Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-10

| very much surprised il he had not
stated his position frankly.
There has been too much Of ten
senting commissions to think that
| they must agree with all the conten-
tions of the public. A representative
of commission should be impartial
| in presenting his conclusions I think
Mr.. Brandeis' action was entirely JUS
| titled under the letter asking him to
! become special counsel for the COM
| mission"
Thought Mr.. Brandeis Liberal.
Asked by Senator Walsh for his view
of Mr.. Brandeis' judgment in conclud-
ing that the net revenues of the rail-
roads were inadequate, Mr.. Eshleman
said he had always thought that Mr.
Brandeis was "at least very liberal to
the carriers in that advice"
the next witness. He said that at the
time the advance rate cases were pend
ing before the interstate commerce
commission he. as an attorney. had re-
ton in regard to rate cases before the
Supreme Court and the commission,
and had talked repeatedly to Mr.. Bran
deis regarding the advance rate cases;
He said he was surprised that Mr..
Thorne had taken the position that
Mr.. Brandeis had betrayed the public
in those cases, because he did not be-
lieve that Mr.. Brandeis would betray
anybody on earth. particularly the
public. and because he had read the
record of the advance cases.
Watched Court Records.
c. W. Barron of Boston, connected
with the Wall Street Journal and Bos-
ton News Bureau, was called to give
testimony regarding an editorial he
wrote in the Boston News Bureau
January % last regarding Mr. Bran
deis entitled IAN Unfit Appointment"
Ten years ago." said Barron. "Mr.
Brandeis warned me that 1 must be
very careful what I said about him,
particularly as to his record. Ever
since then 1 have been careful. I have
had court records of Massachusetts, ex-
amined with respect to Mr.. Brandeis
and keep them on file in case I might
Are you and Mr.. Brandeis enc
mies?" asked Senator Chiffon
Not at all" said Mr.. Barron. II
haven't spoken to him in thirty years."
Basis of Editorial Attack.
When the committee asked for the
basis of Mr.. Barron's editorial attack
on Mr.. Brandeis. the witness wanted
to introduce a letter he had written
dealing with the subject. Senator
Walsh objected ITO the introduction of
anything but the court records Of cases
to which Mr.. Barron referred in his
editorial Senator Clark took issue
with his colleague, asserting that many
important facts at times were not put
in the record. All the senators, with the
exception of Senator Walsh, read the
letter without Its being placed in the
record.
After reading the Barron letter pri-
vately Senator Clark said:
II don't see in this letter any direct
charges OF improperly on the part OF
Neither do l." said Senator Chiffon.
Suggests Other Names.
The witness was then asked to SUBJ
nit names of other persons who might
be interested personally in cases.
With others Barron suggested the
committee should call James T. Len
nox of Lynn, Mass. in connection with
a bankruptcy case with which Mr..
read other names which Senator Walsh
said the committee already had
heard of.
Then the committee has tried the
case privately?" Mr.. Barron suggested.
Senator Walsh's anger was aroused by
this reply. He upbraided the witness
declaring that the committee resented
it. that the statement was entirely I'M
warranted.
Mr.. Barron further suggested the
Equitable Life Assurance case. That
was the case in which Mr.. Brandeis
went out and organized the protective
policy holders committee" said Mr..
Barron. and later appeared as attor-
ney for the insurance company"
n
ton taken from newspaper of one Of
Mr.. Brandeis' speeches. He was asked
il he could find out just what paper
printed the speech.
mo, sir" said Barron. II have spent
too much money already and have been
denied the right of a citizen of the
United States before this tribunal"
Barron Statement Resented.
This statement the committee resent
ed. Mr.. Barron was permitted to con-
tinue. however, and submitted an ex-
tract from testimony in the recent gov
eminent suit against William Rookie
feller of the New York, New Haven
and Hartford railroad.
Mr.. Brandeis in 1913 was engaged
to assist in wrecking the New Haven
railroad said Barron. The witness
insisted that Charles s. Mellen. whose
testimony he referred to, would be
able to give important testimony He
also suggested that the committee call
Charles F. Choate and Moreheld Storey,
Boston attorneys. in this connection.
Members of the committee indica ted
that they probably would communi-
cate with Mr.. Mellen, and if he could
throw any light on allegations with
which Mr.. Brandeis was connected they
would summon him as a witness None
of Mr. Barron's evidence regarding any
case was accepted, because 1t was not
first hand evidence.
When Mr.. Barron was excused the
committee adjourned the hearing until
next Tuesday morning.
Urge Confirmation of Brandeis,
A resolution adopted by local union
No. 118 to the bakery and confection-