The Washington times., 1916-04-03
ACTION ONBRANDE|S
REPORTS DELAYED
UNTIL NEXT WEEK
Cummins and Works Attack His
Course-Three Others Are
Tor Confirmation.

~ WIFI" ''sA'~"
Striking reports in opposition to the
of Louis ID. Brandeis as
Of the Supreme Court were
made to the judiciary Committee today
by Senators Works and Cummins of the
Both Senators, each identified with
the Progressive wing of the Republican
party, analyze the testimony before the
at length.
The other three members OF the SUP
Senators Chiffon. Walsh, and
favor confirmation.
Both Senators Works and Cummins
admit the capacit Of Brandeis as
lawyer, and express admiration for some
of his work. On the other hand, they
do not hesitate to condemn his course
In some particulars. Both sharply dis
approve his course in the Eastern ad-
vance rate case.
No Action Taekn.
The reports 20 over until next week for
action. 1t is evident that when a vote
Is taken the Judiciary Committee will
ulNluC dlOhb hhNol just 90 diu
the subcommittee.
While Mr.. Brandeis is sure of getting
a majority of the Senate, II Is expected
to be many weeks before there Is a
vote in that body.
Senator Works sets forth his conclu-
slons as follows:
II have endeavored to make a fair and
full statement and analysis of the evil
dence. IL has led me irresistibly to con-
that the manhattan hOlll6 he
Jected. For many reasons l should be
glad to find otherwise.
II am greatly in sympathy with much
of the work that Mr.. Brandeis has been
doing TO better economic. Industrial.
and social conditions. Much of this
am convinced he has done generously.
unselfishly, and for the common good.
Much OF II he has done in ways and
by means that do not appeal to me al
all. He has In many instances been In
tolerant and offensive In his methods
as the evidence shows. He has resorted
to concealments and deception when q
frank and open course would have been
much better and have saved him and
his profession from suspicion and criti-
cism.
Abused Confidence.
'Hc has deted the plain ethics of tn,
profession and In some instances ha!
violated the rights of his clients anC
abused their confidence. There Is moth
ing In the evidence that leads me L
think he has done these things corrupt
~ or with the hope OF reward. Hi
course may have been the result of
desire to make large fees, but even Thu
Is not clear. He seems to like to d,
startling things and to work under GOV
er. He has disregarded or defied tn,
prophecies.
lit has been such courses as he ha
pursued that have given him the repu
taCon that has been testified to, an,
II Is not undeserved. 1t is Just sucl
a reputation as his course OF dealing
and conduct would establish in tn
minds OF men. This reputation mus
stand as a strong BARRED against hi
confirmation.
"If it were Mr.. Brandeis alone tina
believed that this reputation is unde
served and unjust, II should have n
weight; but the erect OF such an ap
pointment on the court Is OF muc
greater Importance.
TO place a man on the Suprem
Court bench who rests under a clou
would be grievovs mistake. AS
said In the beginning, a man to be ap
pointed to the exalted and responsible
position OF justice OF the Supreme CouT
should be free from suspicion and abov
rcproach.
GrOund FOR objection.
Whether suspicion rests upon hIr
unjustly or not his confirmation
would he a mistake. It is argue
against him that no Is not possesse
Of the judicial temperament. Their
Is just ground for this objection. 4
some of his friends said he Is a rad
icPl. and for that reason he has OF
Tended the conservatives. That ma
be no cause OF reproach: but the ten,
permanent that has made him man
enemies and brought him under con
demnation In the minds Of so man
people would detract from his useful
ness as a Judge.
"eH is of the material that make
good advocates. rcformers. and cru
saders hut not good or safe Judges
Taking all these things into con
alteration. ! submit that the nom
port"
Senator Cummins, after exhaustiy
review of the evidence, holds Brande
should not be confirmed. He sets fort
his conclusions as follows:
my conclusion Is the result of muc
reflection, and II Is with great regr,
that ] announce IT, I am acquainte
of his mind and the scope of his know
edge I have the profoundest admiratio
Moreover, / am In sympathy, for Il
most part, with his sociological and &c
nomic opinions, and for the work TIL
he has done In these directions I ha'
nothing but commentator.
II cannot. however, even seem
approve his course in many OF Il
matters which have been brought
! the attention of the subcommitt,
through which he has lost the col
fidence of so large an element OF Il
profession OF which he Is a membe
and of the country OF which he IL
citizen, as TO vitality impair his us
fullness as justice OF the Supren
Court"
On the Rate Case.
The course of Brandeis In the a
vance rate case of the Eastern ra
roads is caustically criticised by Sc
ator Cummins, lie said:
If under the circumstances of II
proceeding. the most important fro
every point OF view which has TAX
place in a quarter of a century, a la
yer who appears with other counsel
behalf of the public con, after his q
soclates have made their argumen
arise and in open court admit that I
carriers were wholly right and the pu
lie wholly wrong. upon the immedia