The Washington times., 1910-03-26
FAILS IN ATTEMPT
TO CALL BALLINGER
Secretary Will Not Be Sum-
moned Until His Attor-
ney Gives Word.
BRANDEIS COMBATS
COMMITTEES RULING
Hot Words Exchanged at Hearing
Guggenheim Representative
on Stand.

Secretary or the Interior BalinEer
viii not be called to the stand in the
Congressional inquiry until his own
attorney gives the word.
The committee today, after an ex-
ecutive session. refused to grant the
request of Attorney Brandeis, on be-
helf of the prosecution" that Bal
lnger be call I'd at once
Brandeis made a vigorous protest
against this decision.
When the committee opened its ses-
zion Senator Nelson said: Il desire TO
announce that the committee have de-
cided 10 deny the request of Attorney
Brandeis, preferred yesterday. We do
tins because Mr. Ballinger has ex-
pressed his intention and we understand
That 10 De the fact, that he viii appear
here as 4 witness to testify, and that
counsel viii have every opportunity for
denomination"
In order that there may be no mis-
understanding. began Brandeis, Il de-
sire 10 express an earnest protest
against the action Of the committee In
doing what il seems 20 me must result
n denying 10 the committee and 10
those who are watching carefully the
rive at the facts
This is not matter for argument,
Croke ia Chairman Nelson
Brandeis Grows Irate.
Eut, insisted Brandeis, red with
anger, Il desire to make an inquiry, if
1 am 10 he allowed that privilege. / de
sire 10 know when Secretary BaIlnger
Will come and testify before this COM
nuttee and specifically whether he will
come at the close OF NIT. Steelc's testi-
mouy?'
Il will say" interrupted Vertrees. I
that Secretary BalliugeT will not come
at the close of Mr.. Steele's testimony.
lie viii come when we call him, and
not before
Il desire TO make another inquiry"
shouted Brandeis. intcrruptinC Chair
man Nelson s command TO proceed
1 have refrdincd from making at any
time in the course of this proceeding
specific charges against Secretary Bal
iHSer, but specific charges have been
laadC by others, and = must be apparent
10 the committee and TO every one else
VINO IS watching the proceedings that
the one great question which is before
TINS committee, ard before the country,
- the question whether Mr. Ballinger
IS unlt for the position which he now
occupies, by reason of a lack Of truth
1ulness and dTectneSs in his position
Question of Veracity.
--That Is the issue which was brought
~NAGy to The attention Of the commit
te(S MI Pinchot Il Is the issue
which every member Of the committee
must realize Is a great issue in this case.
lie has been charged by Mr. Plnchot
ana others with wiIlfully deceivinE the
PRESIDENT.
The order and circumstances under
which Mr.. Ballinger is to testify are Of
paramount Importance. when vcracity
and traiShtforwarduess are the issue
"Ncracity and ardness,
64dndelS continued, having become one
OF the issues IN this case, ! should
think thai this witness Secretary Bal
nnSeTD should We subjected TO the or
9'uaIy tests OF Veracity and straight
lor"ardness, 20 which every witness
is subjected IN any legal proceeding.
Grow Warm In Argument.
Vow. is this witness to be allowed
10 Withhold his testimony in order that
lac may frame il up so as TO reconcile
IL with that Of other witness, TO be
called when tho eXigeucies of the in
VuilE require Il and when the interests
Of truth and truth only, depend upon
This is an inquiry, not an inquisi-
non broke in Senator Sutherland.
hou are discussing "a matter which is
nos lu order
II is a question which is before the
committee, doggedly maintained Bran
TIE committee unanimously decided
lnIE -ECStlun OF not calling Mr Bal
unEer at this time added Senator .
II think iu order TO bc perfectly fair o.,
remarked Representative Graham. that
We =Tc.'d allow BrauGei- Ia state nov- /
ms protest ard argue upon il. Then 1
AttoIUcr NerjTCos may argue his side
ana Try 10 take tnc sting out Of
Flint Makes Threat.
Wei, for my part. interrupted SEN 1
ai'r tin,. 81 can say that personally 7 !
MI. mo-, stay hc.e and listen To- argu- /
H1ui- al this stage Of the hearings II
wan 90 hear simouy-latcr. argument /
N'' n" 'u order. II this keeps Iu ri !
icscu from thc committee. i'm loo /
busy fo waste time on these arguments = /
well 0esuCd that my vigorous pro-
'Sst appear here Once before i'm this IN /
gulrE ] neglected 10 make. a protasi /
when the committee rendered a decision /
against me and Mr.. Deubv seemed to !
lhink mad overlooked something i'm |
IoFtan'. don't want TO lay myself |
ol. % d" t1Ht same criticism.
John n Stcc'y. OF tho LEGAL Stau of /
IL. MOI san -EuSSenhcim syndicate was 1
Calt"d tu rh" stand lie explained that
n had asked permission 10 testify be /
cause OF q magazine OF newspaper 'storN- ]
70 ihc cit~ct that .he GuSgenheimS had 7,
ESQ various Bis sums OF money 10 the
Cunningham claimants
Iic ~ Witness presented an expense ac-
count which. hC said, formed thc only
expenses incurred IN connection with
Inc cunningham cases and the oDIy
money spent oy the syndicate i'm tEis [
connection. The amount was slightly /
more jlan SI.OOG'
y lou- argument then cnsucd at 10 I
INC aumESlhility OF n report made bv
'Codl expert, :;tOrTS by u"me. TO The
Syndicate. steele objected streuuOusIv
.''n the ground IL was making private ]
'f,;'rs public. Tho committee nnaUr /
admitted a. ErIudciS explained that b. I
!; he expected tG prove the solicitous /
interest Of The GuSEcnhcimS i'm an lie I
-NlssKa coal strikes
steel" then read a newspaper clipping I
d~ 10 certain statements made BY Dele
IltC Nic6erShdm. OF Alaska. before a 4
House committee. II said that the Gug-
2rnlcms owned the fishes. the mines. I!
I:e raliro2Cs. the steamship lines and /
the rivers-aH Of Alaska" II was this
Scrt Of STUFF which steele said m /
ducod him and Birch TO appear and 81 I
everybody right
Plea For Syndicate
we ought 20 have encoura -emert in /