The Birmingham age-herald., 1910-04-02
SERIOUS CLASH IN
 BALL|NGER CASE Committee Members Wrangle Over the Evidence
QUARREL IS A LONG ONE
Objection Is Raised By Chairman Nei- son to Methods of Attorney Bran dies and Partisan Feeling Is
 Stirred to High Fitch

Washington. April 1.-The most seri- ous clash that has yet occurred among the members of the BallingerP Pinchot Investigating committee marked the forenoon sitting today. The quarrel which continued for an hour or more was an added evidence of the grow ing feeling of partisanship among the democratic and republican members of the committee and was taken by many to mean the hopelessness of a unan- imous agreement of any sort. The row was precipitated by Chair man Nelson accusing Attorney Bran deis, representing the prosecution" of attempting to deceive or conceal some thing from the committee. The attor nev, flushed with anger, jumped to his feet and demanded that the chairmans remarks be withdrawn.
 Democratic members of the commit tee were quick to take up the defense of the attorney and Representative Graham of Illinois moved that the chairman be directed to withdraw the imputation.
 Representative James seconded the notion There followed a general dis cussion in which every member of the committee present took part and stated his personal views. A number of re- publicans said they did not agree with Senator Nelson that Mir. Brandeis was attempting concealments of any sort, but at the same time they would not vote to compel the chairman to with draw his remarks.
 Only II Personal View
 II was argued by Representative Madison, the insurgent member, that the chairman in making his remarks reflected only his personal view and in no wise committed any other mem per Representative James argued that the matter MT. Brandeis was accused Ol concealing was on record before tho committee and consequently there could be no deception if the commit tee members paid attention.
 The matter finally was risposed of by motion from Representative Olm- sted to lay on the table. This was carried by a vote of to 3.
 Two witnesses were offered today on behalf of MT. Ballinger They were District Attorney Elmer E. Todd of Se- attle, and United States Marshal H. k. Love of Alsaka. MT. Love was for merly a special agent of the land office.
 
 statements made by Special Agent R. T. Jones for the prosecution" were false.
 The direct examinations occupied but | few minutes, the cross-examinations by Mir. Brandeis taking the taking the re- malnder of the session. MT. Todd and Mir. Lowe were prepared for the onsxGught of the Glavis attorney and their an- swers were sometimes as sharp as the lhrusts of the lawyer.
 There h1c haap hafn committee from time to time indicating that MT. Love, as special agent, was warped in his judgment by the fact that he was a candidate for the marshall ship in the third division oc Alaska He was asked today what influence he actu- ally was depending upon to get the place. "Well he began, T happened to be a trooper in Colonel Roosevelt's regi- ment-s
 You need go no further" interrupted Senator Flint, amid laughter.
 Promise Made to Love
 Love stated that he had been promised the first marshalship vacant by President Roosevelt
 The witness proceeded. detail by detail, to deny the truth of various statensn1s made by Jones.
 As to his protest in letter to Den nett that his report of August 2, 1907, hld IOL CiCdl iiSt tllt 1uUuluRnafQ claims, but raised doubt as to their validity, the witness said 1t was the first time he had heard the term "clear list" and he took it to mean freeing the claims from all question as to fact and law. As Q matter of fact, the witness said, he mad raised a question in his report of August 9 based on a statement by Judge Ballinger, that transfer even after entry constituted fraud.
 q had never understood the law that way and wrote to the department to say that if that was the right construction of the law then there was a question as to the Cunningham claims" It IS charged that Mir Ballinger was wrong in his interpretation of the law. When Attorney Brandeis began his examination of the witness, he de- manded to know why Love had been su- perseded by Jones'
 Because Jones had been peddling a pack of lies about me to MT. Ballinger." You say you didn't meet him until July. 1907, and his letter of instruction, which put him over you is dated in June?"