The Barre daily times. (Barre, Vt.) 1897-1959, 1916-02-10
Clifford Thorne Charges
Him with inf
deity
AND BREACH OF
FAITH IN ONE CASE
The Western Rate Case Is
Aired in De-
tail

I Washington, Feb. Enquiry into tn
nomination of Louis d. Brandeis of Bos
ton to fill the vacancy on the suprem,
. court bench caused by the death of Jus
tice Lamar, was begun yesterday before
a subcommittee of the Senate judiciary
committee.
A number of witnesses, all protestant'
against Mr.. Brandeis' nomination, were
on hand ready to testify.
The committee later will consider mum,
erous petitions from individuals and or
CARNATIONS urging confirmation, which
are before it.
Because OF the widespread interest in
the nomination, the committee decided
to hold public sessions. So far as known
it is the first instance in which such a
nomination has been inquired into ex-
cept behind closed doors.
Witnesses summoned to testify in
cluded Clifford Thorne of the Iowa rail
road commission; S. w. Winslow, presi-
dent United Shoe Machinery company;
P. J. Lennox, James j, Storrow and c.
w. Baron, Boston; Thomas G. Spelling,
New York; Joseph NJ. Teal, Portland,
IOre.; and Lieutenant Governor John M.
IEshleman, California.
Mr.. Thorne was the first witness. He
told of his connection with shippers and
state railroad commissioners organiza
tions opposing increases in freight rates
to the eastern roads before the interstate
commerce commission in 1910 and 1918.
He said that he was first asked to par
ticipate in the 1913 case by Mr.. Brandeis.
! Thorne declined but later agreed when
Henry Martin OF Kansas withdrew from
the case to become vice governor of the
| Philippines.
/ The interstate commerce commission.
he said, indicated the fundamental ques
| ton to be determined was;
Are the railroads entitled to more
revenue, and If so, where shall the rev
enue be secured =
Then Mr.. Thorne stated that his APP
pearance before the commission was not
at his own instance but at the request
of Chairman Chiffon.
AT the outset two facts stand out,
it appears TO me-" Mr.. Thorne declared.
I'm the first place | believe the nomi
nee before this committee was guilty of
infdelity OF breach of faith and OF un-
professional conduct in connection with
one of the greatest cases OF this genera
ton.
"In the second place, in open court |
hearings, while acting as special coun-
sci, Mr.. Brandeis committed himself to |
the proposition that net return of ~ |
per cent above all expenses, all interest I
on debts. on capital stock OF railroads, /
was inadequate, or to use his own word, /
negligible? This had been held adequate \
by the commission in 1910"
Mr.. Brandeis and Mr.. Thorne partici-
pated in cross examination OF railroad /
witnesses and their relations were most
friendly"
when he first received copy of Mr..
Brandeis' brief summing up the rate
case, Mr.. Thorne said he was surprised
to find nothing in it about adequacy Of /,
rates. He asked Brandeis what his posi-
ton was to be and the latter responded
be believed some of the roads were not
earning enough money and he thought
conditions were unsatisfactory in Ohio,
Michigan and Indiana.
AT the opening of Mr.. Brandeis' oral
he made this statement" be
z p.
ord:
"'On the whole the net income and :
net operating revenue in official CLASH /,
ation territory are smaller than are !
consistent with their prosperity and the ;
welfare of the public and conditions are ,
BAD in central association territory and :
llso on other roads because of the GEN. !,
raj association scales
II was simply dumfounded by the !
declared Thorne. For four :
rears the railroads had been fighting to !,
stablish that before the interstate com !
nerce commission. They had carried on !,
nationwide propaganda-in newspapers, :
speeches and every conceiv- T
BILE manner; | am not saying dishon a
silly.
Il was dumfounded TO hear at the :,
onclusion of this great case, involving !
50,000,000 annually, interest on a bill ii
ION dollars-if you adopt the standard 4
{ dollars and cents, the greatest case ;,
yer tried before a human tribunal since /
he dawn of civilization-to hear counsel !,
oncede the very point at issue at the d
me the case was set down for argu- =,
lent" o.
possible Score for Brandeis. n
At the beginning of the hearing. the u
Ib-committee voted down a proposal to II
ave the full committee hear the case. Il
hat was regarded by some as first
ictory for Mr.. Brandeis. on the ground >,
rat the subcommittee was favorable =,
nd the full committee hostile, The full n
'mmittee. however. will act on the sub. y.
,mmittee's report and senators who are n,
ot on one side or the other professed ii
see no particular significance in the =
,tion. =
Villa the Fugitive. -