Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-02-10
THORNE CHARGES
BRANDEIS GUILTY
OF INFIDELITY
Iowa Railroad Commissioner is the
First Witness in Senate Com
mittee Hearing on the
Nomination.
CALLS IT BREACH OF FAITH
Says Attorney for Shippers Con-
ceded Main Point in Case in
His Argument.
GREATEST CASE OF GENERATION


WASHINGTON. Feb. S.---Investi4
cation OF President wilson's nom
ination OF Louis d. Brandeis OF Bos-
ton 20 the supreme court bench was
begun today by senate sub-com-
mittee, which first heard Clifford
Thorne chairman of the Iowa board
Of railroad commissioners, who
was associated with Mr.. Brandeis in
the fight against giving the eastern
railroads increased freight rates
Mr.. Thorne assaIled the conduct OF
MIR. Brandeis in that case.
81 believe the nominee before
this committee was guilty of infedii-
ity Of breach OF faith and OF unpro-
fessional conduct In connection with
one OF the greatest cases OF this
generation" he said.
Mr. Thorne charged that Mr.. Brandeis.
as an attorney appearing for the shippers.
conceded that tho rate return TO the rail-
roads was inadequate and that Mr..
Brandeis, IN his opening oral argument to
the Interstate Commerce commission con
ceded that the returns were inconsistent
with tho prosperity OF the railroads and
welfare OF the public.
Il was simply dumbfounded," de-
clared MIR. Thorne.
At the beginning Of the hearing the sub
committee voted down a proposal 60 have
the full COMMITTEES hear the case. That was
regarded by some as first victory for
Mr.. Brandels on the ground that the sub
committee was favorable and the full
committee hostile The full committee.
however, Will act on the sub-committee
report and senators who are not on one
side or the other professed 90 see no
particular significance in the action.
y Mr.. Thorne's Teutimony.
Mr.. rhorne told OF his connection with
ahippers and state railroad commission
ers' organizations opposing increase IN
freight rRtes 10 the eastern roads before
tie Interstate commerre commission in
4 aei9 ana ipial lie said ne was first asked
4 3tosspartiolpato 'in1tne fol3 chs0-py AIE
Etnrdeis. Mr. Therne declined. hut later
agreed when Mr.. Horny Martin OF KAN
sas withdrew from tho case 20 become
vice governor OF the Philippines
Tho Interstate Commerce commission,
he said. indicated the Fundamental cues
tiOn to be determined was;
Are the railroads entitled TO more
revenue and II 40. whore shall the rev.
enue be securedg'
Then Mr.. Thorne stated that MIA ap-
pearance before the committee was not
at his own instance, but at the request
OF chairman Chiffon.
AT the outset two facts stands out.
Il appears 20 me- Mr.. Thorno declared.
In the first place believe the NOMINEES
before this COMMITTEES was guilty OF in4
ndiiity. OF breach OF faith and OF un-
professional conduct IN connection with
one OF the greatest cases OF this genera-
tion.
I'm the second place. In open court
hearing, while acting as special counsel,
Mr.. BrandeiA committed himself 10 the
proposition that the net return OF 7is
per cent obove all expenses, all interest
on debts. on capital stock OF railroads
was inadequate. or 70 use his own woed
negligible. This had been held ads.
Guate by the commission in lsio.''
| Renews ala Rate Cases.
Mr.. Thorne said he was uncertain how
far he should go into details, but began
a review Of proceedings in the big rate
cases, Mr.. Brandeis. he said. character
lied his testimony as wonderful" ana
suggested II be published at once no the
public could sec the other sldo to the
question. Mr.. Thorne said he susgested
that Mr.. Brandeis. in view OF his inti-
mate relations with Senator La Toilette,
might get the testimony printed as q
public document.
Mr.. Thorne interrupted his narrative
to say that in the 1910 case Mr.. Brandels
had limited his activities to showing 'if
CONTINUED on Page Two. Column Two.)