The Washington times., 1916-03-15
President Smith, Of Concern,
y Tells Of Suit for $1,000
4. 600 Against A. S. BigeIOw.
He GOT $4,000 HIMSELF
Received That Amount for TAX
Ing Charge Of Money for old
! Dominion Stockholders.

1ouis d. Brandeis received between
B71S,OOo and 1000 for prosecuting the
pufts of the Old Dominion Copper ana
Smelling Company against A. s. Bige-
low. which resulted in recovery OF
100000, according to Charles 3. Cmith'
prnaident- of the company, Mr.. smith
testified this morning before the Senate
subcommittee considering the fitness OF
Mr.. Rrandeis to sit in the United states
Supreme Court.
Mr.. Smith said that he, as trustee
r6r the stockholders OF the Old Do
nninaon Company. which was merged
with other interests to form a holding
nompany. received $4,000, and that the
arrangement for so compensating the
trustees was made by Mr.. Brandeis.
Tell us in plain English just what
you did as trustee to earn that $4,000 "
ksleed Senator Works.
'sweh, I had charge. with Mr.. Hoar.
Of about $3.50. Co.," replied Mr.. Smith.
Left All to Brandeis.
Upon further examination Mr.. Smith
raid this arrangement had been made
by M. Brandeis. and that all legal
affairs had been left with Mr.. Brandeis.
There were no negotiations or agree
knents as to what the fees should be?
nou left it all to Mr.. Brandeis. and he
nxed them arbitrarily" asked Senator
Works.
Mr.. Smith answered in the afnrma-
. Now you say Mr.. Brandeis was paid
300 000." inquired Senator Works. MT;
Smith explained that amount was PAID
Mt the conclusion of the suit, and that
other fees had been paid Mr.. Brandeis
from time to time bringing the total
sum paid him up to 225,OOO to $23O,OOO.
Up TO 1905, according to the witness,
no agreement had been made with Mr.
he had presented his bills.
In that year the question arose over
Mr.. Brandeis' fee. Mr.. Smith had a
conference with Mr.. Brandeis, he said.
regarding the charges and II was agreed
that Brandeis was to be paid sum not
Exceeding 6 per cent of a fund amount
Ing to 1000 which had. been set aside
for various litigations. Later, In the
Beoret profits from the Ofd Dominion
Company, Mr.. Smith said he had sug-
gested fee not to exceed 10 per cent
of the amount recovered.
"All this took place before the recov-
kry2" asked Senator Works.
yes and before It was known what
the recovery was TO- be"' replied Mr..
MI. smith Sald itnnt some OF the
amounts awarded in suits conducted by
PR Brandeis had not yet been col
iected and probably never will be. He
paid he and other trustees gave no
bonds. After persistent questioning by
Renator Cummins as to what the trus-
Tees had done, Mr.. Smith said they had
held the money for the stockholders.
."No Great Task"
What was no great task was it?'
asked Senator Cummins.
NO" replied Mr.. Smith.
Mr.. Smith said. there had been two
distributions of sums realized in suits
among stockholders and that there were
between $50 and 1000 stockholders In
each distribution.
Referring to the charges made yes
kerday that Mr.. Erandeis had suggest
ed keeping secret certain reports re-
garding property which the holding
company was considering taking over,
Mr.. Smith said that the, idea OF keep
ing the reports secret was his own and
not Mr. Brandeis. lie said he believed
In giving full Information to stockhcld-
ers. bur that the reports in question
would have been misleading
torney. who had previously testified
took the stand t. give further details
OF Mr.. Brandeis connection with this
estate of s. d. Warren.
Mr.. YounEman gave further evidence
In an effort to show that Mr.. BRANDED.
had never. made ar inventory OF this
estate and presented 1t to the heirs
that the personal property involved had
never been appraised. and that Mr.
Brandeis had never rendered state
ynent of his services to justify the col
lection of fee Of about $4,000 -