The Bridgeport evening farmer., 1910-03-26
BALLINGER
 NOT CALLED Counsel for Pinchot Makes Vigorous Protest Against
 Decision of Committee Fears Secretary Desires to Withhold Testimony to Frame It Up So As to Reconcile It With that of Other Witnesses.
Especial from United Press.) )

l
 of the Interior Ballinger will not be called to the stand in the Congress
 sional inquiry until his own attorney
 gives the word. The committee today,
 after an executive session. refused to
 grant the request of Attorney Bran
 deis on behalf of the prosecution 1 that Ballinger be called at once. Brandeis made a vigorous protest against this decision.
 f'In order that there may be no mis- understanding" said Brandeis. sI pro- 1 test against the action of the commit tee in doing what it seems to me must l result in denying to the committee and to those who are watching care l fully the proceedings, the best oppor- tunity to arrive at the facts.'' This is not matter for afgument,'' ,'' 1 broke in Chairman Nelson. But" in sisted Brandeis, red with anger, 'T desire to make an inquiry. I want to
 know when Secretary Ba1linger will come and testify before this commit tee, and specifically whether he will timony2''
 q will says" interrupted Attorney Vertrees. counsel for BaHinger, that
 the close of MT. Steele's testimony. He will come when we call him and not before g
 "I desire to make another inquiry" shouted Brsndeis, interrupting Chair man Nelson. 'T have refrained from
 making any specific charges against secretary BaIlnger, put specific charges have been made by others and it must be apparent to the committee and to everyone else, that the one and great question before the commit tee and before the country is whether MT. Ballinger is unfit for the position he now occupies. by reason of a lack of truthfulness and directness in his position.
 That is the issue which was brought to the attention of the com
 nittee by MT Pinchot He has been fa17r 1 Tlf with wiIfullv deceiving the President. Therefore the order and circumstances under which MT. BaI1inger is to testi- fly are of paramount inporte nee.
 t'As veracity and straightforward- ness have long become issues in this case should think that this witness, jected to the ordinary tests of vera city and straight ghtforwardness to which everrT witness is subjected in any legal proceeding.
 to withhold his testimony in order that he may frame it up so as to already heard? Or is this witness to be trusted as any other witness, to be called when the exigencies of the in- quiry require it, and when the inter- eStS of truth and truth only. depend upon it 7''
 Continuing Steele said that they wanted the jurisdfction insofar as the making of rates on their Alaska rail- road was concerned, kept with the Secretary of the Interior Department and not lodged with the Inter-Statel Commerce Commission. Steele then declared that it was his opinion that the Guggenheim railroad should be ex- enpted from taxation for period of five years-just as a number of other railroads were demanding.
 At this point Root insisted that the question had already been decided and Representative Graham contend ed that Brandeis should be permitted to argue his protest. Finally the hearing of testimony was continued
 John N. Steele, of the legal staff of Morgan-Guggenhe system then ex- to testify because of a published story to the effect that the Guggenheims had paid big sums of money to the Cunningham claimants. The witness presented an expense account which he said covered the only money spent about $1,0OO.
 Brandeis then questioned Steele as to the sub-partfcipants, as he termed them, in the syndicate. The witness said that the only ones he knew were on the Guggenhein side and that these were Kuhn, Loeb & Company, H. O. Havemeyer Jr., and a man named Weinberger.
 Asked why he and Birch offered to come before the committee Steele in statements made by Delegate Wickershann of Alaska before a House conn mmittee. It said that the Guggen- helms town the fishes, the mines the railroads, the steamship lines and the rivers-all of Alaska
 said, that induced him and Birch to appear in order to set the public right. He denied the allegations with figures showing that the Guggenheims