The Washington times., 1916-02-10
CHARGES
AGAINST BRANDEIS
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this brief.
what did you threaten7" the wit
ness was asked.
'I threatened to go to Boston," ne re-
piled amidst laughter.
He said these letters brought back
his brief, on the margin OF which had
been penciled such remarks as, "ab-
surd," wholly untena ble," and similar
phrases. He said he WIS not sure
whether these were in Nr Bandels'
handwriting, but they came from Mr..
Bandels' office.
Are you going to tell us pretty soon
what all this has to do with the fit
cess of Mr.. Brandeis TO serve on the
Supreme Court?' asked Senator Cum
mings.
well. to state II succlnctly," he re-
Piled, the opponents of an increase in
rates had an impregnable defense in
the burden OF proof clause. claim
that Mr.. Brandeis showed bad faith in
discussing a compromise and In keep
ing my brief for two months"
Mr.. Spelling pointed to newspaper
notices which invited shippers to submit
Mr. Brandeis. Senator Walsh observed
that he should not have believed news
paper notices, since he know that he
had right to appear andt had hone so.
A hot session resulted when Clarence
w. Barron, owner of the Boston News
buIBfhhs was called TO tu6
was called to testify, among other
things, about an editorial of anuary %.
which he wrote, entitled IAN Unfit APP
pointment."
He said that ten years ago Brandeis
warned him to be careful what he said
about him so that he had the court
records searched. He presented the
committee with a copy of letter sum-
marking an investigation of the records
of Brandels in the courts. He declined
n hy whom II nTnn0Roh He
offered to give the name privately to
Senator Chiffon hut Senator Chiffon re-
fused to receive it.
After a short interchange of views
Senator Walsh refused to pay any at
tention to the letter which Barron Of
fered to present
II shall refuse to sit here and listen
TO or even read a letter giving Mr..
Rarron's views OF an Investigation made
by him." said Senator Walsh.
To Send For Clerk.
"wG will send for the clerk of court
to bring the record" he added.
The cases referred to by Barron were
the show machinery case. the Warren
will case, and the Lenox case.
Barron gave the name of William F.
Fitzgerald, Boston banker, as 4 per-
son who had expressed astonishment
that Rrandeis had gone to the other
side in the IIenoX case. He said that
0l0neN w. w lnNlON, VTFSlueHl OF
United Shoe Machinery Company, had
expressed AstoniShmcnt to him over the
course Of Rran6eis in that case.
Urder pressure from the committee
Barron gave the name OF William s.
YounRman. OF Boston. as the lawyer
who had investigated for him the Lenox
case, and Hollis r. Bailey as a lawyer
femillar with the Warren will case.
Senator's Fletcher and Walsh objected
to hearing any testimony from the witt
ness. as they said they would 20 to orig
innl sources for the facts.
Thereupon Mr.. Barron. at the instance
OF the committee. submitted a long list
Of names of persons who had informa-
tion about these cases which the COM
mittee could obtain by calling them to
testify.
The committee then adjourned to
meet next Tuesday morning.
Testimony Refuted.
Upon the heels OF a warning by Cliff
ford Thorne Of dire consequences "of
packing the Supreme Court with men
OF a type who believe a ~ per cent
return on railroad investments mig
gardly." two other witnesses last night
testified at the hearing on the fitness
OF Louis d. Brandeis to serve on the
United States Supreme Court that Mr..
Brandeis had never advocated a rate
increase, and that he had been engaged
TO represent all parties. including the
railroads, in the famous rate cases of
1910 and 1918.
Mr.. Thorne, Iowa's railroad commis-
sioner. who consumed all of yesterday
mornings opening session of the hear
ings before the subcommittee on ju-
dietary of the Senate, reserved his hot
test fire at Mr.. Brandeis for the night
session.
For more than two hours he scored
NJ Ill o. wn4
throwing the public" and for "unDro-
fessional ethics" Lieut.. Gov. John NJ.
Eshle. of California. former chairman
Of the California railway commission.
followed Mr.. Thcrne and took issue
with him at every point. Then Joseph
M. Teal. Of Oregon, said he had been
surprised to hear Of Mr.. Thorne'B at
tack upon Mr.. Brandeis, and praised
the lattcr's course throughout the con-
duct of the rate cases.
Hearing Quarters Moved.
The hearing quarters were moved
last evening to the larger room in
the Senate office building where the
half-and-half hearing was staged,
and even this room did not accom-
modate the crowd. Most of the audi
tors remained until 1920 o'clock.
when Senator Chiffon announced 1t
was breakfast time" and the sub
committee adjourned to resume its
sessions at 10 o'clock this morning.
The coming national appraisal OF
railroads. and the probability OF Su-
prems Court rulings on all phases
OF the appraisals. were pointed to by
Mr.. Thorne as one reason why Mr..
Brandeis should not serve on that
tribunal
DO you realize that a variation of
per cent in railroad rates would
cost this country t150,000.OOO a year?"
q ssked Mr.. Thorne
The Iowan hammered upon the
point OF the gigantic sums involved
in a small increase in rates. He said
varying opinions placed the valuation
OF American railroad property at from
fifteen billion to twenty billion dollars
and pointed that billions would be
involved In the slightest percentage of
increased rates.
Striking Point Made.
Another striking point made by Mr..
ThOrne, in which the committee took
keen interest. was that the representa-
tiOn Of consumers in rate cases is a
rare occurrence.
Hitherto in all these rate cases." he
said. I'VE have had shippers and roads
pittted against each other. Mr..
Brandeis and l. l believe, were the
only ones who reDFeSented the con-