The Washington herald., 1910-05-11
MySterySurrOUndS Document
Mentioned by Ballinger.
CHAIRMAN NELSON ANGERED
HIS Display of Temper Toward At
tOrney Brandeis and Interruption
by Woman Spectator Is SPectncu-
lar Development of DHy-Investi-
eating Committee in WrangIe.

the Interior Department. FOR President |
Taft, was submitted yesterday by l.. D. |
Brandeis counsel for L. r. CLAWS.
A request was also made that Mr.. Law
Ter be required TO furnish copy Of this
resume or report.
At the morning session Of the COM !
mittee it was announced by Chairman /
Nelson that the committee had not pass |
ed on the request. Late in the after /
noon the chairman stated the commit !
tee had decided 10 grant the request in |
so far as it called on Mr.. LAWYER. but |
that the committee had decided not TO
call on President Taft for the original
copy.
Mentioned in Testimony.
Mystery surrounds this document, as It
was never heard Of officially in the case
until In the course of his testimony last
week Secretary Ballinger said that Mr..
Lawler had accompanied him 20 Bever-
~ last September and had later re-
turned 10 Beverly with a memorandum
covering the case. which was submitted
10 the President.
When the President was called upon by
the Senate TO transmit all documents. &C.
used or considered by him in the prepa-
ration Of his decision generating Mr..
Ballinger and condemning CLAWS, he sent
in great mass of papers. but the LAWYER
brief was not among them
Mr.. Brandeis is endeavoring TO get the
original, or copy of the original. Of this
Lawler brief. in an effort. it is under
stood, 10 show its striking resemblance 20
the Presidents opinion in the case. As
yet. however. no direct charge has been
made that the exoneration Of Mr.. Bal
linger was 20 all intents and purposes
prepared in his own department by one
Of his subordinates.
The spectacular development OF the
days session was a display OF temper
on the part Of Chairman Nelson toward
Attorney Brandeis and an interruption
by one Of the women spectators. Mr.
Brandeis had asked Secretary Baulnger
10 furnish a list Of the land cases in
which he or his firm had acted as coun-
sci during the year between Mr.. Bal
fingers retirement from the office OF
Land Commissioner and his appointment
as Secretary OF the Interior, and Chair
sion Of the relevancy OF the question, ex-
pressed the opinion that it was of no i'm
portance.
Thought Il Important.
Mr.. Chairman" said Mr.. Brandeis.
with emphasis, Il think it is important"
Mr.. Brandeis' tone irritated the Sena-
tor, and there was an explosion.
''YOf uaaFu'f eDan eIr,,.,l
Mr.. Nelson. you can insult witnesses.
but you can't insult the committee"
Before Mr.. Brandeis could make a re-
ply. woman among the spectators in
terjected:
The committee has no right to insult
him, either"
No reply was made by any member Of
the committee, Mr. Brandeis offered no
apology 10 Senator Nelson, the Assistant
Sergeant-at-Arms called ORDER and
the incident was closed.
In resumine his crosS-examination Of
Secretary Ballinger early In the day. NIr
Brandeis started a line Of questions 10
show that men who were claimants TO
Alaskan coal lands were active in the
election OF Senator Samuel H. Piles. Of
Washington. in 1895. were later influential
in bringing about the appointment Of
Mr.. Ballinger as Commissioner OF the
General Land Office, and his appointment
as Secretary OF the Interior He had
made little progress, however. before
Senator Sutherland objected on the
ground that the committee should not be
drawn into an inquiry into the election
OF Senator Piles.
WrangIe Lasts Hour.
A wranglc. in which all members of
the committee took hand. followed and
lasted more than an hour. Senators
Sutherland. Root, and Nelson and Repre-
sentative DENLY were angry.
Finally, after getting some evidence
into the record supporting his point. Mr..
Brandeis took another tack. revertine
again to the clear-listlng Of the Cunning
ham claims. He asked for a specific an
swer to the question whether the neces-
Bary examination Of the claims had been
made, and there was no reason why they
should not pass to patent
Mr.. BallinEer reiterated his statement
that he was justified in clear-listing the
claims. and would do the same thing
again on the same record, but ne did not
make a specific reply. The question was
repeated and repeated again without get
ting the specific answer. Senator Root
then objected 20 Mr. Ballingers being re-
uuired 10 make further answer TO the
question.
There was further wranglng. followed
by motion by Representative Graham
that the witness be required 90 answer
The vote was divided on strictly partv
line. Representative Graham then served
notice on the committee there would be
record votes on all points raised here
after.
Insists Nothing Illegal.
AT the afternoon session Mr.. Brandeis
took up the question Of Mr.. BaHinger's
having acted as counsel for the Cunning.
ham claimants in 1868, and endeavored
70 show that this was in violation OF
rules Of the Department of the Interior
as promulgated by former Secretaries
Hitchcock and Garfield. and by the pres.
ent Assistant Secretary. Mr.. Pierce. Mr.
Ballinger. while admitting the rules had
been made. insisted there was nothing H.
legal He also admitted these depart.
mental rules had not been called to Pres.
ident Tafts attention
The point was brought out again that
Secretary Baliinger had had stock in two
companies in behalf Of which he had
taken matters up with the Interior De
partment, but the Secretary insisted Their,
was no improperly in that. and that Il
was of no significance as bearing upor
his fitness for the Office he now holds.