Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-16
Inquiry Now So Broad That
Committee Decides to Hast
en- Work of Both Sides.
SHOE MACHINERY HEAD
OCCUPIES STAND TODAY
S. W. Winslow, Who Charges Ap-
pointee Approved Practices, Later
Condemned as Illegal, Testifes.

Investigation of the fitness of Louis
the Supreme Court bench has so broad
ened out that the Senate investigating
decided today that its work
would be expedited if both sides pre-
sented testimony under the guidance
of attorneys.
Austen G. Fox Of New York, who ap-
pears as attorney for President Lowell
Boston bar who oppose Mr.. Brandeis.
greed to take charge of presenting
the evidence against the nominee, and
the committee asked G. w. Anderson.
United States attorney at Boston, to
take charge of presenting evidence for
Mr.. Brandeis. Both lawyers accepted
and serve without pay
Today's brief session was occupied by
S. w. Winslow. president of the United
Shoe Machinery Company. who charges
that Mr.. Brandeis, as an attorney and
director of the company, approved GER
tain practices which he afterward con-
demned as illegal.
Executive Session Held.
DcloIS VI
Winslow was begun the committee
held protracted executive session.
Senator Hollis of New Hampshire. who
is not a member of the committee. was
called in, and later Mr.. Fox was called
Senator Hollis later consulted Mr.. An
derson, who is watching the interests
of Mr.. Brandeis a the hearing, and Ed
ward F. McClennen: Mr.. Brandeis' law
IT CT al tnnf hn
ference related to procedure in the
hearing.
1t was after the executive session
that Senator Fletcher, acting chair
man. announced that Mr.. Fox had come
to Washington in the employment OF
Mr.. Brandeis, and would arrange the
of the testimony. The
committee was willing to have that
done. and it was arranged that Mr.
Anderson would act for the committee
TO see that Brandeis' side was devel-
oped. He said Mr.. Fox would file list
OF persons employing him.
Appears for Committee.
Mr.. Anderson said he wanted to ex-
plain that he did not appear for Mr..
Brandeis or his friends. but for the
committee, and that he had some per-
sonaI knowledge of the case. particu-
larly so because he had been United
States attorney at Boston.
Mr.. Winslow then resumed the stand
for erosk-examination by Mr., Ander-
son.
The first question was whether suits
were not now pending in Boston and
ST Louis to test the validity of the
much discussed tying clause in. the
leases of it's machines. Mr..
winslow protested, but finally stated
the nature of the suits.
Explains Company's Suits.
Mr. Winslow began by explaining
that the company got favorable de-
cision in the first suit: that the gov
ernment now was appealing. The
second suit was brought under the
new federal trade commission law
and is pending in ST. Louis. .
There was long line of questioning
about the tying clauses. during which Mr..
Winslow said they existed before the
United company was organized. Ques-
tions by Mr.. Anderson were intended to
show that when Mr.. Brandeis resigned
it was because he did not agree with
show that Mr.. Brandeis expressed his
Of the tying clauses and that
his firm ceased to act as counsel for
the United. MIR. Winslow insisted he
knew of no other cause for Mr.. Brandeis'
withdrawal from the United board than
that expressed in his letter of resignation
which said the estate he represented no
longer needed member in the di-
rectorate.
Mr.. Anderson sought to pin the wit
ness down to an exact conversation
with Mr.. Howe and Brandeis early in
1907.
81 only remember" said Mr.. Winslow,
that the tying clause question was
again before the Massachusetts iegis-
[ature, and we went to see Mr.. Brandeis
about it. Mr.. Brandeis told US that we
ought to make some changes in oar
leases. We asked him for some con-
crete suggestion. but he did not give
it. We carie away II a Al ,-A:. =
ence with the feeling that Mr.. Brandeis
would not assist us, not expressing
himself clearly as to what was in his
mind" X
Declines to Answer Question.
Had anything happened before that
which prompted you to suspect that
Mr.. Brandeis thought you should
change your leases" Senator Walsh
asked.
Il won't say" said Mr.. Winslow,
whether anything had occurred to
give us the idea that Mr.. Brandeis had
changed his mind. He did take the
position. however. that he would not
suggest how we should change our
leases"
Hadn't you told him you would not
change your leases and didn't he. say
he was sorry he would have to part
with your company" Mr.. Anderson
asked
There may have been some such
statements made at our conference"
Mr. Winslow replied.
Didn't that interview grow out of
mis- request asking you and your coun-