Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-02-10
BRANDEIS' CONDUCT
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to see no particular significance in the

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to see no particular significance in the
action.
Night Session
At the night session Of the hearing
Mr.. Thorne continued his testimony
reading at length from the arguments
the rate case He declared Mr.. Bran
deis had said there would be no diff
Guilty in getting all the capital needed
for the railroads despite what bankers
said, and that the maintenance account
Of the railroads was not properly SUBJ
ject to objection that they had been
under maintained in earlier years.
II challenge your attention" said
Mr.. Thorne, mot to the great volume
Of issues in the case, but to the fact
that there was one proposition in
which there was serious difference OF
opinion and that was the surplus. I
call your attention to the fact that
there is at the present time a situation
in his country which you gentlemen
should not overlook. We are just maxi
Il
can railroads and many phases of that
appraisement are to come up for final
determination before the supreme
court of the United States. If you
gradually pack that tribunal with men
possessing pre-conceived notions
whether honestly or not as to extra
high returns or unreasonably high re-
turns, it is going to be very costly to
the American people.
The larger railroads will welcome
that situation. do not know whether
you gentlemen ever had considered
what tremendous factor simply
variation Of one or two per cent means
with relation to railroad surplus earn
ings"
Senator Fletcher. questioning the wit
ness regarding instructions to Mr. Bran
deis in the letter from the Interstate
Commerce Commission relating to his en-
ployment as counsel in the rate case,
asked if it was not fact that Mr.. Bran
deis was engaged to see that AL sides
were taken care Of
Mr.. Thorne said that there was such
proposal in the commission letter. that
later on in the letter is was specifically
stated that Mr.. Brandeis should under
cause the commission knew that the rail.
roads would be adequately represented.
Mr.. Thorne occupied the stand at two
long sessions of the subcommittee clos
ing his testimony late tonight. Tomor-
row the subcommittee plans to hear rep
resentatives Of the United Shoe Machin-
cry Co., with which Mr.. Brandeis was
once associated as counsel.
Dangerous Nominee
Senator Chiffon asked the witness what
he thought of naming a man for the SUI
preme court who had preconceived ideas
of unreasonably low returns Mr.. Thorne
said that that would be equally danger
Gus.
How can we reconcile the problem"
asked Senator Chiffon. You are assign
ing to us powers that only angels have"
standpoint" Mr.. Thorne contin-
ued, would be to get men who are hon.
est with reasonable ideas of returns. We
are dealing with huge sums. 1t would be
far better to try such issues before men
who have not committed themselves to
high or low returns The
railroads certainly will take great con-
Germ in seeing that class Of men appoint
ed on your interstate commerce commits
sion and supreme court Irrespective of
whether these rates are to be advanced
or not
Mr. Thorne declared that at the re-
hardly knew on which side Mr.. Brandeis
was, and that he took up the matter
with the six other counsel for the ship
pers and public. All but one, the wit
ness said. combined in asking Mr. Bran
deis to speak first at the rehearing argu-
ment so that they would have chance
to answer any position he might take.
Mr.. Brandeis declined, he added, and the
matter was taken to Commissioner Glenn
ents. At the beginning of the argument
however, Mr.. Brandeis announced that
other counsel desired to answer his argu-
ments and that he would speak first.
He had no arguments to which we
took exception" said Mr.. Thorne. IF
he had done so / presume some Of us
might have made it unpleasant for him.
He did not make any concessions as to
adequacy OF revenue as whole He
left that to the commission to determine
where it belonged"
do you wish us to understand that but
for your action Mr.. Brandeis would have
taken some other position?" asked Sen
ator Fletcher.
Il would prefer to make no assump-
tons as to what he might have DONE"
replied Mr.. Thorne. IT am simply mar
rating Incidents" Mr.. Thorne emphasiz-
ed that. strictly speaking. Mr. Brandeis
and he were the only representatives Of
the consumers at the hearing, and COM
mented at length on the difficulties of
getting the consumers side before the
because the shippers were in
terested only in seeing that the rates
were kept horizontal and that their COM
petitors had them"
What are your politics." inquired
Senator Walsh of Mr.. Thorne as he
concluded his testimony.
Republican" responded Mr.. Thorne.
Did you vote for Mr.. Taft?" in
luired Senator Clark. of Wyoming.
Il did not"
Lieut.. Governor John F. Eshleman
If California. president Of the Cali
fornia Railroad Commission at the
lime the advance rates cases were