The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-04-02

nelson hilal Attorney BIdiiutA6 was NC
lllberately trying to deceive the committee.
The remark was made during the cross
examination of himer E. Todd, United
States district attorney at Seattle,
Instantly Mr.. Brandies strobe toward
the end of the table where Chairman
Nelson sat. and shaking with anger
shouted at the top OF his voice:
Mr.. Chairman, I resent the imputation
that I have at any time attempted to de-
ceive this committee. l submit that the
lchalrman's remark should be withdrawn"
II won't withdraw it," retorted Senator
4 Nelson, with almost as much heat as Mr..
Brandies displayed.
II think the chairman should withdraw
the REMARK" interjected Representative
Graham.
HE won't" reiterated Senator Nelson.
Then" said Representative Graham,
L move that IL is the sense OF the COM
mittee that the chairmans remark should
be withdrawn"
Second the notion" snapped Repre-
sentative James.
And on that motion l shall ask rec
ord vote" continued Mr. Graham. This
is not the first time that the chairman
has reflected on Mr.. Brandies. and I, for
one. wish 1t made matter Of record that
he is not speaking for the committee
Object to the Motion.
Representatives Mccall, Olmsted, and
DENLY at once protested. but Mr.. Graham
insisted, and Senator Nelson declared he
was ready TO put the question
II object - said Mr. Mccall
well. now, I want 10 say something"
broke in Representative Madison. I'm
not at all in sympathy with the remark
made by the chairman. but the chairman
Is no more than member OF the com
mittee."
That's right" said Mr.. DENLY.
IF Judge Madisons premises are cor
rect" rejoined Mr. Graham, then, per-
haps. the committee should not ask that
the remark be withdrawn; but I insist
that there be no misunderstanding, and
amend my motion so as TO read that
the chairman's remark Is merely an ex-
preston Of his individual opinion
u agree with Mr.. Madison, said Mr..
Mccall. 81 shall vote against Mr..
Graham's motion il IT is put, but 1 trust
It will not be put. / do not think Mr..
Brandeis attempted 10 deceive the com
mittee. but I don't think the committee
should express itself as to a remark made
by the chairman or any other member"
Senator Sutherland cut into the argu-
ment with the suggestion that the
] wrangIe was altogether unseemly.
II think so. too" said Mr.. Olmsted en-
; phatically, and 1 move that Mr..
Graham's motion be laid on the table"
Matter Laid on Table.
There was a second, and after five or
ten minutes Of excited controversy as 70
what question was being voted on. the
roll call was called. Senator Fletcher and
Representative James voted with Mr..
Graham in The negative. Senators Suth-
erland and Purcell and Representatives
Mccall Olmsted. DENLY. and Madison
voted in the affirmative. Senator Nelson
did not vote.
J Mr.. Todd was called by the defense TO
= lmpeach testimony OF l. r. CLAWS and
Special Agent Jones. Mr. CLAWS testi-
. fed early in the investigation that he
had called Mr.. Todd's attention to the
Alaskan land frauds. but that the dis
trict attorney had failed 10 take any
action looking TO criminal proceedings.
Special Agent Jones testified to the same
effect with the added statement that Mr..
Todd explained his failure to bring action
by saying that Judge Hanford had a
constitutional aversion 70 land fraud
cases, and he did not want to be humli-
ated by instituting proceedings that would
: fail.
Mr. Todd insisted that neither Claws
nor Jones had presented to him sufficient
|. evidence TO Justify criminal proceedings
Z The witness and Mr.. Brandeis had sew
eral peppery exchanges, and at times
= members Of the committee manifested i'm
patience with the long drawn out exami-
: nation.
At the afternoon session II. X Love OF
Fairbanks, Alaska, United states mar
shall and former special agent. wa:
; called. 1t was upon Mr.. Loves report OF
August 3 1907. that the Cunningham
= claims were clear-listed.
DenOunces Jones' Testimony.
, Mr.. Love denounced the testimony Of
+ Special Agent Jones to the effect thai
p Love had told him he did not like t.
Z investigate the coal lands cases because
he was candidate for marshal. Asked
to explain how he happened to get his
appointment as marshal after he hac
declared that he had not sought the in.
fiuence of Alaska people, Mr.. Love re-
: piled:
j well, I happened to be a trooper in
Mr.. Roosevelt's regiment"
You needn't go any further" inter.
rupted Senator Flint, as every body
y laughed. THAT explains it fully"
: In the course OF his testimony Mr.
Love contradicted practically every par
of Mr.. Jones testimony relative to him
On cross-examination, Mr. BRANDED:
asked him why he had been superseded
I'll tell you IL you want to know.
g returned Love. Il was superseded be
+ cause Jones had been peddIing lot o.
e lies about me to Mr.. Ballinger the year
before. That's why"
e That the Cunningham claimants were
d within their rights was one of the ex
n pressions drawn from the witness BY
e Mr. Brandeis. The committee adjourned
Il at o'clock. with Mr.. Love still on TIT
e stand.
$ No Duty on Circus Animals.