Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-02-11

answer him in addition to his main ar
gument in the case"
Mr.. Carinalt was called TO the stand
on suggestion OF George w. Anderson.
United states district attorney in Bos-
ton. who Is attending the hearings. His
testimony was regarded by friends Of
MIR. Brandein az being very much in his
favor.
Not Retained for Either side.
| Chairman Chiffon stated that his UNI
derstandlng was that Mr.. Brandeis was
employed 70 assist in developing AL
sides OF the case" and asked Mr.. Car
malt II Brandeis helped Mr. Thorne de-
velop his side. Mr.. carmalt replied that
he did and said that the data collected
from the railroads by the commission
under the general direction OF Mr.. Bran
diets was available TO all.
/ Senator Clark asked II Mr.. Brandeis
! wac not employed 10 develop the other
side OF the case" on the assumption that
the railroads. side would not be ade-
/ quately cared for
''IIe was not retained for the railroads"
responded Mr.. carinait HE was to de-
veiop the whole case"
Including tho case for the railroads"
Il think the commission assumed tho
railroads case would be taken care OF
by their attorneys"
Were Mr.. Brandels' activities devoted
TO the defense OF the railroads?" asked
the senator.
"rhe record. think. shows that they
were employed 20 develop the other side
Cthe shlppers)."
when you told Mr.. Thorne Of the
conclusion Mr. Brandeis had reached.
asked Senator Clarke. did he express
surprise9'
yes. he aid"
In response to Senator walsh. Mr.. Car
malt said there never was. so far as b.
knew. a conference OF attorneys repre-
aenting the shippers. TO exchange view
on preparation OF the argument in thu
eaae.
Under cross-examinstion by senator
lCummins, Mr.. Carmait testified Mr.
Brandeis did not merely state his view
that the revenue OF tho railroads wa
insufficient. but he announced that suei
would be his position In the argument o
the cane.
ibid Mr.. Brandeis discuss the propriet'
OF his making this concession which wa
the vital point OF the case made UP b.
air. Thornef'' asked senator Cummina
mo. Il did not occur TO me as beinI
Improper"
Mr.. carmaits testimony then ende'
: and the subcommittee had an argumen
: over the conduct Of the hearing.
difference Among Committeeman.
! "This investigation said Senate
! Walsh. lis for the purpose Of developing
facta 70 advise the committee with TO
. speot to the fitness of this nominee
l Witnesses have been allowed to expires
IN a general way opinions formed con
corning the nominee. l am led 10 be
lieve that some OF the witnesses sum
. moned know little about substantial
facts but have only learned thing
through tho press or from common rumor
I shall insist that witnesses be confine
hereafter 10 telling specific facts affect
ing the propriety OF confirmation OF thi
nominee. have In mind c. w. Barre
OF Boston. who was called here hecaus
. OF an editorial on this matter"
I Senator Clark protested; ''This IL Al
: nvestisation and not a trial" he said
{ Il shall hold that witnesses shall not b
= prejudged before they take the stand"
tude.
Attorney Lyon Teattfies.
; Frank Lyon. attorney for the commits
sion IN the 1910 rate case and attorney 10
A, the Pittsburgh Coal company at the lsi
!. case. testified that he considered Mi
l Brandeis' brief in the 1913 case was a
! Impeachment OF the contention OF the rail
! roads In that he pointed out how the
! could get increased revenues in a mAnne
vastly different from theis own proposals
i, Responding 10 further questions by Sen
|. ator cumminR. Mr.. Lyon said;
: Il think Il 10 only fair TO Mr.. BRANDED
! 20 say that ] was an unimportant en-
! ploye OF the commission IN 1910. Aaslgne
!, 70 the rate case Mr.. Brandeis wa
brought In as an important individuI
from the outside and might have a dii
|. ferent point Of visw from mine" sal
:, Mr.. LSon.
Senator Cummins characterized this
statement a. an argument.
Thomas c. Spelling OF New York. alto
!. ney for the Freight Payers league. con
u planned that Mr.. Brandeis' attorney I,