Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-02-07

Commerce Commission with q request
that they be permitted to advance their
freight rates. AS any advance in the
rates east Of Chicago would strongly
affect the producers and shippers Of the
west, the railroad commissioners. and
various shippers organizations Of q
number Of western states. organized to
fight the advance, and Clifford Thorne,
OF the Iowa railroad commission, was
chosen as the chief attorney for these
organizations.
To the end that the shipping inter-
ests Of the east also should be repre-
scented, the commission. on it's own
motion. appointed Mr.. Brandeis as an
attorney to represent the public as a
whole
Hearings were begun before the
commission. Mr.. Brandeis worked In
entire harmony with Mr.. Thorne and
the other gentlemen who were en-
deavoring to protect the interests of
the shippers. In the course OF the
hearing, Mr.. Thorne went on the stand
and introduced a large number OF ex-
hibits prepared to show, the condition
of the roads. their earnings in the
years past, comparisons of their con-
dition at that time with previous years
and so forth. Mr.. Brandeis was pro-
fuse in his compliments Of Mr.. Thornes
testimony. He pronounced his EXHIBITS
as wonderful. He agreed with the posi-
ton Tlhorne had taken.
When the time came for the various
attorneys 10 present their arguments
to the commission, Mr.. Brandeis came
last on behalf, OF the shippers. The
issues We're squarely drawn. Ihey
We're: First, do the railroads need
more revenue?
Second. If they need more revenue.
how are they to get 1t?
To the uubounded amazement Of the
other representatives of the shippers,
Mr. Brandeis. in the closing argument.
that the railroads did need
more revenue. He argued that they
should be permitted to create sur
plus. as
Clifford Thorne then stated to, the
that he thought the matter
could be arranged without trouble.
Mr.. Brandeis then announced that he
that some OF the shippers
attorneys desired that he should speak
before them. and he would have no obs
lection.
Commissioner Clements then re-
ferred to list which had been sent up
to him. giving the speakers on behalf
OF the public. He read this list. and
that If there was no pbjee-
ton, that would be the. order. This
placed Mr.. Brandeis first the. seven
attorneys for the shippers following.
Mr.. Thorne concluded the case on be-
half of the shippers.
Here, then, we find elevated to the
supreme court of the United States,
the highest judicial tribunal in. the
world, a man who, when acting as at
torney for the shippers. denounces as
nigga rdly" a rate of return to the rail-
roads which the interstate commerce
in 1910. after special i'm
unanimously pronounced as
SO
We find elevated to the supreme
bench a man who. without notice to
his associates, and speaking after they
had made their arguments comedies
issues which they had won by the evil,
dence submitted.
Anyone familiar with the record
made by Brandeis in this case would
have said week ago that this sap-
pointment would be unthinkable. 1t
seems uncomfortable that President
Wilson would knowingly reward with
such an appointment, n man who had
been guilty of such conduct; man
who, with his limited experience,
to say that railroads shall
be permitted to earn sum consider
ably in excess OF what the expert
members OF the interstate commerce
had found to be reasonable
and just. thus being committed in adj
vance on a vitality important question.
1t is not surprising that within nine
ty days after the arguments in this
case Were made, Mr.. Ripley. president
Of one Of the great railroad systems of
the country, should say: THE writer
would have no hesitation IN recon-
Louis d. Brandeis to the SUI
preme bench, for the country and the
court have need OF just such ability"
No doubt Mr.. Ripley, who evidently has
the honor Of first having suggested
such an appointment, and other gentle-
men. who represent the railroad In
terests, are highly gratified over the
appointment Of Mr.. Brandeis.
we can not believe that the senate
will, by confirming Mr.. Brandeis' ap-
such an honor TO one wiiose TeSo::-5a IL
this one case shows him TO be SO un-
worthy OF It.
He was interrupted by Mr.. Thorne.
who said. in effect: "You understand.
do you not, that agree that the roads
should be entitled to earn a surplus ?
70 which Mr.. Brandeis replied: Yes.
but a nigEardly one, Z! 4, a
Mr. Thorne had conceded that, the
roads should earn what the interstate
commerce commission. In 1S1e . had
unanimously pronounced reas01ARlS,
namely rs per cent Z u, IS
The evidence submitted by the roads
in this case showed that they were
earning 81 per cent on all their OUT
standing capital stock, after paying H-
.terest on their Indebtedness. ana after
paying all operating expense, taxes,
and fixed charges. In the face Of this
evidence, with which he was th0r0ly
familiar. Mr.. Brandeis argued that they
were entitled to more money than they
were earning. 4fs 81
When, on the rehearin&. the time
came for oral arguments, eight attor-
.nsys for the public took part ~ the
oral argument.
Mindful of their previous experiences
with Nj. Brandeis six Of the eight at
,tosneys VINO Represented r;is = per
Joined n requesting Brandels 70 speak
afst- They felt that AZ he proposed 70
again tAke the side Of the RAILROADS..
they on behalf OF the shtpperA Wiglssd
m 6pportunity 70 reply 70 lsat ne