Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-12-18
DEN|ESMARTz'STALE
Cotton Says He Did Not Try to
Have Report FaIsified.
COST OF DULUTH ROAD
~"s -~-+- = F=sS-..e 81 !. = IS
Accused of Wanting Wrong valua-
ton Given,
BRINGS COPIES OF RECORDS
Tells Steel Committee. He Has Come
From California to Defend His
-" Professional Integrity. =
COST OF DULUTH ROAD
BRINGS COPIES OF RECORDS

Joseph b. Gotten. a. lawyer OF Duluth,
Mimi. appeared hefore the Nanteyf steel
investigating conImsttes tansyNnd char.
acterized .as false the tssfisneHy given be-
fore the committee some weeks ago by
Charles III. Martz. the man who built the
Duluth. Mesaba and Northern railroad
and was for some years it's chief engi-
neer. Mr.. Martz charged that Mr.. Cot
ton. as counsel for the road and for
Rockefeller interest. which acquired it
from the Merritt Brothers of Duluth.
urged him to falsify a report as to the
cost of the road, so that this report could
be laid before the Minnesota warehouse
and railroad commission, which at the
time. Martz said, was inquiring into the
RESPONSIVENESS of ore rates the Du-
luth, Mesaba and Northern and the Iron
Range railroads
MI Martz alleged under oath before the
committee that Cotton wanted him to fig
ure the cost Of the Duluth road as not
less than $o,O0O.OOO. when. as a matter Of
fact, it didn't cost s2.OOO,OOO to construct
Denies Martz's Charges.
Mr.. Cotton came to town today armed
with official copies Of all sorts of papers
and records bearing on Martz's charge
and tending to disprove 1t. He started
out by declaring without equivocation that
Martz never made any such report as
that he spoke of in his. TESTIMONY that
he was never asked to make such a re-
port and that no mention Of any such re-
port could he found in the proceedings
before the Minnesota warehouse and rail-
road commission. which,, on q complaint
by private parties. and not of its own in
itiative. as Martz alleged. had inquired
question. Moreover, Mr.. Cotton directed
attention to this fact, as bearing upon
the issues raised by Martz, that the COM
mission had dismissed the complaint al
leging that the ore rates on the two roads
were unreasonable.
Before Mr.. Cotton began his testimony
this morning Chairman Stanley accorded
permission to George Wildwood Murray,
who Is attending the hearings as persona,
counsel for John d. Rockefeller, to act as
Mr.. Cotton's counsel also. Mr.. Murray
was general counsel for the Duluth, Me-
saba and Northern when Mr.. Cotton was
It's attorney and when the incidents FORM
ing the basis of today's hearing were ale
legged by Martz to have taken place.
Here From California to Testify.
THE question before tine committee to-
day." said Mr.. Cotton in a preliminary
statement, lis one personal to me and
affecting my professional standing and
integrity. / have come here from Pasa-
dena, Cal, at my own expense to testify.
would like to have permission to make
my statement in narrative FORM
you can make it any way you wisf,''
Chairman Stanley responded Il may say
/ highly approve of your course in COM
ing here to defend your personal and pro-
fessional integrity. l cannot understand
how any man of honor whose integrity
and honor are questioned could do other
wise"
Mr.. Cotton then told the committee that
he had practiced law in Duluth since 1883.
and that from 1893 untih10O9 he has acted
either as attorney or general solicitor of
the Duluth, Mesaba and Northern rail-
road.
II knew that road from its inception"
he said. land 1 saw the first train run
over it in 1888. During those sixteen years
only two proceedings were commenced
involving the reasonableness of the ore
rates. which remained at eighty cents
ton for years until recently. when. the
United States Steel Corporation an
nounced a cut to sixty cents. .a,.a
Then Mr.. Cotton went on to tell the
committee that the only proceeding
brought during MartZs service as chief
engineer of the road was in 1898. and
was not initiated by the warehouse
and railroad commission, but by pri-
vate parties owning mines along the
Iron Range railroad. and that the
suit was directed principally against
that road.
Alleged Report Never Made.
But we realized that the suit would
be fought bitterly" said Mr.. Cotton.
land the roads worked together in all
departments to prepare for the fight
This alleged report mentioned by Martz
as having been inspired by me, fixing
false valuation on the Duluth. Me-
saba and Northern, was never made,
never received in evidence, never in
| the record before the commission and
never in any court proceedings"
| Mr. Cotton then filed with the commit
tee a certified transcript of the record In
| the proceedings before the commission to
prove his contention that Martz had not
| told the truth. He also mentioned that he
had brought to Washington with him A.
A. Harrington. official reporter OF the
eleventh judicial district of Minnesota.
who had taken the testimony in the case
and was also ready to testify against the
| statements of MartZ.
| THE evidence is overwhelming" said
| Mr. Cotton, land doesn't depend on my
such report to the commission or ANYBODY
| else
| Mr.. Cotton went on with his story, i'm
proving every opportunity to declare that
MartZ had testified falsely.
Counsel Murray Rebuked.
Chairman Stanley and George Wildwood
Murray became involved i'm controversy
that enlivened the hearing Seated beside
1.-THE witness, Mr. Murray repeatedly