Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-02-09

Washington, Feb. .. - investigation
Louis D. Brandeis, Of Boston. to the su-
preme court bench, was begun today
by a senate sub-committee. which hrst
heard Clifford Thorne. chairman Of the
Iowa board Of railway commissioners
who was associated with Mr.. Brandeis
in the fight against giving eastern
railroads increased freight rates.
Mr. Thorne assailed Mr.. Brandeis'
conduct in that case.
II believe the nominee before this
committee was guilty of infidelity, OF
breach Of faith and of unprofessional
conduct in connection with one OF the
greatest cases of this generation" he
said.
Mr. Thorne charged that Mr.. Bran
dels. as an attorney appearing for the
shippers. conceded that the rate return
to the railroads was inadequate, and
that Mr. Brandeis in his opening oral
argument to the Interstate commerce
commission conceded that the returns
were inconsistent with. the prosperity
OF the roads. .s
Attitude Dumbfounds.
II was simply dumbfounded." de-
olared Mr.. Thorne.
At the beginning of the hearing the
sub-committee voted down proposal
to have the full committee hear the
case. That Was regarded by some M
victory for Mr.. Brandeis, on tha ground
that the sub-committee waa favorable
and the fun COMMITTEES was hostile. This
full committee, however, Wall act on
the sub b-committee's report, and sena-
tors who are not on one side or the
other professed to see nc particular
significance In the action.
Thorne First Witness.
Mr. Thorne was the first witness to-
day. He told OF his connection with
shippers and state railroad commits
sioners' organization opposing in
creased freight rates before the inter-
state commerce commission In 1910
hand 1918. He said he was first asked
to participate in the 1913 case by Mr..
Brandeis. Mr.. Thorne declined but
| later agreed when Mr.. Henry Martin,
| Of Kansas, withdrew from the case
to become vice governor Of the Philip
| pines.
The interstate commerce commission,
he said, Indicated that the Fundamental
question to be determined was:
Are the railroads entitled to moro
revenue. and If so. where shall the
| revenue be secured?"
6randeis Guilty Of Infidelity.
Then Mr.. Thorne stated that his
appearance before the commission was
| not at his own instance but at the re-
quest OF Chairman Chiffon.
q H.
it appears to me-" MIR. Thorne de-
clared. TN the first place, I believe
the nominee before this committee wa.s
guilty OF infidelity. of breach Of faith
and of unprofessional conduct in con-
nection with one of the greatest cases
| Of this generation.
TN the second place. in an open
| court hearing. while acting ms special
counsel, Mr.. Brandeis committed him
self to the proposition that the net
return of 7h per cent above oil ex-
penses, all interest on debts, on capi-
tai stock OF railroads was inadequate,
or to use his own word negligible,
This had been held adequate by the
commission in 1910"
Summarizes Big Case.
Mr.. Thorne said he was uncertain
began a summary OF the big cases.
Mr. Brandeis characterized his tes-
timony as wonderful and suggested
1t he published at once. Mr. Thorns
said he suggested that Mr.. Brandeis.
In view of his intimate relations with
Senator LaFollette, might get the
testimony printed as n public docu-
ment.
MIR. Thorne interrupted to say that
in the lsi0 sas. Mr.. Brandeis had
limited his activities to showing .1f
the railroads are entitled to more
| revenue. how shall it be secured? ?"
Returning to n description Of his
testimony, he declared he was con-
gratulated upon 1t by attorneys and
| representatives Of many interests.
Mr.. Brandeis and he participated In.
cross examination of railroad wit
| nesses, and their relations were most