The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-02-10
That Mr.. Brandies Did Not Act
in Good Faith in Rail-
road Case. &.
NOTHING TO CONCEAL
Tells the Committee That the
Position of Brandies in Case
Was Unknown to Him.

WASHINGTON, Feb. 10.--James W.
Carmalt. chief examiner OF the Inter-
state Commerce Commission before the
Senate subcommittee investigating
the nomination Of Louis d. BrandeiB
to the supreme court bench Thursday
challenged the declaration OF Clifford
Thorne, chairman OF the Iowa rail-
road commission, that Mr.. Brandeis
had concealed from him the attitude
he would take in arguing the eastern
freight rate case before the commits
sion.
Wednesday Mr.. Thorne, who was
associated with Mr.. Brandeis In the
trial of the rate case for shippers and
tho commission, declared he was
"dumbfounded' when Brandeis ut the
outset Of his closing argument COM
coded the contention OF the railroads
that existing rate returns were In
adequate for the prosperity Of the
roads and the best interests Of the
public.
"There Is one incident firmly fixed
in my mind" said Mr.. Carmalt. "re-
garding conversation Mr.. Thorne
had with mo on the second day Of the
argument on the rate case. Mr.
Thorne, understand. stated that
when the commission fixed the allot-
ment OF time for attorneys to argue
the case he had asked the privilege
OF being permitted to follow counsel
for the shippers instead Of opening
the argument. es &
"Mr. Tlorne asked me what Mr..
Brandeis'a position would be In the
argument. There was no doubt In I
my mind what Mr.. Brandels's posi-
ton would be. had discussed It
with him and he had told me. There
certainly was no disposition 10 sconsl
ceal II from Mr.. Thorne. / am con-
fideht that l told Nj. Thorhe that
Mr.. Brandels would take the post
ton that The net operating income
OF the CARRIERS was not adequate with
special stress on the central freight
association territory: Further. I said
he would take the position that the
methods pursued by the carriers to K
obtain greater revenue through a
iiorizonton 1--WE per cent increase was
not the proper method Of increasing
their revenues.
~ am quite clear that 1t was the
result of this conversation that Mr..
Thorne wrote Mr.. Braudels d note
asking about a change In the allolT
ment Of time. tits very strongly my 4
impressi on that because Mr.. Th0rne
recognized the attitude Mr., Brandels
would take that Mr.. Brandeis got the
conception that Mr.. Thorne wanted
an opportunity to answer him In addi-
ton to his main argument In tne 3
case" r.
Chairman Chiffon stated that his
understanding was that Mr.. Brapdeis
was employed to assist in developing
"all sides OF the case and asked Car
malt II Brandels helped Thorne de-
yelop his side, Carmalt replied that
he did and said that the data collected
from the railroads by the commission
under the general direction Of AR
Brandeis was available to all.
G. w. Barron, connected with the
Wall Street Journal and Boston news (
bureau, was questioned about an edif
torinl he wrote entitled IAN UNIT
Appointment" dealing with cases ~
which Mr.. Brandeis had been counsel
Are you and Mr.. Brandeis enc
mies?" asked Senator Chiffon.
mot at ALL" said Mr.. Barron
haven't spoke to him in thirty years.
When Barron was excused the com
mittee adjourned the hearing until
next Tuesday. Z