The Washington times., 1916-02-09
"BRANDE|S BROKE
FAITH" IS CHARGE
Former Associate Tells Senate
t.. Committee Lawyer Surpris-
, ed All in Rate Case.
Continued from First PageD

Continued from First Pase)
ticns that had prevailed between him
and Mr.. Brandeis all through the
ggrosress Of that ,,,sea ease asked II Mr;
extending over three and one-half
days ir the early stages Of that case.
hA said Mr.. Brandeis came to him
and exhibits and said that both should
Be published at once so that the pub
lie could be informed in the case.
The witness said the same cordial
rela ations had existed in the 1910 case.
He said that in that proceeding Mr..
Brandeis had concentrated his evil
dcnce not on the question Of whether
the revenue as whole was adequate,
but whether II 1t were inadequate.
the adequate amount could be secured:
He told how Mr.. Brandeis then had
presented a scheme by which he said
S300,0oo.00O coul6 be saved the rail.
what ie called scientific management.
Neither in his argument nor In his
brief said Mr.. Thorne. did he make
any point OF the adequacy or reason
whole although the commission had de-
cided that the adequacy OF the reve-
nues was to be the first point to be
considered. and that the question. Of
raising additional revenues. II needed,
was to be considered later.
while Mr. Brandeis had attemn'ed
to make no application Of his principles
Of scientific management" Mr.. Thornr
lenged attention and resulted in srous-
ing great interest as to whether the,
railroads had been conducted in
wasteful manner.
Abandoned Any Attention.
I'm 1918 Mr.. Brandeis abandoned any
attention to the scientific manasement
theory Mr.. Thorne said. "and ad-
vsnced another way by which additional
revenues could be raised if needed. All
the time he seemed to assume that they
were needed. His other method included
cAnreins for free services. advancing
the passenger fares. and charging more
to the Government for carving mail.
Mr.. Brandeis centered his entire interest
REMAINDER any evidence or argument Of
fere0 by him at anv stage to show
what constituted an adequate return
Mr. Thorne said that stil his rels-
tions with Mr. Brandeis continued pleas
ant. He described the situation toward
the close Of the 1918 hearing. during
which lso attorneys. traffic MANAGERS.
and other representatives Of shippers
"Aii or these. With two exceptions. re-
Trained from going into the question OF
whether the revenues as whole were
cluded It in his brief and his clients
compelled him 10 leave It ont. Another
touched upon 1t in his argument and his
CDents cOmpeIle0 MN TO 0eSlst.
The situation then. Mr.. Thorne said.
was such that he feared all the ship
rers would concede the main issue. ana
grant that additional revenues should
rates should not apply to them. lie
said he could see how large ra lroads
could attempt in good faith, to certain
shippers. to exclude certain classes from
werN interested in he claimed was get
ting general advance in rates.
Sought Planket Advance.
He said that in 1913 they tried 70 got
it by advancing class rates. a,S that in
1915 they tried to secure a rlanket adj
Vance on everything.
Stating that he wished t. safeguard
these shippers Hr Tho,ne went t. Mr..
Brandeis with tie request that he. Mr.
Brandeis received him cordially and
quoted Mr.. Brandeis as saving:
Mr.. Thornr. you and have triad to
master this case as I. whole The other
representatives are chiefly interested N
their speciic commodities. have
talked it over with Commissioner atfrlan
that yoT chonld oren tho arguments
and will close on behalf OF the public.
In bewteen viii come arguments "f the
special interests
He toId how Nc finally cot Mr.. Bran
deIs to consent to his rlan and then
said that on the day before he WAS &c
appear he received cupN Of Mr.. Bran
deis' brief
"To nv surprise did not find any
statement that the revenues as a
whole were adequate or any similar
proposition"
Injuries of Position.
Mr.. Thorne then made inquiries as
to Mr.. Brandeis position. he said, and
Mr.. Brandeis told him. II believe some
Of these railroads are not earning
enough money and the situation is
especially bad in the Central Freight
Association territory"
Mr.. Thorne described how when the
chief counsel for the Central Freight
Association lines appeared he said
that Mr.. Brandeis had saved him the
trouble Of showing the conditions in
the Central Freight Association ter
rltory. Mr.. Thorne read the attorneys
statement into the record and then
read from Mr.. Brandeis' oral argu-
ment in an effort to show that he
made concessions to the railroads aud
pointed 10 passages in which Mr.
Rrandeis had said that In some cases
to insure the prosperity of the roads
and the territories which they COW
"Of course, 7 was simply dumbfound-
cd by this statement" Mr. Thorne said.
This was no ordinary case. The roads
had been fighting for four years to
they had used every means Of publicity
and appeal to convey that impression.
Here at the close OF this extraordinary
case. involving $50.000000 a year, which.
" you adopt the standard OF dollars
and cents, was the most important ever
tried before a human tribunal, the spc-
cial counsel for the commission ap-
nointed to that all phases in the
case were developed in his closing ~
Eument. without any notice or warn
Ing to his colleagues. comedies the very
point at issue"
Senator Walsh Inquiries.
Senator walsh inquired whether in
making this concession Mr. Brandeis
might not simply have implied that the
expenses were too high. Mr.. Walsh ask
cd whether Mr.. Brandeis had con-
Ceded the roads deserved the form OF
relief they demanded. Mr.. Thorne said
Mr.. Brandeis had not conceded the rtght
Of the railroads to the relief they ask
ed for but had omitted entirely TO dis
cuss whether their revenues were ade-
Nuate. and had spent his time showing
how the revenues could be increased. II
they weer inadequate.
Senator Walsh and Mr.. Thorne en-
Raged in a rapid fire debate regarding
gross revenues and net revenues.
Il see no evidence Of an admission
by Mr.. Brandeis that the gross reve
nues were not large enough" said Sen
T.Ia