Omaha daily bee., 1916-02-10
THORNE CHARGES
BRANDEIS GUILTY
OF INFIDELITY
CONTINUED from Page onel


the railroads are entitled 70 more
revenue. how shall Il bo secured?"
Returning 10 description Of his testi-
mony. he declared he was congratulated
upon II by attorneys and Representatives
OF many interests. MIR. Brandeis and lie
participated, IN cross examination OF
railroad witnesses, and their relations
were most friendly"
During the progress OF the case Mr.
Thorne said two attorneys sought 70
show the adequacy OF the railroads reve-
nue. as whole. but the clients Of both
compelled them 10 abandon that course.
He read from Brandeis' brief 10 show
Mr.. Brandeis knew two points were be-
fore tire commission for consideration.
first. adequacy OF the revenue. and. Soc
ond. II inadequate. how additional reve-
nue. could be secured.
Brandets Arranees 20 cIose.
When Il came time for oral argument
OF the 1918 case. Mr.. Thorne said Mr..
Brandels outlined 10 him how the argu-
ments would be made.
'Mr. fsrandeis said TO me-" said Mr..
Thorne, l'in substance this: You and l
have tried 70 master this case as a whole.
the representatives Of the shippers are
chiefly interested IN fhir specific commo-
dities and have talked II over with
Chairman Harlan. II II the desire OF the
commission that you open the arguments
for the public ana will close. Hetwene
will como the other arguments. the rail-
roads opening and closing the whole
case. said 70 Mr.. Brandeis that II
would be impossible for mo 10 open ~
that time because was physically un-
able. and also that I wanted 70 follow
the attorneys for the shippers, ! was
afraid that men interested In special COM
modities might be tempted 70 eoncede
tho main Issue that the railroads needed
more revenue. but that Il should not
apply 10 their particular commodity.
mt Brandeis misunderstood the pur-
port OF my request and thought wa
DESTROYS Of replacing him. He said that
could make my opening statement and
an additional argument after the shippers
said only wanted 10 mako one argu'
ment. Then he said, Very well. wei
leave Il TO the commission whether yot
| or I shall close assured him had nc
Desire 20 replace him. that ! was not Z
particle afraid OF him. but of persons
| Interested IN particular commodities
Then he said no thought he could ar
range for me 10 follow the shippers, and
he did 60"
When he first received a copy OF Mr.
Rrandeis' brief Mr. Thorne said he was
surprised 20 find nothing IN II about the
adequacy Of rates. lie asked Mr.. Bran
dels what his position was to DO ana ths
latter responded he believed some OF tbs
roads were not earning enough money
and ne thought conditions were unsatis
factory In Ohio. Michigan and Indiana
Real Point iR Case Conceded.
AT the opening OF Mr.. Brandeis' ora
argument he made this statement" be
gan Mr.. Thorne reading from the record
ON the whole the net income and ne
operating revenue In official classified
tion territory are smaller than are con
siatent with the prosperity and the wei
fare OF the public and conditions are bai
! IN Central association territory and ais
other roads because Of the Central as
ISOLATION scales.
Il was simply dumfounded by the state
/. nent" declared Mr. Thorne. For fou
years the railroads had been fighting
, establish that before the Interstate Con-
meFce commission. They mad carried o
a nationwide propaganda In newspaper
, magazines. speeches and In every cor