The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-03-01
INQUIRY MAY
END TO-DAY IN HIS FAVOR
Senate Investigators Expected to Indorse Nomination
Prominent Boston Lawyers Testify That the Nomi-
nee Is Reputed for Double Dealing.

Of the criticism directed against him.
Mr.. McClennen explained Mr.. Bran
deis's part in the Equitable litigation and
the New England railroad controversy.
and was telling about the United Shoe
Machinery case when the committee ad-
journed until tomorrow, when he will
resume his testimony.
Edward W. Hutchins. the nrst witness
to be called, told the committee that he
had discussed MIR. Brandas's character
istics with Joseph u Warner. jeremiah
smith, Richard Olney. Arthur d. Hi,
Frederick =. Fish and other members Of
the Boston bar.
Many lawyers he gave as his con-
ciusion. did not regard Mr.. Brandeis
as straightforward ! do not him
they would 20 so far as to say that he
Is untrustworthy. which means that he
would be false to his clients. dishonest
and false to his trust. He was not
straightforwa | know OF no other
way to express IT,"
District Attorney Anderson sought to
obtain from the witness the admission
that he and many Of the persons he mem
toned represented the vested interests"
Of Boston. which had been attacked by
Mr.. Brandeis. and implied hat the hos
tility toward Mr.. B%randeis was largely
due TO the campaign undertaken by the
financial interests to discredit him be-
cause Of his activity IN the New Haven
case.
Brandeis's intellectually.
Largely IN reply to Mr. Hutchins's
testimony District Attorney Anderson
g to the committee a letter he had
received from Arthur H.. hin. Il Boston
lawyer. who said that II there were "A
question Of Mr., Brandeis's intellectual
activity alone there would be no objec-
ton Ia his appointment.
lie In a radical" the letter continued
attacking established institutions. II
IN difficult. II not impossible. for a radi-
cal TO he popular with Boston lawyers.
Added To this il the fact that he is an
outsider and = Jew. II Is not difficult
therefore to understand why there Is
opposition to him"
Mr.. fiill added tina. MIR. Brandeis
would probably make an excellent Asso-
ciate Justice. In which position the OBJ
J%ections now made against him would
disappear.
After NJ. P!lisbui. had testified At
torney Fox, representing the Boston
irotestanis. introduced Documentary evil
dence 10 support the contention that MIR
Brandeis. after acting as counsel for
the policyholders' OF the
Equitable turned about and became
counsel for the society in a SUI; bsough;
by a pollcyholder.
Mr. McClennen disposed OF his ale.
CATION by saying that The i;randeis firm,
had 'or many years. and si.ll j.. con.
dut'!ns cases for the Equitable com.
psny. and pointed out that there wus
not only 10 proies, from any or tn
parties involved. Du, tina; the two case.
wre entirely separate and had no re,
lat!on whatever.
As IN the charge tina Mir. Brand.i /.
sought 10 wreck the New England Rail,
road that II might he absorbed by thu
New Haven. Mr. Mcclenncn supported
the testimony OF other witnesses bv as
sorting that Mr., Brandeis's connectio.
with the litigation aguimAt the New
England road ceased long before tn,
New Haven undertook TO carry il or.
Mr.. McClennen will complete his les
rlmony concerning the United shoe Ma
Chinesy case tomorrow.