The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-02-18
BAR DISTRUSTS
SAYS MOORFIELD STOREY
Boston Lawyer Attacks Presidents Nominee as Having
Shown a Lack Of Good Faith in Suits-Whipple
Calls Brandeis High Minded.

WAsHiNGToN. Feb. l7.-Conficting
views as to the fitness OF Louis d..
Brandeis TO serve as a Justice of the
Supreme Court OF the United states were
presented to the senate investigating
committee to-day by two Boston law
yers. both prominent; members Of the
Massachusetts bar.
One OF them. Moorfeld Storey. told
OF Mr.. Brandeis's connections with suits
filed In 1892 which resulted in the re-
ownership OF the New England Railroad.
These suits. he implied. were i~nstiRated
by the New York. New Haven and Har..
ford. the parties named being merely
dummies.
The Other witness was sherman 7"
Whirple. who explained the part played
by Mr.. Brandeis In the Lennox suit. IN
which litigation he Is alleged TO have
forced Patrick Lennox. a Lynn leather
manufactures. into bankruptcy rs coun-
sci for the creditors. after he had ad-
vised Lennox as counsel to assign his
property to a trustee.
Mr.. Whipple's attitude was decidedly
friendly to Mr. Brande!s. as MIR. Siorey's
was uncompromisingly hostile. The
former commended the Presidents APP
pointee as n man OF lofty Ideals and
unsullied motives. lie held to the point.
however. that Mr.. Brandeis. although
with an unselfish purpose in view. had
made 4 mistake in the Lennox bank
ruptcr proceeding.
Much Of the hostility displayed toward
Mr.. Rr,ndeis nv members OF the Bos-
ton bar. he added. although not alto
gether justified. was the fault OF Mr..
| Brandeis himself. who wrapped him
self IN the self-suficient purity OF his
| own conscience and held aloof from hls
associates.
Mr.. Brandels he pictured as "a man
Of simple tastes. living In simplicity
! careless OF money. deNoting himself 10
humanity In spite OF this tribute Their
was some divergence " opinion as !"
the probable effect Of Mr.. Whipple $ teS-
tlmony, mainly because of his illusions
To Mr.. Brandeis's tempenrienial recu-
liaritles.
Nr. StOrrH'a Testimony.
Mr.. storey. one Of the Oldest menu
bers Of the Boston har. gave TINS d'-
count Of the suits against the New
England road
"Iu ,he spriuc of 1892 the New Haven
railroad undertook to- destroy the Ne"
England Railroad Is ~ competitor IN
the spr.ug OF 1892 Nj. R'ahdeiS' a'''ns
apparently for one Goldsmith a "os'oh
! liquor dealer. brought a series al SUITS
aimed to para re the frames and op-
eutiors OF the New England road. ohe
was To proven, payment Of preferred
| dividends another to prevent inc issue
of bonds another attacked leases am
franchises. Ten suits III all were
brought
"In the spring Of 1895 AT the instance
OF certain dealers IN produce the Massh-
I chusetts Legislature appointed q ROM
mittce to consider the relations petweeh
the two roads. | conducted the hearings
and MIR. Rrandeis testified mat ne WAS
principal counsel IN those SUITS, inc re.
sui, OF those suits was that the credit
az IN. New England road and its earn
!nys were cut of. and IN the fall OF lN's
"A rcceiyership was established from
which IL emerged AZ "A part OF the New
Haven.
AT the investigation Mr.. Brandeis
testified that Goldsmith was his client.
I asked him who paid the bills. ana ne
declined To answer. II turned out that
Mr.. Goldsmith was the owner OF Sixty
shares Of New England stock worm
about 50. 600, and was not III a posil'oh
to incur the expense OF six months en-
81 hA-h M
I ~. ,h, s,i,. tho ii.t az stakeholder
~, over aud ,h. name of
20, .th an, so,oc,ed as p,aintiff.
.~uit. Not In Good Faith"
1T is apparent THAI the suits were
mo, in good faith. but for the purpose
Of iniurinr the New England road. II
was clear that Goldsmith was not Mr..
Rrandeis's client. that he never regarded
him as such. and that he took orders
from somebody outside. This OUTSIDE
person mag an nrasid.r, NJ tho Long
Ne" 'oIN, Wv" -, .va ho.r tho
"a
New nav" gov" t,,.r ir,.roe,.d ir
ina. p"'E o., mr. w.s no, II
.he ~" ~" 80 .snn y,hv bis
ne waS, 'here ""H y" ,;,.
name S""u'u W. ,,,, so,,a
ana u ho' t"e" !, 40, his.