New Britain herald., 1916-02-10
CARMALT SCORES
 THORNE'S ATTACK
 ON L.D. BRANDEIt
Challenges Declaration That Su preme Court Nominee Con-
 CeaIed Attitude
HE WOULD TAKE IN ARGUING
 THE FREIGHT RATE CAS|

Chief Examiner of I. c. C. Sure H
 Told Chairman of Iowa RaiIroaS
 Commission Position Mir. Brandea
 Would Take in Controversy-Scna
 b-Committee Has Argument Ov4
 Conduct of Hearing.
 Washington, Feb. 10.-James Carmalt, chief examiner of the intel state commerce commission, befol the senate subcommittee investigl ting the nomination of Louis D. Bras deis to the supreme court bench, todd challenged the declaration of CliffoI Thorne. chairman of the Iowa ra road commission, that MT BrandeI had concealed from him the attitul he would take in arguing the easteI freight rate case before the comm sion.
 Yesterday MT. Thorne, who was a5 sociated with MT. Brandeis in trial of the rate case for shippers a the commission, declared he VI umbfounded" when Brandeis at outset of his closing argument col ceded the contention of the railroaA that existing rate returns were inads auate for the prosperity of the roaz and the best interests of the public. E
 Only One Incident.
 '.There is one incident firmly fix } in my mind." said MT. Carmalt garding a conversation MT ThoTH had with me on the second day of argument in the rate case. MT Thors I understand, stated that when commission fixed the allotment time for attorneys to argue the caM he had asked the privilege of beiK permitted to follow counsel for N shippers instead of opening the areM ment. .t
 MT. Thorne asked me what Brandeis' position would be in the K gument. There was no doubt in M mind what MT. Brandeis' posit H would be. I had discussed it va him and he had told me. There c tainly was no disposition to concea from Mr. Thorne. am confid# that I told MT. Thorne that MT. Br5E deis would take the position that operating income of the carriers not adequate, with special stress the Central Freight association teIM tory. Further, I said he would tt the position that methods pursued 8 the carriers to obtain their reven @ through horizontal five per cent. M crease was not the proper method increasing their revenues.
 Recognized Brandeis' Attitude. &
 "I am quite clear that it was E. result of this conversation that Thorne wrote MT. Brandeis note M ing about a change in the allotm # of time. It is very strongly my # pression that because MT. Tho # recognized the attitude Mir Brand r. would take that Mir. Brandeis got N conception that MT. Thorne wanted E. opportunity to answer him in addit # to his main argument in the case.
 MT. Carmalt was called to stand on suggestion of George W. derson, United States district attM ney in Boston, who is attending hearings. His testimony was rega & ed by friends of MT. Brandeis as be M very much in his favor.
 Data Available To All.
 Chairman Chiffon stated that understanding was that MT. Bran was employed to assist in develop "aII sides of the case" and asked malt if Brandeis helped Thorne velop his side. CarmaH rePiieu he did. and said that the data lected from the railroads by the e mission under the general direcuos MT. Brandeis was available to
 Senator Clark asked if MT. Bran was not employed to develop "other side of the case" on the sumption that the railroads would be adequately cared for.
 Not Retained For Roads.
 He was not retained for the roads," responded Cermal+. ''1Fn to develop the whole case. I tn the commission assumed th roads case would be taken care of their attorneys"
 Were MT. Brandeis' activi' ies voted to the side of the railroa asked the senator.
 ''The record, I think shows they were employed to develop other side" (the shippersl.
 Thorne Expressed Surprise.
 "When you told MT. Thorne of conclusion MT. Brandeis had re- ed," asked Senator Clarke, did express surprise?''
 "Yes. he did"
 In response to Senator Walsh malt said there never was, so fa he knew. a conference of attor the shippers. to eNcha
 Continued On Eleventh Page.