The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-05-07
Big ROW ON AMONG
RATE INCREASE FOES
State Commissions Rcpudiate
Erandeis for Aiding
Railroads.
SAY HE uSURPED POWER
Appeal to Interstate Board for
Chance to Answer Their
Own Counsel.

WAsHISGroN May 6.--The attorneys
who have been most prominent In OPP
posing the per cent. advance In freight
rates are In big row and the trouble
mas reached a point where they are openly
making accusations against each other.
Clifford Thornc, representing the rail-
= road commissions of several Western
states and one of the chief professionals
against the proposed Increase. specifically
repudiates Louis u. Brandeis. special
counsel for the commission. as a spokes-
man for the shippers. lie charges that
Mr.. Brandcis In his closing argument
instead of representing the shippers prac-
tically conceded the contentious OF the
carriers for an advance.
Thorne objected To Brandeiss statement
that ION the whole the net income and
the net operating revenues of the car
riers In official classification territory are
smaller than Is consistent with their as
sured prosperity and the welfare of the
community"
Mr.. Thorne's attack on Brandeis was
died in the form OF "A supplementary brief
with the Interstate Commerce Commits
sion.
The brief. which was made public late this
afternoon. created something OF SEN
sation. as Mr.. ThorIc and Mr.. Brandeis
have until now been inseparable In their
presentation vi the case " tnt
sion.
Railroad attorneys here express the
opinion that the view taken by Mr..
Thorne and his attack on Mr.. Brandeis
indicates that the latter's views reflect
those OF the commission In the case more
certainly than was at first thought.
Duty Of Commiasion.
After referring to the questions which
the commission has before II In the case
Mr.. Thorne's brief says:
This comm ss'on itself has n rsspon-
sihiiity to discharge In determining the
adequacy OF railroad revenues within
official classification territory that Is not
met bv any opinion or conclusion an
nounce d by speoia, counsel. This duty Is
one solemnly placed upon you by our
national Government and II Is one that
YOU cannot and have not attempted TO
delegate to Mr.. Brandeis.
THE special counsel was invited 10 e'n
phasize any aspect OF the case deserving
emphasis: but his duty was to present
facts and not opinions. The said special
counsel was requested in the language
Of the communication from the commits
sion addressed to him:
"'To undertake the task OF seeing that
all sides and angles of the case are
presented of record without advocating
any particular theory for its DISPOSE
tion.'
HE accepted employment under these
terms.
I'm spite of this specific instruction the
said sp.cia, counsel exceeded all bound =
OF proprety in the premises and prac,i-
cally ursurped the functions of the COM
mission. announcing an opinion or con-
clusion on the only question finally sub
mitted at the time and further he specifi-
cally advocated a particular theory for
the disposition of the case.
''Furthermore and far more important
than any other fact here stated. he an
nounced said conclusion without present
ing any facts or reasons in either oral or
written argument on basic questions
necessarily involved in arriving at such a
conclusion.
Usurped boards Power
.This commission certainly has not
delegated to the special counsel the task
OF determining whether or not the present
revenues OF the carriers are adequate.
That is "A task for the commission TO per-
form.
His function was to present all the
facts and arguments bearing upon the is
sue, not his conclusion or opinion. And
in 60 far as that opinion OF his when
given is not supported by substantial
reasons that opinion should not have any
weight with this commission"
Mr.. Thorne. referring to Mr. Brandes' $
statements with regard to the figures
which were presented by Mr.. Thorne,
says:
. "As an honest public servant, seeking
simply to do justice by all. with record
of fairness in office In which ! take great
pride, l resent most bitterly the unpar-
donabie attack made by Mr., Brandeis.
"What a most delightful and pretty bit
of argument from the railroad standpoint.
4 second Daniel, indeed a second Daniel,
well worthy that distinguished ancestor
~ our modern advocate for the people =
side In the greatest controversy of the
present generation"
Thorne represents the State Railway
Commissions of Iowa. Kansas, Missouri,
Nebraska. North Dakota. South Dakota
and Arkansas.