The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-25
Asks Committee to Call Secre.
tary of the Interior.
REQUEST is DENIED
Until 1t Can Be Considered in
Executive Session.
The Manager of the Guggenheim
Syndicate Testifies.

Washington, March 25.-Attorney
Louis Bra1deis, representing CLAWS
and lers. sprung a surprise before
the Ballinger-Pinchot investigating
| committee today by declaring that he
| wished to call Secretary Ballinger as
one of his witnesses. Attorney Yer
| trees. representing Mr.. Ballinger. OBJ
jected. The committee will decide the
matter in executive session.
Immediately after the committee met
Mr. Brandeis said that when Messrs.
Birch and Steele of the Morgan-Gug-
genhein- syndicate had given their tes-
timony he desired to call Secretary
Ballinger and would like to have him
appear today.
Mr.. vertrees was on his feet in an
instant.
Mr.. Ballinger,' he said. sis the per-
son most interested in this inquiry.
We ought to be allowed the discretion
as to indicating as to when he should
appear
Mr.. Brandeis said he desired to prove
by Secretary Ballinger certain letters
that could be proved best by him.
Mr.. Ballinger has already contem-
plated appearing more than once before
this committee" continued Mr.. Bran
deis. His letters to the committee
show that he is ready to come at any
time.''
1.-The committee will decide this mat
ter in executive session." ruled Chair
man Nelson.
But desire to be heard" protested
Mr.. Brandeis.
Proceed, then" directed Mr.. Nelson.
This inquiry began resumed the at
torney with the explicit statement on
committee such facts as seemed vital
to the investigation. We desire 20
leave it to you upon the presentation
of that evidence to. determine what dis
position should be made.
I'VE particularly declined to make
charges. We desired the committee 20
formulate those charges and to defer
until a later period of the inquiry our
suggestions as to what conclusions
should be drawn from the facts.
Cites BaIIinger's Letter.
when this inquiry first began Mr..
Ballinger sent letter here in which he
expressed the desire to leave the com
mittee untramme1ed. He did not even
desire to have counsel lest it should
hamper the committee in its search for
the facts.
"It is perfectly clear that we should
not be brought to stop in our in
Quiry without being able to lay before
the committee those facts which Mr..
best enlighter1 the committee on.
know of no proceeding in which we
would be denied this opportunity. We
certainly ought not to be denied it in
what the CHAIRMAN mas characterized
as free, full and open inquiry and
not limited by the ordinary rules of
evidence"
Representative Madison asked Mr..
Brandeis if he regarded him as a wit
ness to material facts and the attorney
declared he did.
"And you intend to examine him on
all points that you consider material ?"
inquired Representative Mccall.
Eyes, sir
s'In other words what you mean is
that you desire your cross examination
of the witness to pFecede the direct
erIand.
Il wouldn't put it just that way"
replied Mr. Brandeis. "Mr. Ballinger
has already had full opportunity to
make his statement. He has had the
advantage of being able to confer with
the president and has made two state
ments to the president :"
Doesn't that apply to all the wit