Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-02-02
COUNSEL AT INQUIRY
Defense to Be Represented at
Ba|Iinger Investigation.
REQUESTED BY Committee
Schwartz OF bennett to Have Lawyer
at Proceedings.
CROSS-QUESTIONS FOR CLAWS
Secretary of Interior Refused to
Take Any Part in Defend
ing Himself.
REQUESTED BY COMMITTEE
CROsS-QUEST1ONs FOR CLAWS

Acting upon the suggestion of Senator
Nelson. chairman of the Ballinger-Pin-
chot congressional investigating commit
tee. that "the other side" should be rep
resented by an attorney, who would take
upon himself the task of crosS-eXamining
witnesses, it was announced today that
at future hearings either II. H. Schwartz
chief of the field service, or Fred Den
nett, commissioner of the land office. will
be represented by counsel.
At the close of the investigating COM
mittee's session Monday afternoon Sena-
tor Nelson said the cross-examination of
Louis r. CLAWS had proceeded .''feebly'
because of lack of counsel AS matter
of fact. the cross-examination consisted
largely of questions asked by the demo-
cratic members of the committee and de-
signed to accentuate the political phases
of the testimony CLAWS had previously
given.
Investigators Not Equipped.
CLAWS and those interested with him
are represented before the committee b.
| three lawyers, who have spent several
weeks preparing for the hearing and VINO
know the history of the case by heart
Few members of the investigating COM
mittee have shown any familiarity what
ever with the record Senator Nelson him.
| self referred to the situation as "unfor-
| tunate'
| The matter, il was said was called to
| the attention of Attorney General Wick
| erSham to see if some representative OF
] the Department Of Justice might not act
| ments which are under Investigation. 1t
| was pointed out that the only way the
| committee could get at the facts was To
| have the case presented in orderly fashion
| from both sides. and that 1t was unfair
| to the committee to place upon 1t the en-
| tire burden of q cross-examinaticn to
| test the credibility of the witness.
| Much of the testimony given by Mr..
| CLAWS. outside of letters and kilograms
| already in the record, has consisted of
conversations with Mr. Bailinger, at which
no third person was present.
| In this class of testimony Mr.. CLAWS has
| accused Sec etary Ballinger of asking him
| to hold up Investigations until after elec-
| tion in order to make the collection OF
| campaign contributions from certain coa
! claimants possible He has also charged
Mr.. Ballinser with having called him of
| from pursuing an investigation of Repre-
| sentative McI4achlan of California.
| AS the truth or falsity of these state
ments will rest solely upon the credibility
| of Mr.. CLAWS as the accuser and Secre-
| tary Ballinger as the defendant, the In
|
should be counsel present thoroughly to
go into motives, credibility and the like.
| Ballinger Declines to Move.
| The Attorney General took up the mat
| ter with several of the cabinet yesterday.
| Secretary Ballinger still declined to en-
gage counsel in his own behalf. saying he
had nothing to conceal.
| Meantime, Senator Nelson. it is said.
again expressed the attitude of the COM
mittee as favoring the presence of coun-
sci, both for the purpose of cross-ex-
| animation and for the presentation of the
| case for the other side. The committee
did not feel Senator Nelson said, that IL
| should be burdened with presenting the
case for the accused departments.
| The result of the cabinet conference
| was to recommend that some one should
he represented by counsel. Either Mr.
| Schwartz or Mr.. bennett, PROBABLY the
former. will engage a lawyer.
| This action may delay the further pro-
ceedngs of the committee, however II
| will require some time for any attorney
| to acqualnt himself with the case.
Mr.. Claws who has asked to be relieved
! from further attendance soon as pos
sible, in order that he may return west
will not be excused until the attorney
representing "the other side has had op-
iportunity to cross-eXamine him.