The Washington times., 1910-03-25
ATTEMPT IS MADE
TO CALL BALLINGER
Brandeis Move to Force
Secretary to Stand Stout
ly Resisted.

The prosecution" in the BallinCer-
Plnchot controversy forged a new link
In their chain OF evidence today by es-
tablishing that on August Il. 1907. CIar-
ence Cunningham. promoter Of the nine
ty-million-dollar Alaskan coal claims.
wrote to Daniel Guggenheim. OF the
Morgan-Guggenheim syndicate. that he
had been promised by the commissioner
of the land Office that his claimants
would receive their patents within nine
" days.
The session today was taken UP by
testimony from representatives Of the
Gusgenheim syndicate as to the interest
OF that company in the Cunningham
claims
Early in the day Attorney Brandeis
made an Intellectual attempt to secure
the attendance late this afternoon of
secretary BallinSer. declaring that he
desired 10 examine him on some points
Objection was made that this was ir-
regular, and amounted 10 a cross -exauI-
nation before direct testimony. Attor-
ney Vertrees, counsel for the Secretary.
was granted permission TO argue the
POINT when the present Witnesses
Messrs. Birch and Steele, OF the Gug-
genheim syndicate-had finished. The
committee will consider the question in
executive session.
Brandeis made a lengthy argu-
ment In support of his demand.
we certainly ought 10 have control
and direction Of our chief witness"
complained Vertrees.
Cites Ballinger Letter.
''wen.'' retorted Brandeis. 7 desire
8
Secretary Bauinger. in which he stated
that he did not desire 10 he present.
neither would he have counsel This
vas on the ground that the objections,
etc. Of counsel might interrupt the com
mittee in their hearing Of the case.
Then, subsequently, the Secretary wrote
the committee, declaring that he would
be present TO testify. and would have
counsel
Now. in that letter he says. 7 will
be glad TO be present ataU times He has
said he would be glad. in order TO fur
ther the hearings. to be present as many
times as necessary"
Wen consider this matter in execu-
tive session" interrupted Chairman Nell
son.
I'D like TO have It decided now" in
sisted Brandeis. u want to be heard
on it,
Continuing, the attorney declared that
he desired 10 prove certain matters by
calling the Secretary. which could not
in any other way be brought TO the
attention Of the committee.
Brandeis' Argument.
The Secretary, he said. had had all
opportunity to answer the Claws
charges. had written letters TO the
President. had consulted with him. and
that the committee had this evidence
before them. II was upon his answer. !
he declared. that CLAWS had been dis !
missed. Claws, on the, other hand. had /
not seen many Of the exhibits in the /
BaUinger letters to the President up 20 /
the time he took the stand.
The committee finally decided % |
thresh out the question in executive |
session. Attorney Vertrees declared that |
he wanted to be heard. Rrandeis then 1
admitted that IL was in connection with 1
several letters that he particularly de- ]
sired 10 question the Secretary.
Calls Him Material Witness.
IN response to a question from Repre- |
sentative Madison. Brandeis said that !
he considered Secretary BaIIinger a ma
terisI witness in the presentation Of his /
side Of the case. Senator Sutherland /
objected against the calling Of BaIllnger
as a witness for the prosecution"
would be putting the discrimination
before the direct
Attorney Vertrees then presented a re-
quest that Charles G. HeItOu, chief II
the mineral division of the General |