Los Angeles herald., 1910-02-05
CONGRESS GIVES
BALLlNGER Time
TOGETCOUNSEL
Secretary Succeeds in De-
laying Investigation
for One Week
HOLDS. BACK LETTERS
Brandeis Scathes Interior
Department for Keep
ing Documents
HOLDS BACK LETTERS
Especial to The Herald.I

wv IOdllluBeT, III duutIlOu W 6nSd6-
W ing a strong array of legal ad-
visers to defend him in the investiga-
ton of the charges brought by deposed
Foresters CLAWS and Pinchot, today
succeeded in having the congressional
committee delay it's inquiry for one
week. Ballinger said he wanted anoth-
er week in which to procure more at
torneys, and the committee granted
the request.
The brief meeting of the committee
was marked by bitter remarks by At
torney Brandeis, who represents l.. X.
CLAWS, and who unsparingly criticised
the delay of the interior department in
producing certain letters and docu-
ments for which he asked a week ago.
The secretary of the committee read
two letters, one from Chairman Nell
son. suggesting that Ballinger secure
counsel, the other from Ballinger, stat
ing that he desired that the committee
should not be hampered and that it
was only because a full investigation
was not being secured that he had de-
termined to have counsel present. Bal
linger then, in the letter, requested
that the hearings be postponed in Or
der that he might make complete ar
rangementS.
Stays on Trail
Attorney Brandeis declared that he
had spent three days camping" in the
corridor of the senate office building
waiting for papers he had asked the
interior department for, and which
Senator Nelson had promised him an
opportunity of examining.
81 have good reason to believe" he
said, "that a number of those docu-
ments were ready and could have been
submitted to me through the commit
tee, but were not submitted for rea-
caticfoRtnrxy n tho 6an1rfmnnf Of
the interior"
Senator Nelson said in reply that he
would write to Secretary Ballinger,
Questioning him regarding the docu-
ments, and added significantly: II will
also have the stenographer of this
meeting transcribe the remarks made
| by Mr.. Brandeis, and will send them
! to the secretary"
John j. Vertrees of Nashville and
\ Carl Rasch, formerly United States
district attorney for Montana, have
been selected to represent Secretary
Ballinger, Land Commissioner Dem
nett and Field Agent Schwartz In the
Ballinger-Pinchot controversy.
1t developed at the brief public
session of the committee today that
under date of February 2, Senator Mel
son. chairman of the committee, wrote
to Secretary Ballinger saying he had
been directed by the members to sug-
gest to him the Importance of being
represented by counsel to examine and
cross examine witnesses and to pre-
sent to the committee in orderly fash
ion such evidence as would be material
to 1.-The other side"
Wants More Time
Replying to this letter under date of
February 3, Mr.. Ballinger said he had
| followed the suggestion of the COM
mittee, but that it would require sew
eral days for the attorney to reach
| Washington and some additional time
to familiarize himself with the case.
| Mr.. Ballinger said he had been of the
opinion that by not having counsel he
had been assisting the committee or at
least would not be hampering it in
making a full inquiry of it's own.
In view of the suggestion by the
| chairman, however, he could do moth
| ing but follow the recommendation of
the committee. He asked that the
further hearings be postponed until
Monday, February IA.
Following an executive session which
lasted nearly an hour the letters were
read TO the public and the adjournment
until February IL ordered.
1t was said there had been a pretty
lively discussion in the executive ses-
sion over the question of postpone
ment, some of the members of the COM
mittees strenuously opposing any de-
lay at this time.
Attorney Brandeis, representing
CLAWS, then made his heated complaint
to the committee over the delay of the
interior department in furnishing the
committee with documentary evidence
called for by the prosecution"
Mr.. Ballinger might have good and
sufficient reasons for Withholding
these from examination by counsel
representing Mr. CLAWS, but in view
of his statements that he wanted a
full investigation, he thought it in
cumbent on him to furnish the evil
dence in installments as fast as it
could be collected.
Nelson Makes Promise
Chairman Nelson said it had been de-
cided at the executive session to re-
quest Secretary Ballinger to furnish
the evidence In installments and that
he would write him a letter to that
effect and send it by special messenger
today. Paul Slemen, an attorney of
this city, has been appointed secretary
of the investigation committee.
The president has shown his active
interest in the controversy. He has in
sisted on the retention of counsel to
represent the administration officers,
secretary bdllI5tIy LdllQ SOliililio-
sioner bennett and Chief Field Agent
Schwartz.
Today Secretary Dickinson brought
Vertrees to the White House. They
talked with the president for half an
hour and then Secretary Ballinger
Joined the conference, which lasted for
another hour.
At it's conclusion Secretary Ballinger,
accompanied by Mr.. Vertrees, left the
White House, although the cabinet was
lust about to assemble, and proceeded
to the interior department. to confer
with Messrs bennett and Schwartz.
The secretary refused to make any
statement such as he had promised
earlier in the week, declaring that
whatever he had to say IN regard 10
the charges made against him by Mr..
CLAWS would be made under oath be-
fore the committee
Mr.. Vertrees was recommended by
Secretary Dickinson, who vouched for
his capabilities.