Nobre e Rebelde

Louis Calhern who was in demand right up to his death in 1956 on both stage and screen gets a chance to repeat his most famous stage role as Oliver Wendell Holmes, The Magnificent Yankee. He appeared on Broadway with this play by Emmett Lavery in 1946 for 159 performances with Dorothy Gish playing his wise and patient wife Fanny Dixwell Holmes.

For those who think that this play and movie is about the Great Dissenter on the Supreme Court Oliver Wendell Holmes, author of some of the best known and most quoted legal opinions ever rendered by the US Supreme Court you are wrong. It is instead about a love story between two elderly people, Wendell and Fanny, who embark on a new adventure when at the ripe old age of 60, Wendell gets a major new job in his chosen profession.

If Holmes had never been put on the Supreme Court by Theodore Roosevelt in 1902 his reputation would rest on being the author of The Common Law which is a history of and Holmes view of same. It's a classic in jurisprudence published in many languages. In 1902 Holmes was three years into the job of Chief Justice of the Massachusetts Supreme Court when he got the call which insurance actuarists would have given him a decade tops on his new job.

Yet we first meet Mr. Justice Holmes and his lady right after that appointment, buying a new home for themselves in Washington, DC. They were one of the great love stories in history. Fanny Dixwell was the daughter of the man who ran Dixwell's Latin School in Boston which was THE place to be sending your young Yankee children for their education. They met as children and it was love at first sight. They had eyes for no others.

Taking Dorothy Gish's place for the screen version is Ann Harding. She and Calhern perfectly fit my conception of what the Holmeses must have been like in their private moments. Eduard Franz plays Holmes friend and colleague Louis D. Brandeis who was his partner in dissent on many occasion replacing Edgar Barrier who did the role on stage.

It's sad that while Calhern was given an Oscar nomination for Best Actor, Ann Harding was not similarly honored. The two roles are so entwined that I don't think you can honor one without the other. I made a similar comment on William Powell being nominated for Nick Charles in The Thin Man and Myrna Loy being snubbed for the same film.

The Holmeses had no children, they did in fact raise a niece who was out of the picture when they moved to the capital, but the legend about his law clerks from Harvard becoming surrogate sons is quite true. You can spot such players as Jimmy Lydon, Richard Anderson, and Herbert Anderson in brief roles as the many clerks Holmes had over the years.

Oliver Wendell Holmes was possibly our most distinguished man of the law and Louis Calhern brings him vividly alive with the wit and grace Holmes was known for in his life. Don't ever miss The Magnificent Yankee played by a magnificent actor about a magnificent man.

The story of the making of this genteel biopic is almost as quietly heartwarming as the movie itself: Louis Calhern had been giving small, perfect performances for MGM for years. He went off to Broadway to do this stately biography of Oliver Wendell Holmes. It was a hit. More out of gratitude to Calhern than anything, MGM bought the film rights for him, budgeting it modestly and expecting a low-grossing "prestige picture." It did garner prestige, and even made a little money.

It's a sweet, low-key, moving character portrait, not "opened up" much from the stage and reeking of mid-century theatrical conventions -- you can tell which lines were the scene-enders onstage. The themes are Holmes's unfulfilled desire for sons, his abiding love for his wife, and his thoughtfulness and moral decency as a Supreme Court justice. Episodic and on the slow side, it has a civics-lesson mustiness, and yet it's satisfyingly sincere; the earnestness that MGM so often lent to its Americana works in its favor for a change. Calhern's performance is a model for aspiring actors, and he's matched at every step by Harding, who strikes unusual notes of fire and resolve in the standard behind-every-man loving-spouse part. Not a showy or brilliant movie, but a thoroughly satisfying one.

First, the casting of Lewis Calhern as Oliver Wendell Holmes and Ann Harding as his wife, Fanny Bowditch Holmes, is perfect together. The film is set around Holmes' life as a Supreme Court Justice with the late Louis Brandeis who was the first Jewish member of the supreme court. The film is first rate and the script could use a little work. This film is an example of old Hollywood at it's brilliance with class, style, and a terrific cast and crew. The film's historical basis allows the story to be told easily. You can't help but enjoy Harding and Calhern on the screen as a loving couple. They don't make such high quality films anymore where it's character driven. I watched this film this morning and I couldn't take my eyes off Calhern as he played the late Oliver Wendell Holmes nor Ann Harding as his wife. The film is a perfect example of what thrived in Old Hollywood in it's golden era. It's never recovered from days where veterans like Harding and Calhern and many others worked five films per year.

Louis Calhern was a good all around actor. Besides playing villains like De Villefort in THE COUNT OF MONTE CRISTO opposite Robert Donat, he played comic villains against Wheeler and Woolsey in DIPLOMANIACS and "Ambassador Trentino" against the Marx Brothers in DUCK SOUP. He had vast stage background, and Vincent Minelli used him as an adviser in THE BAND WAGON in staging the sequence of OEDIPUS REZ with Jack Buchanan as Oedipus, and as the voice of Lana Turner's famous actor father in THE BAD AND THE BEAUTIFUL. He only had one lead role in any film he appeared in - it was as Mr. Justice Oliver Wendell Holmes in THE MAGNIFICENT YANKEE. He had been appearing in it on Broadway, and MGM bought it for him to star in as a reward for all of his great journeyman work. It is for that reason that his stage performance was preserved.

I can't say if it is his greatest role. His moment of truth in THE ASPHALT JUNGLE is far more gut wrenching, but he shares the honors with Sterling Heyden, Sam Jaffe, Jean Hagen, Marilyn Monroe and the rest of the cast there, not to mention the direction of John Huston. But his is a steady, likable, and intelligent Holmes (who ages from 61 to 91: he was on the court form 1902 - 1932). He is not shown to disadvantage - the typical problem of "classic biography" from Hollywood's golden age. A biography in that period showed the basic achievement of the hero or heroine, but none of the bad points of their characters: Henry Stanley in STANLEY AND LIVINGSTON is shown as the brave and determined reporter/explorer who finds Livingston and is converted to his attempt to bring Christianity to the continent - actually Stanley would be a great explorer, but helped exploit the natives for profits. Thomas Edison is shown as the great inventor in EDISON THE MAN, but they fail to discuss his patent fights and his stealing credit from some of his co-workers (or employees).

In Holmes case they do not mention BELL v. VIRGINIA, where he supported sterilization for idiots ("Three generations of idiots is enough!"). Fortunately that moment is captured by Maximilian Schell in JUDGMENT AT NUREMBURG, when he reads part of Holmes decision (not a dissent, by the way, but the decision) to show Nazi policy on sterilization was common in other countries. Another odd decision was one where Holmes came out in favor of a state statute allowing peonage to pay off debts. He could make peculiar decisions occasionally.

But most of his famous dissents are the ones we do recall him for. He and Brandeis would craft the law of the middle and late 20th Century with their dissents to the predominantly conservative brethren. Oddly enough not all the dissents by Holmes are always "liberal" in spirit either. In 1904 Theodore Roosevelt was angered when the court's decision in the "NORTHERN SECURITIES" Case that destroyed a railroad monopoly was met with a dissent by Holmes, who could not see how the creation of a large holding company proved to be an interference with commerce as envisioned in the Sherman anti-trust act. Most people probably feel that the decision by Rufus Peckham was important in helping destroy the use of business trusts in this country, but Holmes was willing to look into the reality of the situation. Roosevelt did not care for that, and suggested he could have carved a man with more backbone out of a banana (or a chocolate éclair, according to some accounts of the statement - it has also been attributed to former Speaker of the House Thomas Reed regarding President McKinley).

On the whole, though, the film is quite good in recapturing a great jurist's career. But I find it significant that since 1950 no other film biography about a Supreme Court justice has been made. We still have none about John Marshall, Earl Warren, Felix Frankfurter, Joseph Story. A television movie about Brown v. the Board of Education, starring Sidney Poitier as Thurgood Marshall, was made (Burt Lancaster was the lawyer for the Board of Education of Topeka, John W. Davis), but Marshall was not a justice on the court at the time. Henry Fonda appeared in a film about Clarence Gideon, GIDEON'S TRUMPET, but Gideon was the appellant in that case that helped determined the right to counsel in a criminal case. Cases could be subject to films, but not judges. I find that sad.

Calhern was nominated for an Oscar for best actor in THE MAGNIFICENT YANKEE, but lost to Jose Ferrer as CYRANO DE BERGERAC. But he got roles that were more in the quasi-lead rather than support category from then on, like THE ASPHALT JUNGLE, his money-man snared by his plans in EXECUTIVE SUITE, and his performance in the title role of JULIUS CAESAR. He was playing Col. Purdy III in the film version of TEAHOUSE OF THE AUGUST MOON when he died in 1955. He was in demand until the end of his career, which was the end of his life.

I caught this on Turner last night. I happen to be in the history business, in a way, and was surprised at how good this still was. Like most films-adapted-from-plays of the 30s and 40s, it never really transcends its stage origins, but I thought it dealt with the big issues of law, justice, morality, life and death in a way inconceivable in a politically correct age such as ours. We are much smaller people now. The conversation Holmes has with his wife while she lies dying in her bed is a masterpiece of really mature human communication, it's not sappy or sentimental, it's just heartbreaking in its honesty.

The Justice Holmes of this film was Oliver Wendell Holmes Jr., the son of the famous poet-doctor of the same name who wrote "Old Ironsides" and "The Autocrat of the Breakfast Table." The father and son are often confused. I was also delighted by Eduard Franz's underplayed portrayal of Louis Brandeis, the first Jewish justice on the US Supreme Court, after whom Brandeis University was named.

I didn't want this film to end, and will now look up the original stage play.