The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1916-03-14
Other Ex-Presldents Of Amerl-
loan Bar Association Join In
Opposition to Nominee.
ATTACKED IN COPPER CASE
William r. Fitzgerald Testlfies
He Favored Suppression in
Report.

In letters. presented today to the COM
mittee In 'iirihy to- the fitness OF
Louis ID. Bran,.cls to i.e justice Of tie
United 'ytHtes Supreme Court, William
Howard Taft, Elihu Root, Joseph H.
Choate, and other former presidents Of
the American Bar Association, went on
record as opposing confirmation OF Mr..
Brandeis.
of those mentioned and also OF Fineon
ID. Baldwin and Francis Rawle. A sepa-
rate letter was filed from Peter w.
Medium. of savannah. Ga.
The first letter stated.
The undersigned feel under the pain
full duty to say to you that In their
opinion taking into view the reputation.
character. and professional career OF
Louis d. Brandeis. he is not fit per-
son to be a member OF the Supreme
Court of the United States"
The letter from Mr.. Medium was sim
liar In character.
Concerning Copper Deals.
The Bran1eis hearing was reopened
this morning before the subcommittee OF
the Senate Judiciary Commltte to hear
testimony regarding Mr.. Brandeis' con-
nectiop with the Old DOMINION Copper
and .Smelting Company case, In which
promoters were required by court de-
cree to refund 100000 to the company.
William f.. Fitzgerald. of Towle and
Fitzgerald. stockholders OF oBston, and
who now is treasurer OF the Democratic
ottate committee OF Massachusetts.
charged Mr.. Brandeis with favoring the
suppression Of a report from the stock
holders, and with recommending q
scheme for financing the company which
Mr.. Fitzgcrald regards as illegal.
preliminary to his testimony Mr.. Fits-
gerald said he had been called by the
II think Mr.. Brandeis likes to get
himself in the light Of being prosecuted.
! am not trying to prosecute him, though
l dislike him very much"
Brandeis was retained by him and GER
tain of his customers who had invested
In the Old Dominion Company. Later
Mr.. Fitzgerald and his followers got
control Of the Old ,oDminion Company
and the Phelps-Dodge Company CO.
operated with them In the rehabilita-
ton Of the Old Dominion Company.
How It Happened.
Mr.. Fitzgerald said 1t was proposed
to consolidate the Old Dominion and
tho United Globe Company, a Phelps
was engaged to look into the relative
values OF the Old Dominion and he
United Globe. and that this engineer
reported unravorabiy as to the latter Z
According to Mr.. Fitzgerald. Mr..
BrandeiB argued for the concealment
of this report. and when Mr. Fitz-
You had better get on the band
wagon. The money is with the Phelps
Dodge people,
Walsh; Mr.. Fitzgerald admitted that
his partner, Mr.. Cowle, also had ad-
vised withholding the report.
Edward, +. McClennen, partner OF
MT. Brandeis, was called to the stand
and began a lengthy review Of the old
Dominion Company case. He was halt
ed by Senator Walsh, who said the only
points in which the committee was In
port and the financial plan said to have
been recommended by Brandeis.
Planned Securities Company.
This plan. as described by Mr.. Fitz-
gerald. was to form a securities COM
pany. Offering the old stockholders the
first chance to subscribe and dividing
among thom as bonus 5000 shares
of old Dominion stock free OF charge
Mr. McCiennen read a letter from MT
Brandeis to Mr.. Fitzgerald, stating
that Mr. Brandeis as counsel for the
Old DombIion Company had no power
to Issue Statements to stockholders.
In his letter Mr.. Brandeis also point
ed out that under the consolidation
stockholders of tho Old Dominion would
profit moro largely than. they had In
The past,
Mr.. Brandeis asserted In the letter
that the Old Dominion property had
erned nothing in the past eight years
and that even the rumor of consollda-
ton had caused the stock to jump from
SR 70 HI2 Its mar value was 22b