Pine Bluff daily graphic., 1916-02-11
l. c. c. Examiner Defends Nominee for Associate
 Justice Supreme Court.
DECLARES THORNE WAS NOT MISLED
Iowa Railroad (omlnis-i6Her Was Told Attitude MT. Braadeis Would Take. Says iaarmal! -Coa,Mlt1cc.
 men Disagree OH Evidence.

Washington. Feb 10.-~James w. Carmalt. chief examiner of the inter- state commerce commission. today challenged before the senate sub- committee Investigating the nomina- tion of Louis D. Brandeis to the sl- preme court bench, the declaration of Clifford Thorne, chairman of the Iowa railroad commission, that MT. Brandeis had concealed from hiih the attitude he would take in arguing the Eastern freight rate case before the commission.
 Yesterday Mir. Thorne, who was as soeiated with Mir. Brandeis in the tri- al of the rate case, declared he was "dumbfounded' when Braadeis, at the outset of his closing argument, con- ceded the contention of the railroads that existing rate returns were in adequate for the prosperity of the roads and the best interests of the public.
 There is one incident firmly fixed in my mind," said Mir. Carralt, Ire garding conversation Mir. Thorae had with me on the second day of the argument in the rate case. Mir. Thorne. understand. stated that when the commission fixed the allot- ment of time for attorneys to argue the case he had asked tho privilege of being permitted to follow counsel for the shippers instead of opening the argument.
 Thorne Not Misled. .g,s
 "Mr. Thornc asked mo what Mir. Brandeis' position would be in urgu- ment. There was no doubt in my mind what MT. Brandels' position would be. I had discussed it with him and he had told me. There cer tainly was no disposition to conceal it from Mir. Thorne. l am confident that told MT. Thorne that Mir. Bran deis would take the position that the net operating income of the, carriers was not adequate, with special stress on the Central Freight association territory. Further, I said he would take the position that the methods pursued by the carriers to obtain greater revenues through a horizontal five per cent increase was not the proper method of increasing their revenues. #t{
 q am quite sure that it was as the result of this, conversation that MT. Thorne wrote to MT. Brandeis q note asking about change in the allot- ment of time. It was very, strongly my impression that because Mr. Thorne recognized the attitude Mir. Brandeis would take that Mir. Bran- deis got the conception that Mir. Thorne wanted an opportunity to an swer him in addition to his main ar gument in the case.
 MT. Carmalt was called to the stand oa suggestion of George w. Ander- son, United States district attorney in Boston. who is attending the hear ings. His testimony was regarded by friends of MT. Brandeis as being very much in his favor
 Chairman Chiffon stated he under stood MT. Brandeis was employed to assist in developing "all sides of the case" and asked Carmalt if Brandeis helped Thorne develop his side.
 Carmalt replied that he did.
 When you told Mir. Thorne of the conclusion Mr. Brandeis had reach ed" asked Senator Clarke. did he eX- press surprise?"
 .'Yes."
 Answering Senator Walsh. Carmalt said there never was, so far as he knew. a conference of attorneys rep resenting the shippers to exchange views on preparation of the argument in the case.
 Did Mir. Brandeis discuss the pro- priety of his making this concession which was the vital point of the case made; up by Mir. Thorne?" asked Sen ator Cummins,
 'No. It did not occur to me as be- ing improper"
 Committee Disagree.
 Carmalt's testimony then ended and the subcommittee had an aigu- ment over the conduct of the hearing.
 This investigation" said Senator Walsh. lis for the purpose of develop ing facts to advise the committee with respect to the fitness of this nominee. I am led to believe that some of the witnesses summoned know little about substantial facts, but have only learn- ed things through the press or from common rumor. shall insist that witnesses be confined hereafter to telling specific facts affecting the prOpriety Ol confirmation of this nom inee"
 Senator Clarke protested.
 "This is an investigation and not a trial" said he. "I shall hold that witnesses shall not be prejudiced be- fore they take the stand"
 Senator Cummins took the same at titude.
 Frank Lyon, attorney for the com mittee in the 1910 rate case and at torney for the Pittsburgh Coal com pany at the 1913 case, testified that in the latter case, he considered Mir Brandeis' duties the same as those he fLyonsl had performed in 1910, and he had regarded himself as bound 70 bring to the attention of the commits sion any facts favorable to the rail roads as we'll as to the shippers.