The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-03-29
BRANDEIS HELD UP
AS SINNER AT BAR
Charged in Senate Brief With
Deceit. Sharp Practice and
stiffness.
SEVERAL CASES CITED

WASHINGTON. March cS.-A compre-
hensive brief was filed with the Senate
Committee on Judiciary to-day by Austen
a. Fox and Kenneth NJ. Spence Of New
York. representing the opposition to the
confirmation Of Louis II. Brandeis as
Associate Justice Of the Supreme Court.
The brief reviews the testimony and
declares that "the nominee has violated
we'll established canons OF professional
ethics
Then follows the recital OF Mr., Bran
deis's professional relations with the
Lenox insolvency case. the Warren paper
mill matter. the United shoe Machinery
I'M the Equitable Life Assurance cases.
"rn the course OF performance Of his
professional duties the nominee mas made
false and misleading statements and has
been guilty Of duplicity." continues the
brief.
Support for Allegation.
IN support Of this allegation. the Grief
discusses the investigation OF the Bal
inger-Pinchot controversy. in which the
nominee IL accused OF having "encour.
sxed Kerby. Mr.. Baliingcr's secretary.
to publish confidential information" that
"Mr. Brandcis. though retained and paid
by Golfers Weekly. appeared ostcnsibly
for CLAWS and sought to conceal his re-
,ations with Golfers
Tho briefs recital of other points
k..,,chs .,. -, ,tx ,Ui-.Na, " ,,,1,k
this charge involved Mr.. Brandels's re-
lations with the late T.. II. Hartman. his
action in the Boston and Maine investi-
cation before the Legislature. In which.
according to counsel FOR the opposition.
"Mr. Brandeis made definite and specific
statements OF fact which we're FALSE
and his representation OF William j.
Kelly. counsel for Austin Corbin. former
president OF the New York and New
England Railroad. in a series Of suits
against the railroad intended TO prevent
he road from getting capital 70 make
Il a competitor Of the New Haven
sharp Practice Charged.
'"rhe nominee says another allega-
ton In the brief has represented inter-
ests opposed to the public welfare and
has been guilty OF sharp practice"
In support Of this allegation are cited
Mr.. Brandeis's course In the ) per cent.
ate case and his resignation as the
lobbyist or legislative counsel for the
liquor interests before the Massachu-
setts Legislature.
Other allegations are that Mr.. Bran
deis acted in "A way to invite pro-
fessional criticism in the Old Dominion
case and by advocating improper Issue
Of stock Of the company" and his
method of securing compensation In
the Bigelow litigation" 1t II further
charged that he changed position as q
lawyer in the Consolidated Ca matte
and in the representation Of the Price
Maintenance League.
Does the evidence show that Louis
d. Brandeis has a defective standard
Of professional ethics" inquired coun
eel for the opposition.
Replying TO the i~nterrogatory thus
submitted counsel say:
THE president (of the American Bar
Aseociation) and seven former presi.
dents Of the association have filed with
the subcommittee letters opposing the
confirmation o: Mr.. Erandeis."
The brief Is "a severe arra!gnment OF
me nominee. Copies will he sent 10
every Senator and will undoubtedly be
the basis of a long ftSht In the Senate
against the confirmation Of the nomins
ton,