight brand new hallmark dolls of the nations. You know this makes a total of 36 dolls in all. Children love to collect these fascinating stand-up dolls in colorful costumes topped with real feather plumes. You'll find these exclusive new cards at the friendly store where you buy your hallmark cards. And as always, the hallmark on the back tells your friends, you cared enough to send the very best. Now James Hilton and the second act of Catherine Bowen's Yankee from Olympus, soaring Robert Young. Of his book on common law, Oliver Wendell Holmes was widely acclaimed. He was appointed a Justice of Massachusetts Supreme Court. And in 1896, at the age of 55, he began a reputation as a dissenter. Should strike, it is his privilege to pick it if he do so peacefully. And the employer should not be granted the privilege of injunction to prevent his doing so. Oh, handsome on the bench in your black room. Weren't you more interested in what I had to say, Fanny? Well, why did you dissent, dear? Well, Fanny, for the sake of progress. Our country is reaching maturity. Industry is flourishing and is becoming mechanized. It's huge and overpowering. The working man has no voice other than to pick it when he's rightfully dissatisfied. You're right, of course, Wendell. The shame your vote wasn't on the majority side. Yes, I'm disappointed. But Fanny, it's just possible my dissent may awaken a few judges throughout the nation. And who knows? There might be others who will agree with me that laws should be written to fit the times. Mrs. Holmes. Oh, why aren't you home taking care of our garden on this lovely day? Well, I'm in the thinking, Mrs. Holmes. Why, for me, we're given our notice. Why, sir? Isn't this a rather sudden decision, Sam? Well, Judge, tell you the truth. The reason we're leaving is you. Well, what did I do? You're an anarchist. An anarchist? Yeah, you're in cahoots with the Strikers. I wouldn't say that, Sam. Anarchists throw bombs, you know. Well, do you believe that I would throw bombs? No, no. But my wife and me, uh, well, we're leaving. Want to get out of throwing distance, eh? Well, anyways, Mr. Judge Holmes, you're a Harvard College man. And you're a blue blood. Tell me why you're interested in looking out for the little fella. Because in this instance, I believe he's right. I don't quite understand. Are you, uh, are you against the rich? No, Sam, no. Sam. Judge Holmes is not against anyone. He's only for everyone. 102. Oliver Wendell Holmes was appointed by Theodore Roosevelt to the highest judicial office in the land, the United States Supreme Court. Wendell, I don't believe I've ever seen you so upset. Whatever is the matter? I have justifiable reason, believe me. Is it the case of the Northern Securities Company? Yes, Fanny, I'm ready to write my opinion. Justice Holmes, Mr. George Shattuck is here. Wendell, eh? There's a rumor afoot that you're going to dissent in the Northern Security case. George, do you believe in rumors? Oh, that's a relief. For a moment, I thought you were going to go against the wishes of Mr. Theodore Roosevelt and side with capital. Really, George? You're too loyal, Wendell. After all, the president did give you your appointment. That's true. President Theodore Roosevelt selected me to be a justice of the United States Supreme Court. Did he appoint me because I was the right man for the job? Or did he select me to pack the Supreme Court and become his office boy? Now, now, Wendell, you're upsetting us over necessarily. It's quite immaterial, George. If you'd like to hear my opinion, I'll be very glad to render it here and now. Yes, Wendell? The Northern Security Company is a railroad merger planned by the nation's greatest businessman, and the government chooses to dissolve it before they even begin operations on the basis of violation of the Sherman Antitrust Act in restraint of trade. The government's right. It's a trust. It must be broken. Supposing I said the Sherman Act isn't in this case fair. It's a law. And we adhere to the law. Law is an experiment, George, as all life is an experiment. The Sherman Act does not permit the strong man to win the race. Mere bigness doesn't make a merger illegal. How it behaves, what it does, determines its legality. And I still maintain the government is right to break big business. Just why is the government right? Because that's the way people wanted. It's been your 34 years, Wendell, and it's in black and white in your book on common law. A judge must bear in mind the economic changes in society and must vote for what's best for the time and the people. Those are exactly my sentiments, except in this case I take into consideration that the people have been aroused by a publicity campaign against the rich. Now, if the public would come out frankly and say, sock the rich, it would be far more admirable than this pretense of using the courts to call the rich illegal simply because they are rich. Remember, George, the rich are also people. In 8th, 1911, Wendell Holmes celebrates his 70th birthday. So, Jet Holmes on the Supreme Court is a dipsy duty. He's against everything. What's wrong with being against when maybe he's right? In 1918, child labor law declared unconstitutional. Wendell Holmes descents. Children belong in parks, not in sweatshops. Now or ever. Wiretapping declared legal. Justice Holmes descents. I think it's less than evil that some criminal should escape than that the government should use underhanded tactics. 27. Isn't that distinguished old gentleman, Justice Wendell Holmes? Yes, I've known him all my life. Would you believe that his father once told him, a lawyer can never be a great man? In the morning papers and I've come across something quite interesting. No, they're not printing the usual rumors of my retiring again. Oh no, it's not that this time. Wendell, if my memory serves me right, you are 88, aren't you? That's quite right. Dear me, that makes me 89. I shall simply have to start lying about my age. As it is, I've heard whispers about Washington that I'm really your mother. Oh, come now, Fanny. You are younger than springtime. Oh, Mr. Justice, you're prejudiced. Nevertheless, I can understand their talk. I do believe you grow handsomer every day. And where did you get that suit? It's quite dapper. Now stop laughing at me, Fanny. What's this about the newspaper? Oh, all right, all right. Just trying to get my facts straight. One more question, please. What a woman. What is it? You are the oldest justice on the Supreme Court bench. I have that distinction. Very well. Now then, the newspaper. You're getting quite famous. People are beginning to know who you are. It seems that a roving reporter asked a workman if he knew anything about justice homes. The man's reply was, and I quote, You mean that young guy who's always disagreeing with those old guys? Dixwell Holmes died peacefully in her sleep, and with her went half of Oliver Wendell Holmes' life. And the year was 1933, and FDR was in office. The President of the United States is here to see you. How are you, Mr. Justice? I hope I'm not disturbing you. Not at all, Mr. President. Mr. Justice Holmes, I've come to you for advice. Of course, if I can be of any help. I've called a special session of Congress tomorrow to present my plan for the national emergency. I intend to order the banks closed and lay an embargo on gold. Justice Holmes, you have lived through half of our country's entire history. You have seen and known its great men. This is a dark hour. There are all kinds of wars, Mr. President. You are in an economic war. In a war, there's only one rule. Form your battalion and fight. Fight for what you believe is best for the people. Thank you, Mr. Justice. Fighting for people has been your creed for so many years. Yes, it has been a long time. I'm 91 years old. Young, Mr. Justice. I've heard a rumor that you plan on retiring. You are part of our past, Justice Holmes. It's hard to think of a future that you will not share. Mr. President, the riders in a race do not stop short when they reach the goal. There is a little finishing catter before coming to a standstill. There is time to hear the kind voices of friends say to oneself, the work is done. But just as one says that, the answer comes, the race is over, but the work is never done while the power to work remains. It cannot be while you still live. For to live is to function. That is all there is in living. A Latin poet wrote more than 1,500 years ago, death plucks my ear and says, live. I am coming. Justice of the Supreme Court of the United States, Yankee from Olympus, died in the month of March 1935. He was 94. And so at the grave of a hero we end, not with sorrow for the inevitable loss, but with the contagion of his courage. And with a kind of desperate joy, we go back to the fight. Tell you about the eight new dolls that have been added to the hallmarked dolls of the nations for children. There's red-haired Kathleen of Ireland, Monty of Australia, Leilani of Hawaii, eight fascinating new dolls children will love. Their dressed and colorful native costumes have real plumes in their hats and stand up by themselves. They're educational too. It's a time story of its own country. Hallmarked dolls of the nations cost only 25 cents each, are easy gifts to send and easy to keep in a pretty album costing only 50 cents that's specially designed to hold the entire collection. You'll find them at the friendly store where you buy hallmarked greeting cards. Here again is James Hilton. Thank you, Robert Young, for a truly great performance this evening. You've made our opening show for this season a memorable one. Thank you, Mr. Hilton. You've joined me in expressing our appreciation to Lorine Tuttle for her fine portrayal of Mrs. Hilton. I certainly do. It was an exceptional pleasure for me to portray so great and wonderful a man as Justice Oliver Wendell Holmes. By the way, you know this is my fourth show for hallmarks. I know that, Bob. In fact, we count you as one of the hallmark regulars. Well, you know, Mr. Hilton, every time I've been on the hallmark show, I've received gifts of those hallmarked dolls for my daughters. In fact, I recall telling you that they wait up for me to make sure that I've brought the hallmarked dolls home with me. Well, Mr. Young, here's a set of the eight new hallmarked dolls of the nations for each of your daughters and a collector's album for all 16 of the hallmarked dolls of the nations. Here's one for Carol Ann and Barbara and Betty Lou and Kathleen. Thank you, Frank. I'm sure the girls were listening tonight and I know they will be thrilled. My thanks again to hallmark and to you, Mr. Hilton. And the best of luck to you, Bob, on your own show for Maxwell House Coffee. Father knows best. Ladies and gentlemen, hallmark playhouse invites you to listen again next Thursday and every Thursday when we present fine stories chosen from a field of literature and starring leading Hollywood actors. Next Thursday we have Margaret Landon's Anna and the King of Siam, starring Miss Deborah Carr. And the following week, so well remembered, starring Van Heflin. Our director-producer is Bill Gay. Our music is composed and conducted by Lynn Murray, and our script tonight was adapted by Jack Rubin. Until next Thursday then, this is James Hilton saying, good night. The cards that are sold only in stores that have been carefully selected to give you expert and friendly service. Remember hallmark cards when you carry it out to send the very best. This is Frank Boss saying good night to you all and inviting you next Thursday and every Thursday. You tune in one half hour earlier and listen to the adventures of KC, crime photographer, followed by the hallmark playhouse. This is CBS, the Columbia Broadcasting System. This is KMBC, Kansas City, Missouri.