Omaha daily bee., 1910-03-27
Request Of Attorney BrandeiS that He
Be Witness is Denied.
DEFENSE PRESENTS TESTIMONY
Lawyer Disclsims Any Unworthy
Acts by Mr., Ballinger.
SHOT AT PNCHoT AND CLAWS
FOFeater'H Regime Called the "Reign
of Men" and that which Fol-
lowed After Termed the
"ReIEn of Law"

ASHINGTON, March 25.-After the Bal
linRer- Pinchot investigating committee had
twice declined to grant the request Of At
torney Brandeis, representing Louis r.
CLAWS and others. 10 compel the immediate
&tendance of Secretary Balllnger as a wit
ness John ]. Vertrees late today made the
opening statement in Mr.. Balllnger's be-
half and began the presentation OF testi-l
mony. Mr.. vertrees declared that the testi-
mony OF CLAWS and others would be shown
TO be grossly false"
"There is no act Of Mr. Ballinger." as
serted the attorney, ITO which II is pos
sible to ascribe an unworthy motive or inn
proper purpose otherwise than through tke
suspicion of a perverted mind, or the re-
sentiment of a discharged public servant
or the program Of an unscrupulous pAliti-
cal intrigue"
Mr. vertrees' statement sparkled with
epigrams
''rhe evidence to be submitted" he said
Twill make all things so plain and so clear
that the committee will cast about to dis
cover how men who knew so much about
the truth could have had the daring TO
present themselves as sincere, honest har-
borers OF suspicion.
Takes shot at CLAWS.
'GIavis Suspicious by nature. became
perverted by detective service until appar-
entity he was incapable Of fair Judgment
Pinchot, vain and flattered, as chief Of
the forest service by his own publicity
bureau had come to regard himself as the
most Important personality in the De-
partment of Agriculture"
The administration Of Pinchot. the at
torney characterized as the reign Of men.
On March 4. 1909. he declared, there came
the reign of law.
"Mr. Baninger conceived that his duty
was not to be expressed in the words: I
hereby direct and order but in the words.
BE It enacted by the senate and house Of
representatives OF the United states OF
America and he acted accordingly,
''By command OF the law, he undid some
things which Mr.. Garfield had done, BY
command OF the law cooperative eertifi-
Gates and cooperative agreements and
ranger education at government expense
became things Of the past.
BaIIinEer the Martyr.
when they lost their vivid colorings and
took on a cold dead gray there was a
subsistence in the proportions of the for
esty chief-he ceased TO be the Depart
ment OF AgrioultNre. He was exposed and
Mr.. Ballinger had committed the unpardon-
able sin OF defeating the ambition OF a
self-exaggerated man. Mr.. Ballinger was
now where Mr.. Garfield was not and Mr..
Pinchot was confined to the forest re-
serves. Broad as they are they are too
small for him. Here was the birthplace
OF that spirit OF resentment and revenge
which blindly wrote mistakes to the
present and utilized this CLAWS OF the de-
tective service to assassnate Mr.. Balllng-
er's good name and thereby bring reproach
upon the president who had not retained
Mr.. Garfield and had dismissed Mr..
Pinchot.
This explanation will be made obvious
and apparent when the evidence now to
be offered is seen"
The Fireworks begins.
Attorney Brandeis representing Louis r.
Glf#ns ana others, made an unsuccessful
attempt to have Secretary Ballinger called
as one OF his witnesses. The committee
ruled against the attorney and called from
him protest which Mr.. Ballinger's law
yers later characterized as most malig-
nant and leprous."
John N. Steele, counsel for the Morgan
Guggenheim syndicate in Alaska, occupied
the stand throughout the morning. He
declared the Guggenheims had been un-
Justly abused ever since they went into
Alaska and asserted that they had never
tried 20 use undue influence In any drec-
ton or to shut out competition.
The defense planned to proceed with its
case late this afternoon. Mr. Ballinger
probably will not be called until near the
Hose OF the inquiry.
Brandeis' Request Denied.
The committee, after an executive session
today unanimously decided to deny the
request OF Attorney Brandeis. representing
Louis r. CLAWS ana others, that Secretary
OF Interior Balllnger be called as a Wit
ness for the prosecution" at this time.
~ The decision brought out protest from
the attorney which was stingingly de-
nunciatory OF the accused cabinet officeS
and which was stopped by the committee.
In announcing the decision Of the COM
mittee, Senator Nelson said Secretary
Ballinger would appear az a witness during
the presentation OF his side OF the case
and that ample opportunity would be given
all counsel for cross-exRmination.
Attorney Brandeis was on his feet as
soon as he caught the drift OF the com
mittee's ruling,
II desire to protest" he fairly shouted
against the action OF the committee which
seems TO me 20 have the effect Of denying
to the committee and those who are care
fully watching the proceedings the best op-
portunity TO arrive at the facts"
PrOteSt a. Entered.
The attorney was interrupted by Chair
man Nelson.
rYogr protest win be entered; proceed
with Ne case"
II osire 10 know when Mr.. Ballinrer will
come Nnd testify before this COMMITTEES
VIII he follow Mr.. Steele on the stand g
persisted Mr., Brandeis.
II VIII answer that" said Attorney Yer
trees. representing Mr.. Ballinger. Mr.
Ballinser will not come az the end OF Mr
6nontinued on second PaEe)