The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-26
BALLINCER SAVED.
The Investigation Committee in
Executive Session.
Decides Not to Call the Secre.
tary at This Time.
BRANDEIS PROTESTS.
Intimates That the Action of
the Committee
Is Due to a Iesire to Shield the
Defendant.
BRANDEIS PROTESTS.

Washington. iIarch 26.-The Bal
linger-Pinchot investigating commit
tee, after an executive session today,
unanimously decided to deny the re-
quest of Attorney Brandeis. represent
ing Louis R. Glayis and others. that
Secretary of the Interior Ballinger be
called as a witness for the "prosecu-
ton" at this time.
The decision brought out a protest
from the attorney which was singing
ly denunciatory of the accused cabinet
officer and which was stopped by the
committee.
In announcing the decision of the
committee, Senator Nelson said Sec
retary Ballinger would appear as a
witness during the presentation Of his
side of the case and that ample op-
for cross examination. Attorney Bran
deis was on his feet as soon as he
caught the drift of the committees
ruling.
ct desire to protest" he fairly
shouted against this action of the
committee, which seems to me to have
the effect of denying to the committee
and those who are carefully watch
ing the proceedings, the best oppor-
tunity to arrive at the facts"
Wants to Know When.
The attorney was interrupted by
Chairman Nelson.
your protest will be entered: pro-
ceed with the case.''
Il desire to know when Mr.. Bal
linger will come and testify before this
committee. Will he follow Mr.. Steele
on the stand ?" persisted Mr.. Brandeis.
II will answer that said Attorney
Vertrees, representing Secretary Bal
linger. "Mr. BalIinger will not come
at the end of Mr.. Steele's testimony.
He will testify when we see fit to put
him on
Then. with that statement in view.
1 desire to protest anew" resumed
Branneis. '"I have refrained from max
ing specific charges against Mr.. Bal
hnger. But specific charges have been
made by others. The one great ques-
ton before this committee and before
the country is whether or not, Mr..
Ballinger is unfit to occupy his position
by reason of a lack of truthfulness and
directness. Mr.. Ballinger has been
charged by Mr.. Pinchot and by wit
deceiving the president and having
made statements that are untrue"
ITO what proposition are you speak
ing?" interrupted Senator Root.
Investigation Not Inquisition.
1.-THE order and circumstances under
which Mr.. Ballinger is to testify are
OF paramount Importance" replied Mr..
Brandeis, where veracity and straight
fcrwardness are the issue. Why should
he be protected from those ordinary
tests OF Veraclty to which other wit
nesses are subjected. Is he to be al
lowed to withhold his testimony and
SO frame it as to reconcile it with 9TH
er testimony that is first to be put 1n?"
Here rhe 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
1.-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 commission"
Representative Graham thought Mr..
Brandeis should be allowed to proceed
as indicating what his summing up ar
gument would be. After he has indi-
Gated his purpose said Mr.. Graham,
cit remains for the other side to de-
eide whether it will take the sting
out of the argument by calling Mr..
Ballinger at this time.
Senator Flint declared he would not
sit a minute to listen to arguments at
this stage of the case. He said he was
sacrificing his personal interests to
serve on the committee but would
wit ithdraw from it if it became neces-
sary to listen to such arguments as
proposed by Mr.. Graham at this time.
This ended the excitement. Mr..
Brandeis subsided. John L. Steele, at
torney for the Guggenheim interests in
Alaska. took the stand.