New-York tribune., 1911-11-26
Cotton, Rockefeller Attorney,
Objects to Testimony.
STANLEY GETS PROTEST
Refuses to Strike Martz's Testi-
mony Out of Steel Investigat-
ing Committees Record.

Duluth. MINI. Nov. 25.-Denyng as an
unqualified and malicious falsehood' the
testimony given recently by G. II. Martz
before the committee investigating the
United States steel Corporation. Joseph B.
Cotton. OF Duluth. attorney for the Rookie
fellor interests on ghe Iron Range and
formerly attorney for the United States
Steel Corporation, to-day teleGraphed
statement 90 Representative Stanley, chair
man Of the committee.
Martz testified that he had been ordered,
as chief engineer. 10 pad the cost OF
building the Duluth Missabe & Northern
Railroad, alleging that George w. Murray
and Joseph +. Cotton, then attorneys for
the road. had issued the orders Failing to
obey these orders, Martz testified, lie was
removed within year.
Mr. Cotton saws he regrets Chairman
Stanley on his visit to Duluth did not take
sufficient time to get the truth and the
whole truth. and that official position does
not clothe any one With authority or right
10 bring about or be the cause of injustice
or wrong to any citizen In his statement
Mr. Cotton says:
Nv attention has been called TO the re-
ports Of recent testimony OF one L. H.
Martz before your honorable conhihttteS.
I'm the interest of justice ! hereoy nouIy
Won that any statement by said Mart2
before your committee that either George
w Murray or l ever requested or ADVISED
or required MaTtZ to pad or increase the
Valuations or estimates OF cost or cost OF
reproduction Of the Duluth, Missabe a
Northern Railroad is an unqualified ana
malicious falsehoOd.
Permit me TO add that Mr. Martz was
the chief engineer Of the Missabe Railroad
until April 1893, when he was removed
by the management for incompetence
Only two proceedings were ever lUSu-
tuted attacking the ore rates Of the Mis-
sabc and Duluth < Iron Range railroads
and these were brought before the Mime
sofa Railroad Commission. The first was
begun April p 1898, by John c. Brown
and others. These complainants were mine
owners on the line Of the Iron Range
railroad and the principal attack was
against that railroad, although any order
made as TO il would equally have affected
the Missabe NOluminous testimony was
taken ar Duluth, St Paul, Cleveland, chi
cagO and elsewhere. The compl4nants
employed and used competent and expert
cuced railroad engineers real estate ana
other experts. In addition 10 their regular
engineering departments. both railroads
employed outside railroad engineers, real
estate and other experts, and had other
competent witnesses.
one Of the principal questions involved
was the cost Of reproducing the railroads.
docks rolling stock and equipment as OF
the time of the suit, not their original
The estimates OF cost. Oi IcpTOuOC-
tion Of tho Mssabe we're prepared and
were Concurred in by said Msrtz, and, sup
porting these estimates, the MlSSaDe had
various expert witnesses. After hearing
lasting nearly all summer the case was
voluntarily dismissed by the complainants
November 26. 1895.
While il Is apparent that substantially
none Of this weeks testiimony has has am, any
committee. | must insist that the record
of tho proceedings be corrected in accord
an1ee with the facts, 10 the end that the
falsiry Of the MartZ testimony shall not
stand unchallenged.
Cotton refers to Marta as "a disgruntled
discharged employe. obviously seeking
cheap notoriety." and says in conclusions:
Please file this telegram. with your COM
mittee. and. if further testimony is taken
and the Martz testimony is not stricken
out or corrected. / demand an opportunity
10 show its utter falsty."
Washington. Nov. g-Representstive 20
Stanley received the telegram Of protest
against c. H. Martz's testimony from
Joseph B. Cotton to-day'and after con-
ference with Representatives Beali OF
Texas. and McGnlicuddy, of Maine, made
the following reply
exceedingly regret that j ON not per
uitted to place your telegram upon the
records Of this committee which contain
only the sworn testimony of witnesses. No
injustice will be done in this matter, ana
as YOU indicate a desire 10 appear ana
mako "a full statement under oath, this
committee will be pleased 60 hear you.
The chairman desires TO ascertain ohlS
the simple truth. and exceedingly regrets
that during his sojourn i'm Minnesota ne
was net cognizaut OF the existence OF Mr;
cotton nor was he advised that he desired
a. tell the truth about the matter.
Nr NartZ was an unwilling witness be-
forc this committee. and came only when
on not he would obey It's process. His tes-
timony will not be stricken from the rec
era. nor viii 10 be revised or eNpurEated in
any WV Millnuf hiR mi consent.