El Nuevo mexicano., 1916-02-10
.BRANDE|S IS
ACCUSED Of
MISCONDUCT
At THE BAR
Double Crossed Shippers
Charge Against Bench
Nominee
ARGUED I'M FAVOR
OF AN INCREASE
Senate Sub Committee
Starts Probe Of Court
Appointee


(By Leased Wire 70 New Mexican0
Washington. p. C., Feb. 9.-Investi-
cation Of President Wilson's nomina-
tion Of Louis ID. Brandels Of Boston to
the Supreme Court Bench was begun
today BY d senate subcommittee
WEIGH first heard Clifford Th0rne,
Chairman of the Iowa board Of rail-
road commissioners. who was 1850
ciated with Mr.. Brandeis in the fight
against giving the eastern railroads
increased freight rates. MIR. Thorne
assailed the conduct Of Mr.. Brandeis
in that case.
y believe the nominee before this
committee was guilty 0f ~iniidelity. Of
breach Of faith and Of unpr0fessiOnal
conduct, with one of the greatest
cases OF this generation he said.
MT. Thorne charged that Mr..
Brandeis, as an attorney, appearing
for the shippers, conceded that the
rate return to the railroad was in
ADEQUATE and that MI. Brandeis in his
opening oral argument to the inter-
state commerce commission, conced-
ed that the returns were Inconsistent
with prosperity Of the railroads and
welfare of the public.
II was simply doufoundedsg de-
clared Thorne.
AT the beginning Of the hearing, the
subcommittee ovted down q proposal
to have the full committed hear the
case. That was regarded by some as
a first victory for Mr.. Brandeis on the
ground that the subcommittee was
favorable and that the full committee
hostile. The full committee, how
ever, will act on the sub-committee's
report and senators who are not one
side or the other protested to see mo
particular significance in the action.
Senator Walsh c~ontended that
Thorne had not made himself clear as
to Mr.. Brandeis' position. The issue,
the senator thought, was the gross
revenue and not the net. Thorne I'M
sisted that the issue before the COM
mission concerned net revenue. Mr..
Thorne agreed with Senator Walsh's
statement that his position before tile
commission was that the net reye-
nue., notwithstanding any u~nscientifc
management was adequate, and that
Mr.. Brandeis' position was that the
net revenue wal inadequate and
should be increased by charging for
certain s~pecialties.
Senator Cummins inquired if Mr..
Thorne's position was that the public
should pay no more to the railroads
and Mr.. Brandies' position was that
the public should pay more.
Mr.. Thorne agreed that that was a
fair statement.
eMr. Brandeis contended the pass
enger rates should be increased and
that the mail pay should be increas I
ed" declared Mr.. Thorne.
Those would have added addition
al burdens to the public"
Mr.. Thorne read from Mr.. Brand
els brief to show Mr., Brandeis knew
two points were before the commits :
sion for consideration: first, Adequacy {
Of the revenue, and second. If made. !
guate, how additional revenue could
be secured. 4
When he first received a copy Of 2
Mr.. Brandeis' brief. Mr.. Thorne said
PC was surprised to find nothing in I
il about adequacy Of rates. He asked
Mr.. Brandeis what his position was e
10 be, and the latter responded he be-
lieyed some Of the roads we're not 4
earning enough money. and he thought t
conditions we're unsatisfactory in a
Ohio. Michigan and Indiana. u
sAt the opening Of Mr.. Brandeis =
oral argument, he made this state i
began Mr.. Thorne. reading
from tbs, record:
"0n the whole. the net income and
The net operating revenue in official
classification territory are smaller
han are consistent with their pros
rerity and the welfare Of the public
md conditions are bad in Central AS !
.ociation territory, and also other I
roads because of the Central Associa- '
ion scales .
= was simply dumfounded by the 1
statement" declared Mr.. Thorne :
For four years the railroads had been /,
lighting "a establish that before the :
interstate commerce commission.
rhey had carried on a nationwide
propaganda in newspapers, magazines.
peeches and il every conceivable r
manner. I an not saving dishonestly. ;.
Il was ~dumfoanded to hear at the /,
.onrlusion Of this great case involv !
ng $50, 00.000 annually. interest on = a
lllion dollars-if you adopt the stand b
I'd Of dollars and cents, the greatest Al