 In "Government v. Springer", Malcolm refused to affirm the law that granted the Senate President and Speaker of the House the right to vote shares in a government corporation, citing that such authority did not fall within the functions of the legislature.Malcolm's opinion would be affirmed by the Supreme Court of the United States upon appellate review, 277 U.S. 189 (1928), though the dissent therein of Justice Oliver Wendell Holmes, Jr. proved more memorable in time, with its eloquent pronouncement that ""[t]he great ordinances of the Constitution do not establish and divide fields of black and white.Even the more specific of them are found to terminate in a penumbra shading gradually from one extreme to the other.""