Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-15

|DnHVUIIO Wlu1UDO
TARGET OF ATTACKS
CONTINUED from First Page)
pensation for his services in the first
two or three years amounting to Vs.
900 to 100000; F'iske Warren from
sac. 900 to $4,000. and they. with Mason
within nineteen or twenty years. re-
cefved for their services approximate.
" s2,000, 900. A bill Of equity was filed
in the Massachusetts, courts alleging
that this was twice as much as couio
fairly be charged. 1t appeared on the
hearing that Mr.. Brandeis had acted as
counsel for the lessees and also Tor the
lessons and for many years nad the
trust and confidence OF all pene-
ficiaries.'
Settled Out Of Court.
A suit growing out Of dissatisfaction
of some heirs. Bailey said. was settled
out Of court.
ut appeared" he continued. that as
a result of a provision in the lease, by
which Warren personally with his as
sociates was bound to make repairs
and that Warren as trustee was bound
Considerable sums had been charged
to the additions or improvements &C,
count that should have been charged
to the repair account. Our charge was
that Mr. Brandeis as 'a t%is t, nor re.
tired from the law firm. was instru-
mental in making the plan for conducting
the business; that he wrote an opinion
for the benefciaries holding that tne
plan was legal, protected them from
the individual liability as partners and
was a proper arrangement.
"None of the beneficiaries had other
counsel until 1903. when Edward warren
whom I became associated about 1910.
MI. Brandeis. / think, drew viii for
Mrs Warren and one for Edward Warren.
Lease Not Fair, Is Claim.
1--WE contended that the lease to SAM
ne, D. Warren was not fair to the bene-
hc,aries and was one in which regard
was had for his personal interests rather
than to his duties as trustee.
senator Fletcher brought out that
the money derived BY the lessons was
not salary, but their share Of the earn
mccessful operation of the business.
BAILEY said Edward Warren for years
never knew or paid any attention to
the terms OF the lease and had per
Rrandeis." He never objected to the
method Of conducting the business I'M
I'll 1903 Edward Warren. he SAID. re-
ceived as his share of the prohts from
| $4,000 to $4,000 q year. according 10
the prosperity Of the business.
Bars Opinion Of Brandeis.
$500. h.,,. oo;n;on ~ Rranda;s
said Bailey. was that he was an able
lawyer, keen Of intellect. an able adj
vocate, but not entirely trustworthy"
| Senator Walsh drew out that Edward
Warren was about thirty years old
when the lease was made.
mo one objected to the Brandeis firm
acting both for the lessons and lessees
except Edward WARREN he suggested.
mo, l think not"
THE old lady did not complaint"
she had more money than she could
spend anyway"
NO, he was an antiquarian and need
ed money to buy pictures and such
things"
Brandeis firm was acting for lessons
they were acting or advising. His
point was that when differences as to
management arouse, about nfteen years
| after the lease was made, regarding
repairs the Brandeis firm should nave
advised Edward Warren to get inde-
pendent counsel, because the firm rep
resented both sides
Asked as to Own View.
Asked for his view as to any other
alleged delinquency in the case on
the part Of Brandeis. Bailey said:
| IT think IL Mr.. Brandies had prop
erly considered the rights and inter-
ests of Edward Warren he would have
said to him: Your brother Samuel
while trustee Of this property is get
ting very large sums under this lease
| do you think he should have ad-
vised Edward Warren not to consent
to the lease because his brother was
getting q better barsain?" persisted
Senator Walsh.
Yes: at least not to do it without
getting Independent counsel"
1t was brought out that the original
lease was still in operation through
heirs of 8. D. warren. and Mason.
stirs Up a Tempest.
Senator Clark stirred up a tempest
in the committee by asking Bailey if
he were able to tell from his associa-
| llOu WIN 80" III oOSlOu WHAT Wa6
the general professional reputation of
Mr.. Brandeis. Senator Walsh and
Senator Fletcher both objected to the
form Of the question. but Senator Cum
minis insisted 1t was highly proper.
| The committee finally consented to
let Mr.. Bailey answer and he gave the
answer that the opinion Of the Boston
bar was that Mr.. Brandeis was "a very
able lawyer. man of keen intellect
an able advocate: but that he Is not
entirely trustworthy. I think that
about covers it,
what are your politics?" asked Sen.
ator Clark.
"A Wilson democrat"
| Makes Direct Charge.
do you charge that Mr.. Brandeis
consciously gave Samuel Warren more
than he deserved?" asked Senator Cum
minis. -S
YES" responded the witnsss.
1