Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-24
Weekly Employed Him in Bal
linger-Pinchot Probe, Edi-
tor Sullivan Testifies.
DENIES ANY CONCEALMENT
WAS Attempted IN CASE
Nominees Opponents Want G. E.
Kelley Subpoenaed-Harriman-
Fish Fight Cited.

Mark Sullivan, editor of Collier,
Weekly. testified today before the Sen.
ate committee investigating the nomi.
nation of Louis d. Brandeis to the Su-
preme Court that Mr.. Brandeis was
employed by Golfers as attorney If
the Ballinger-Pinchot investigation "te
protect its interests and those of the
public"
Austen G. Fox. attorney for those
opposing Mr.. Brandeis. had told the
committee that Mr.. Brandeis appeared
as counsel for L. r. CLAWS. former
official of the land office, about whom
the charges against former Secretary
Ballinger centered.
No Attempt at Concealment.
Mr.. Sullivan said Norman Hapgood
then editor Of Golfers. employed Mr.
Brandeis. and that no attempt was
made to conceal the employment.
Mr.. Fox asked the committee to
subpoena Charles E. Kelley. a New
York attorney, who. he said. he had
information had been attorney for Col
lier's during this BalliAger- Pinchot in
quiry. Fox said he would show tina,
Mr.. Brandeis stated to Kelley he did
not wish the fact of his employment
by Golfers to be disclosed and did
not wish Kelley to be in the hearing
room except as a spectator.
Waddtll Catchings. formerly of the
Office of Sullivan & Cromwell, lawyers
in New York, who represented f. H
Hartman, John Jacob Astor and others
in obtaining proxies in 1907 In hgh,
with Stuyvesant Fish over the preH-
81 Central railroad
told the committee Of his trip to Bos-
ton to get proxies. For years, he said
the Arm OF Brandeis. Dunbar & Nut
ter had done work for Sullivan & Crom'
we'll working through Mr.. Nutte1
largely.
Hardest Interview He Ever Had.
$50 I went to Mr.. Nutter." testified
Mr.. Catchings, land told him what we
sought. He replied his firm could moi
undertake the work except Mr.. Bran
deis was convinced Of the justice OF
the fight Sullivan and Cromwell were
carrying on and approved OF the en-
ployment. 1 then had an interview
with Mr. Brandeis, and 1t was the hard
est interview I ever had. l told him
all about the case, and the result was
that the firm Of Brandeis, Dunbar &
Nutter undertook the work for US. Mr.
Brandeis was to do nothing and die
do nothing"
The witness had been called by Mr.
Fox to substantiate his claim that Mr.
Brandeis had misrepresented his con-
nection with the campaign for proxies
Investigated Justice Of Case.
Under cross examination, Mr.. Catch
ings said that Mr.. Brandeis had MOI
only to be convinced as to the justice
of the case but that there was no con.
hict between the case and other worl
being done by the Arm. particularly the
New England railroad merger case. Mr.
Catchings said he was impressed by Mr.
Brandeis' inquiry as to the justice Of
the case, because no other lawyer HI
had occasion to employ raised such &
question.
Senator Cummins inquired in many
forms II the witness finally convinced
Mr. Brandeis that there was no incon-
sistency between Mr.. Brandeis' position
against the New Ravens merger of the
certain New England railroad and his
aiding Mr.. Hartman to control the H.
linois Central. After long discus
sion of the interview the witness said
Mr.. Brandeis was convinced there was
no Inconsistency between his merger
position and the work for the Harri-
man interests.