Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-09
Iowa Railroad Commissioner
Says Supreme Court Nomi-
nee Was Unprofessional.
ARGUED FOR RAILROADS,
NOT SHIPPERS, HE SAYS
Clifford Thorne Before Senate Sub.
committee Which Is Investigate
ing the Appointment.


sons nomination of Louis d.
Brandeis of Boston to the SUI
preme Court of the United States
bench was begun today by Sen
ate subcommittee, which first
heard Clifford Thorne, chairman
of the Iowa board of railroad COM
missioners, who was associated
with Mr.. Brandeis in the fight
against giving the eastern rail-
roads increased freight rates. Mr..
Thorne assaulted the conduct OF
Mr.. Brandeis in that case.
81 believe the nominee before
this committee was guilty of in
fidelity, of breach of faith and OF
unprofessional conduct in connec-
ton with one of the greatest
cases of this generation" he said.
Tells Of Brandeis' Argument.
Thorne charged that Brandeis. as an
attorney appearing for the shippers
conceded that the rate return 10 the
railroads was inadequate. ana that
Brandeis, in his opening oral arsu-
ment to the interstate commerce COM
mission. conceded that the returns
were inconsistent with prosperity OF
the railroads and welfare OF the puoIlc;
II was simply dumfounded." declared
Thorne.
subcommittee voted down proposal
to have the full committee hear the
case. That was regarded by some az q
first victory for Mr.. Brandeis. on the
vorabIe and the full committee hostile.
The full committee. however, will act
on the subcommittee report. ana sen
ators who are not on one side or the
other professed to see no particular
significance in the action
Tells Of Brandeis at Hearing.
Long before the hearing began the
committee room was packed with
friends Of Mr.. Brandeis. The subcom-
mittee conducting the hearing was
composed of Senators Chiffon, chair
man: Walsh. Fletcher, Cummins and
Clark of wyoming.
At the outset Senator Clark moved
that the hearings be held by the full
committee In order to expedite the IN.
ouiry and to avert the necessity of
repetition.
purpose to be served by that course. Other
members, he said. were busy on various
committees. and many could not attend
the hearings. Senator Cummns approved
the suggestion. The fun committee. ne
said, could get a better understanding Of
the testimony II members attended the
hearings. Senator Walsh said he did not
think observance of witnesses or their
manner Of testifying was necessary.
He thought members of the commit
tee who did not take part in the in
Quiry could be thoroughly informed Of
all important facts by the subcommit-
tee Senator Chiffon said the subcom-
mittee did not have the power to take
such action without consulting the full
committee, whereupon Senator Clark
said he merely wished to indicate to the
full committee that it should partici-
pate in the hearings.
Assisted in Freight Rate Gases.
Mr.. Thorne was the first witness. He
told OF his connection with shippers
and state railroad commissioner Or
CARNATIONS opposing increases in
freight rates to the eastern roads be-
fore the interstate commerce commits
sion in 1910 and 1913. He said that
he was first asked to participate in the
1913 case by Mr.. Brandeis. Thorne de-
clined. but later agreed. when Henry
Martin of Kansas withdrew from the
case to become vice governor Of the
Philippines.
The interstate commerce commission,
he said. indicated the fundamental
question to be determined was
Are the railroads entitled to more
revenue. and. IL so. where shall the
revenue be secured?
Then Mr.. Thorne stated that his ap-
pearance before the committee was not
al his own instance, but at the request
of Chairman Chiffon.
AT the outset two facts stand out. It
appears to me-" Mr.. Thorne declared.
"fn the hrst place I believe the nominee
fidelity. Of breach Of faith and Of un-
professional conduct In connection with
one Of the greatest cases Of this gem
I'm the second place. in open court
hearing, while acting as special coun-
sci, Mr.. Brandeis committed himself to
the proposition that tho net return Of
terest on debts, on capital stock of rail-
own VaaS words, neslisibie.' This had been
held adequate by the commission in
1910"
Reviews Big Rate Cases.
Mr.. Thorne said he was uncertain how
far he should go into details. but began
a review Of proceedings in the big rate
cases. Mr.. Brandeis. he said. character
lied his testimony as wonderful" and
suggested 1t be published At once. $50
tho public could sec the other side of the
question" Thorne said he suggested that
~ Brandeis. in view Of his intimate re-
d ions with Senator La Toilette, might
gee the testimony printed az a public
document.
Mr.. Thorne interrupted his narrative
to say that In the 1910 case Mr.
Brandeis had limited his activities to
showing III the railroads are entitled
to more revenue how shall 1t be Sc
cured"'
Returning to a description of hi.
| testimony. he declared he was con-
graduated upon it by ATTORNEYS ana
Representatives Of many interests. MI
Brandsis and he participated in cross.
examination of railroad witnesses and
| their relations were most friendly"
Thorne said, two attorneys sought to
show the adequacy Of the raiirosasi
revenue as a whole but the clients ~
| both compelled them to abandon that
course. He read from Mr. Brandei..
brief to show Mr.. Brandeis knew two
points were before the commission for
consideration, hrst, adequacy Of fhe
revenue. and. second. II INADEQUATE
how additional revenue could be sc.