Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-09
shippers are chiefly interested in their
specific commodities and I have talked

shippers are chiefly interested in their
specific commodities and have talked
1t over with Chairman Harlan
1T is the desire of the commission that
you open the argument for the public
and I will close. Between will come the
ether arguments. the railroads opening
and closing the whole case I said to
Mr.. Brandeis that it would be impossible
for me to open at that time because
was physically unable, and also that ]
shippers. I was afraid that men inter-
ested in special commodities might be
tempted to concede the main issue that
the railroads needed more revenue, but
that it should not apply to their partic-
ular commodity.
Mr.. Brandeis misunderstood the pur-
port of my request, and thought I was
DESTROYS Of replacing him. He said that
and e0a an addonnY aer bs
shippers. I said only wanted to make
one argument. Then he said. Very well.
we'll leave It to the commission whether
you or shall close assured him had
no desire to replace him, that ! was
not a particle afraid of him. but of per-
sons interested in particular commodi-
ties. Then he said he thought he could
arrange for me to follow the shippers,
and he did So"
When he first received copy of Mr..
Brandeis' brief, Thorne said. he was
surprised to find nothing in it about
adequacy of rates. He asked Brandeis
what his position was to be, and the
latter responded he believed some of
the roads were not earning enough
money. and he thought conditions were
Indiana.
'At the opening of Mr. Brandeis'
oral argument, he made this state
ment." began Mr.. Thorne. reading from
the record:
Dumfounded by Brandeis' Statement
Ion the whole the net income and
net operating revenue in official CLASH
hcation territory are smaller than are
consistent with their prosperity. and
the welfare of the public. and condi-
lions are bad in Central Association
territory and also other roads because
of the Central Association scales
II was simply dumfounded by the
years the railroads had been fighting
to establish that before the interstate
commerce commission. They had car
ried on a nationwide propaganda in
every conceivable manner am not
saying dishonesty"
Il was dumfounded to hear at the
conclusion of this great case, involving
lion doliars-if you adopt the standard
Of dollars and cents-the greatest case
ever tried before a human tribunal
since the dawn of civilization-to he.
counsel concede the very point at issue
at the time the case was set down for
argument"
Questions Mr.. Thorne.
Senator Walsh commended that Thorne
had not made himself clear as to Mr.
Brandeis' position. The issue the SEN
ator thought was the gross revenue
and not the net. Mr.. Thorne insisted
that the issue before the commission
concerned net revenue.
Thorne agreed with Senator Walsh's
statement that his position before the
commission was that the net revenue,
Notwithstanding any unscientif1c man
agement. was adequate. and that Mr..
Brandeis' position was that the net
revenue was inadequate and should be
increased by charging for certain spe-
cia1 services.
Senator Cummins inquired If Thornes
position was that the public should pay
no more to the railroads. and Brandeis
was that the public should pay more.
Thorne agreed that was a fair state
ment.
Mr.. Brandeis commended the passen-
ger rates should be increased and that
the mail pay should be increased" ex-
planned Mr.. Thorne. Those would have
added additional burdens to the pub
lie"