The San Francisco call., 1910-03-27
Attorney for CLAWS Seeks to
Call Secretary of Interior
as Witness for the
/. Prosecution
BALLINGER DODGES AN
OPPORTUNITY TO SPEAK
Lawyer for Defense Denounces
Testimony as Untrue and
Proposes to Show His
Y Client Is Upright
COMMITTEE REFUSES TO
HEAR OFFICIAL SCORED

n ~
AA/ torney Louis Brandeis, repre-
w senting Louis r. CLAWS and
others in the Ballinger-Pinchot in
vestigation, made two Intellectual at
tempts today to compel the Immediate
attendance of Secretary BaIringer as .
witness.
Growing bitterness was manifested
between Brandeis and Attorney John
]. Vertrees, who represents Ballinger,
and there were several sharp clashes
in consequence.
The ruling of the committee called
forth a protest from Brandeis. who was
not stopped until he had delivered a
singing denunciation of Ballinger.
which vertrees characterized as most
malignant and leprous."
Brandeis was on his feet as soon aS
he caught the drift OF the committee
ruling
Il desire to protest" he fairly shout~
ed, against this action OF the COM
mittee, which seems to me to have the
effect OF denying to the committee and
those who are carefully watching the
proceedings the best opportunity to
arrive at the facts
Protest Without Result
The attorney was interrupted by
Chairman Nelson.
Your protest will be entered Pro-
eeed with the case
Il desire to know when Ballinger
will come and testify before this COM
on
stand?'' persisted Brandeis-
Il will answer that" said Vertrees.
"BalIinger will not come at the end
of Steele's testimony. He will testify
when we see fit TO put him on"
Then, with that statement in view.
I desire to protest anew" resumed
Brandeis IT have refrained from
making specific charges against Mr..
BalIinger But specific charges have
been made by others.
Ballinger's Fitness Involved
The one great question before this
committee and before the country is
whether or not Ballinger is unft TO
! occupy his position by reason of lack
of truthfuIness and directness. Bal
linger has been charged by Pinchot
| and by witnesses produced by him
with willfully deceiving the president
and having made statements that ars
untrue"
ITO what proposition are you speak,
ing interrupted Senator Root
THE order and circumstances under
which Baliinger is TO testify are OF
paramount Importance" replied Bran
deis, where veracity and straightfor-
wardness are the issue. Why should
he be protected from the ordinary
tests of veracity to which other witt
nesses are subjected? Is he to be al
lowed to withhold his testimony and
so frame it as to reconcile it with
other testimony that is first to be
put in?"
Here the attorney was stopped again
'This is an investigation, not an in
QUESTION: said Senator Sutherland.
| THE committee has reached a decision
which it believes to be right and fair
Flint Threatens to Leave
The committee added Senator
Root. unanimously agreed on this
point and announced it's decision. You
are not. showing proper respect for the
unanimous decision of the committee
Representative Graham thought
Brandeis should be allowed to proceed.
as Indicating what his summing argu-
ment would be.
| After he has indicated his purpose"
said Graham, lit remains for the other
side to decide whether it viii take the
sting out of the argument by calling
/ Mr. Ballinger at this time.
| Senator Flint declared he would not
sit minute TO listen to arguments at
this stage o. The case. He said he was
sacrificing his personal interests to
serve en- the committee. but would
withdraw from il il il became neees-
sary TO listen to such arguments as
proposed by Graham at this time
This ended the excitement for tins.
Lepreus Tongues Denounced
/ When the afternoon session was be-
gun Brandeis made his second attempt