Show BRANDEIS DEFENDED BY INTERSTATE A If MAN Charge That Bench Nomi Nomi Nominee Nominee I nee Concealed Attitude Is Chal Challenged COMMITTEE ARGUES Witness Says Candidate I Made Position Cl Clear r as asto to His Attitude W WASHINGTON Feb 1 10 O. O James W. W Carmalt chief examiner examiner examiner exam exam- iner of the tile interstate commerce commission before the senate senat subcommittee investigating th the nomination of ot Louis D. D Brandeis to th the supreme court bench tc today day challenged challenge the declaration of ot Clifford d Thor Thorne e chairman of ot the Iowa railroad commission commission commis- commis sion that Brandeis had concealed from him the attitude he would take in ar arguing ar- ar arguin guing guin the Eastern freight rate lat case be before before before be- be fore the commission Yesterday Thorne who was associated ed with Brandeis in the trial of ot th the rate cases of ot shippers and the commission commis commis- SI sion l declared they were dumfound ea when Brandeis at the outset of ot hi his closing argument conceded the contention con con- of ot the railroads that existing rate returns were inadequate for U th the e prosperity of ot the roads and the best bes interests of the public There js is one incident firmly fixed in my mind Carmalt said regarding a conversation Which Mr Thorne had hat with me on the second rl Hav v nt n f 4 fh v in li-i the rate rate rate- C case se Mr I h Thorne r I 1 understand stated that when th the commission fixed the allotment of ot time tim for attorneys to argue the c case cise e he ha had asked the privilege of being permitted to follow counsel for the shippers in instead in in- stead of ot opening the argument Made Position Clear Mr Thorne Thorns asked me what Mr 11 Brandeis' Brandeis position would be in the ar ar- ar- ar There was was vas no doubt in my mind what Mr 11 Brandeis' Brandeis position would be I had discussed d with him and l h 11 lad had told me There certainly wa was wa- no disposition no n n- nto to 0 conc conceal t l it fron Mr Thorne Thome I 1 1 am m confident that I told i Mr 11 Thorns Thorner that Mr Brander Branded would wo ld I take the position that the net operating I income of ot the carrier was not adequate adequate ade ade- quate with special stress on the thc Central Central Cen Cen- Freight association territory Further Further Fur Fur- ther I said he would take tale the position that the meth methods ds pursued d by the carriers carriers carriers car car- to obtain greater revenues through a horizontal 5 6 per cent in in in- c cf ease were not the proper ones ont's I 1 am quite clear that it was as the result of ot this conversation that Mr Thorne Theme wrote wrote- Mr Brandel a askIng asking ask ask- ing about a change in the allotment of ot time I If Ii is very strongly my impression sion ston that because Mr 1 Thorne Theme recognized I the attitude Mr Brandeis would take that Mr Brandeis got the concep tion that Mr wanted an opportunity opportunity to answer er him in addition to his main argument in the case Carmalt was called to the stand on suggestion of ot George W. W Anderson United States district attorney in Bosto Bos- Bos to ton who is attending the His testimony was regarded by friends o ot of as ai b being very much in his t favor voi- voi Developed Whole Wh Whole lc Case Chairman Chilton stated that his un un- un- un was was' that was was' was employed t to assist in developing alsides all al sides of ot the case and asked Carmalt It If Brandeis helped helped Thorne Thorne develop his side Garma t replied that he did am and and sa bam saiU it that the data collected olle ted from the I railroads by the commission under the direction of general o Brandeis was available to all I Senator Clark asked If it Brandeis Brandeis' was not employed o the other side ot Df the case on the assumption that the side railroads ds' ds sid would b be r adequately telY cared for fHe f He was not retained for the therall railroads railroads rail rall- roads responded Carmalt He was I to whole case I Including the the case case for tor the lall i roads 1 I he commission assumed tJ the 6 r railroads railroads' dB c case se would be taken takei care car care of ot their by attorneys Were Mr Brandeis' Brandeis activities devoted de tie- voted to t tIe the desire of ot the T r railroads asked the senator The record 1 I think shows that they they- f Continued on page 2 BRANDEIS DEFENDED I Continued from page 1 were employed employed to d develop the other side the shippers shippers' When you you told Mr Thorne Thome of the conclusions Mn l Brandeis had reached asked Senator Clark did he express surprise Yes res he did In Tn response to Senator Walsh Carmal Carmalt Carmalt Car- Car mal malt said there never was so far as he Knew mew a conference of ot attorneys representing s the shippers to exchange views on preparation of the argument in the case Under cross examInation by Senator Cummins Car Carmalt malt testified Brandeis did not hot ot merely state his view that the then thenet thenet n net et return of the railroads was insufficient insufficient insufficient but he lie announced that such uch would be his position in the argument of the case Did Mr 1 Brandeis discuss the propriety propriety pro pro- of his making this concession I which h was the vital point point point-of of the case made up by Mr Thorne asked Senator Senator Senator Sen Sen- ator Cummins No 10 it did not occur to me as being heing improper improper Carmalt's testimony then ended and the subcommittee had an argument over ove the conduct of t the le hearing Want Facts Only I This investigation Senator Walsh I said is is for the purpose of developing facts to 10 advise the committee with re respect respect respect re- re to the fitness of ot this nominee Wit Witnesses have been allowed to ex express express ex- ex press in a general way opinions formed con concerning the nominee I am led to believe that some of ot the witnesses summoned know little about substantial facts but have only l learned amed things through the press or from common rumor ru ru- ru mor I shall Insist that witnesses be confined hereafter to telling specific facts affecting t the e propriety of confirmation con con- of this nominee I have in mind C. C W. W Barron Barren of ot Boston who was called d here because of ot an editorial on on this this' matter S Senator Clark protested This is an inv investigation and not a trial he ha saidI said I t shall hold that witnesses shall not be prejudged before they take the stand Fair to Br Brandeis S Senator n tor Cummins took the same at at- at lita Frank Lyon attorney for the commission com corn mission lon in the 1910 rate case and at attOrney attorney attorney at- at torney for the Pittsburg Coal company I at tie the 1913 1113 case testified that he considered considered con con- Mr Brandeis' Brandeis brief briet in the 1913 cas' cas was an impeachment of the contention contention contention con con- of the tho railroads in that he pointed out how th they y could get Increased in increased In- In creased d revenues in a matter vastly different from their own proposals Responding to further questions by Senator Cummins Lyon said L think it is only fair to Mr Bran dei to say that I was an unimportant of the commission in 1910 as assigned as- as signed sigred to the rate case Mr Brandeis was brought in as an important Individual individual Indi indi- vidual from the outside and might have havea a a. differ different nt point of ot view from mine said Lyon S Senator Cummins characterized that statement as an argument |