Nomination of Louis D. Brandeis; Hearings Before the Subcommittee of the Committee on the Judiciary, United States Senate, on the Nomination of Louis

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... on all hands, and Mr. Brandeis finally severing his connection with the company because he disagreed with the president of the company, that necessarily there must have been conferences between attorney and client respecting these very important matters. Mr. Mcclennen. My own view would be that the predominant thought in seeking the legislation was the possible assumption that they were legal, and that the situation should be cured by legislation. There was no occasion in meeting that legislation to contend the existing terms of the leases were legal or illegal. Senator Works. But as I understand it, your firm subsequently gave an opinion to the effect that they were illegal i Mr. Mcclennen. After the wallpaper decision and opinion was fiven, not that they were illegal under the laws of Massachusetts, ut that they were illegal under the Sherman Anti-Trust Act, which of course was not involved in the legislation in Massachusetts in any way. Senator Works. No; but involved in the general question as to whether those leases should be continued in that form or not. As I understand, that is one of the very questions between Mr. Winslow and Mr. Brandeis, as to whether they should continue to make those leases in this form. Mr. Mcclennen. It was. Senator Works. Mr. Brandeis contended those provisions or some of them ought to be eliminated; whether on the ground that they were illegal or because they were unjust, I do not know. Mr. Mcclennen. That was a discussion that was above and beyond the question of legality at all, whether legal or not. We thought they ought not be maintained. The extent of any consideration of the legality of them, 1 think I have indicated when I say that Mr. Brandeis called to Mr. Howe's attention the possible feet of...