The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-02-17

investigation by the subcommittee OF the
Senate judiciary Committee to-day as.
sumed the character OF a court proceed
ing. At the outset Of the hearing the
chairman announced that Austen q. Foe
a New York attorney. would TAKE charge
OF the presentation Of the testimony OF
those who are opposing the appointment
Of Mr.. Brandeis to the Supreme Court,
The committee designated George W
Anderson. United states District Attor.
ney Of Boston, to take charge OF the in
vestigstion on behalf OF the committee
TO bring out the facts"
Thereafter the informal character OF
the hes rings vanished. Mr.. Anderson
proceeded to cross-examine =. W. Win
slow. president OF the United Shoe Ma
chinery Company. while the Senators on
the subcommittee sat in = judicial c
pac'ty to all appearances rather than
investigators.
1t was announced that neither Mr.. Fox
nor District Attorney Anderson would
receive compensation for their services
Mr.. Fox represents President Lowell OF
Harvard University and a number Of dis
citizens OF Boston, who fled Q
against the Brandeis appointment
time ago. He said he had nothing
to do with Mr.. Winslow's testimony. Mr..
Anderson. throughout the hearing MAS
In consultation with r. r. McLennen.
Mr.. Brsndeis's law partner.
Hearing Controversial.
II was spps rent that the hearing was
a recognized controversial as
pect which, some Senators thought.
would not improve Mr.. Brandeis's
chances for confirmation.
The hearing was given up 10 a detailed
ross-examination OF Mr.. Winslow BY Mr..
Anderson, who took up Mr.. Winslow's
that Mr.. Brandeis continued
to represent the Shoe Manufacturers
Alliance after he had been Informed Of
the alleged attempt Of representatives Of
the shoe manufacturers TO secure $1,000
900 OF United stock at par. when IL was
selling at double oar.
Testimony OF the manufacturers prac-
tically denying that such a proposition
vas made was read into the record.
Senator Cumnins suggested that the
incident did not involve Mr.. Brandeis,
MR., R%rande!s.' he said. could prop
erly represent the shoe Manufacturers
Alliance. whether such a proposition had
been made or not
What Mr.. Brsndeis did In 1911 said
Senator Fletcher, had nothing to dc
with what had been done several years
before
II can't agree with that" replied the
witness. MIR. Brande,s could not di.
vorce from any act Of his the authority
conferred by the fact that he had been
a director Of the company for eight
years"
Takes Exception Ia Pamphlet.
Mr.. Anderson took exception to a
statement made in a pamphlet circulated
by the United company to the effect that
Brandeis lin spite OF his Quickened
conscience o pay from the company
within three months OF the time he went
into the fight of those who were attack
ing it
no you consider that a fair state
he asked
1T IL fairpr than statements made
by Mr. Brandeis concerning the com
pany," retorted the witness
A series Of questions was then pro-
pounded TO show that a considerable
time elapsed after Mr.. Brandeis left the
United Shoe Machinery Company before
took up the night OF the shoe manu-
fac,urers. Much friction developed dur
ing the cross-examination. Mr.. Winslow
taking exception to questions
put to him.
The pamphlet "Brandeis and Bran
deis.' published by the shoe machinery
company. was offered by Mr.. Ander-
son a. evidence to show the hostile at
ti,ude OF the company toward Mr.. Bran
deis. and to show that when this sort
Of him vas circulated II tended TO
make people think there was something
wrong with "a man
Il wouldn't have come here volun-
tarily." lterjected Mr.. WINSTON, MY
statement was prepared since ! came
here. wanted to give only facts. alu!
/ do not want any feeling that might
exist between me and MIR. Brandeis a
enter into his. I do not feel that II
should. where such a high office Is IN
voived.'
change Not so Abrupt.
william NJ. Anderson's questions lndi-
Gated a purpose to show that Mr.. Bran
deis's change OF attitude toward me
.lcgali,y Of the tying clause in the com-
machinery leases was not 50
abrup, or unaccoun,able as MIR, Wins
low had indicated. Mr.. Winslow ad.
mitted thar tying clauses as a business
practice existed before the organization
OF the United company. -.
Mr.. Brandeis resigned in 1906 said
MIR. Anderson. Were your relations
pleasant up TO that time
Yes replied the witness.
And you expressed regre, in your
letter to him that he could not snare
your views az 10 business policy
Il talked TO Mr., Brandeis on the tele-
phone. I know ~ NJ reasons for his
-,t.Ar tiNnt, thnGa aNnraSsRl