Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-07
ACCUSES BRAN[|[|S
l|[ BEIRAY|NG 1R|)S1
; MISSIONER rhoNNR RlGNBsl
rToRNEv IN BRiEP Dgpo1xR
COMMERCE BoAAn.
COMMISSIONS SPECIAL
COUNCIL ARRAtoAep
'her"s oso'arss Question ef Aasssesy
Of Railroad Income 10 One Fer Gem.
mission to Decide and Not Fer Lsw.
yer to Exprsss an 0pinlon-Dran nds,o
surprisss All by Attitude.

washington. May 7-The Interstate
commerce commission had before IL q.
day u supplemental brief aled by Clif.
'ord Thorne. representing the w~stsrn
railroad commissions before that h,dv
IN 'he ADVANCED rate case In which he
bitterly arraigned Louis y, Brandei.
special counsel for the commi.aion.
VINO, In his closing argument IN YhA
case last Friday stated that 'on tha
whoie the net income. the net operat-
ing revenues OF the carriers in official
classification territory. are smaller
than is consistent with their Assured
prosperity and the welfare OF the
com munity."
Rspudiatss 6randsis cIaI,ra
Mr. Thorne asserts that Mr. Brandeis
commenced his argument before IN.
commission "oonoedins the position OF
the carriers" On behalf OF those WHOM,
he represents Mr.. Thorne says he .1p-
pudiates In unqualified terms. tho oon-
cession made by Mr.. Brandsis In hin
closing argument. He says that had
| he known Mr.. Brandeis was actually
going TO take UP tho railroads side OF
the particular question for dfsouaafon
| as to the adequacy Of the revenue Al :
whole. l should certainly have asked
that he be purged along with the rail.
| road counsel before made my arsu-
ment."
Question For Commission.
MIR. Thorne. after referring to- the
question the commission has hese:s it
In the cass. sayS:
This commission itself has Z ~.
sponstblltty TO discharge In detsemin-
! ing the adequacy OF railroad revenues
| within official clossification taYrttory
that is not met by an opinion or con-
clusion announced by special counsei.
This duty Is one solemnly placeti on
you by our national government: Andsis
is one you can not and have not at.
| tempted TO delegate to Mr.. Brandeis. a
| The special counsel was invited to
emphasize any aspect OF the case de-
| serving emphasis but his duty was to
| present facts and not opinions"
| Brandsis Usurps Power.
! "1n spite OF this specific instruction
| the said special counsel exceeded all
the bounds OF propriety In the premises
and practically usurped on the only
question finally submitted at the tirnc.
| and furthermore he specifically advo-
| Gated q particular theory for the dts
| position OF the case.
furthermore and far more Inn
portant than any other fact here stated
| he announced said conclusion without
! presenting any facts or reasons in
either oral or written argument on
basic questions necessarily involved in
arriving at such a conclusion"
Mr. Thorne adds that inusmuch A.
Mr.. Brandeis' opinion is not supported.
! the commission should not give any
weight 70 It.
! Mr.. Thorne then refers to the ''un.
| pardonable" attack of Mr. Brnndeis on
| the surplus he (Mr. ThorneJ had ale
| lowed
Reflection on Commission.
| THAT surplus to which Mr., Rrandeis
! applies tho epithet 'nigardly'" he said.
! was precisely the surplus adopted
| after careful consideration by the
| unanimous action OF the commission In
! the former advanced rate case. Mr..
| Rrandeis attempts to brand that sur
| plus az "niggarClly without giving the
! slightest argument reason or fact In
support or his claim. some OF the COM
! panics are earning more than 20 per
! cent In dlvidents and surplus OF their
! capital stock after all other charges
! are paid. Not word appears thruout
| the entire trief or in oral arguments In
| favor OF reducing their surplus earn
inss."
| Mr. Thorne adds that the commission
! can not hold the revenues OF the car
riers affected Inadequate unless IL re-
verses the principles established In its
! former opinion.