Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-25
SPRINGS A SURPRISE
CLAWS Counsel Wants BaIlin-
ger Called to Testify.
DECISION is POSTPONED
Committee Agrees to Consider Mat
ter in Executive Session.
DIRECTOR BIRCH IS HEARD
Representative of Morgan -Guggen-
helm Syndicate Appears Before
Investigating Committee.


CLAWS and others. sprung decided sur
prise before the Ballinger-Pincho inves-
tigating committee today by declaring
that he wished to call Secretary Ballinger
as one of his witnesses. Attorney Vert
rees, representing Mr.. Ballinger, objected.
The committee agreed to decide the mat
ter in executive session.
Immediately after the committee met
this morning Mr.. Brandeis said that
when Messrs Birch and Steele of the
Morgan-Guggenheim syndicate had given
their testimony ne desired to call Secre-
tary Ballinger and would like to have
him appear today.
Mr.. Vertrees was on his feet in an In
slant
Mr.. Ballinger," he said. lis the person
most interested in this inquiry. we
ought to be allowed the discretion as 10
indicating when he should appear.
Mr. Brandeis said he desired to prove
by Secretary Ballinger certain letters
that could be proved best by him.
Mr. Ballinger has already contemplated
appearing more than once before this
committee" continued Mr.. Brandeis. His
letters TO the committee show that he is
ready to come at any time
THE committee will decide this matter
in executive session. ruled Chairman
Nelson.
But | desire to be heard, protested
Mr. Brandeis.
Proceed, them directed Mr.. Nelson.
Statement by Brandies.
This inquiry began" resumed the at
torney, with the explicit statement on
our part that we would lay before the
committee such facts as seemed vital to
the investigation. We desired to leave IL
TO YOU, upon the presentation OF that evil
dence, TO determine what disposition 10
make. We particularly declined TO make
charges We desired the committee TO
formulate those Charges and to defer
until later period of the inquiry our
as-to what conclusions snouid
be drawn from the facts
.'N hen this inquiry hrst began MT.
BaIlinser sent a letter here in which he
EXPRESSED the desire to leave the COM
mittee untrammeled. He did not even
desire to have counsel. lest il hamper the
committee i'm its search for the facts.
1T is perfectly clear that we should
not he brought to stop in our inquiry
without being able to lay before the COM
mittee those facts which Mr. Balinger
alone is aware of and can best eniighten
the committee. / know of no proceeding
in which we would be denied this oppor-
tunity We certainly ought not to be
denied it I'm what the chairman has
characterized as a free. full and open
inquiry and not limited by the ordinary
rules of evidence"
Brandies Questioned.
Representative Madison asked Mr..
Brandeis If he regarded the Secretary as
a witness 10 material facts, and the at
torney declared he did.
And do you intend 10 examine him
on all points that you consider mate
rialo" inquired Representative Mccall.
"Yes, sir.
in other words, what you mean is that
you desire your eross-examination of the
witness to precede the direct eXamina-
ton" suggested Senator Sutherland
Il wouldn't put it just that way, re-
piled Mr. Brandeis. Mr.. Ballinger has
statement He has had the advantage
of being able to confer with the Presi-
dent and has made two statements to the
President
Doesn't that apply to all the witness
IS in theis proceedin2?' asked Repre-
sentative DENLY.
NO Ny client, Mr.. CLAWS, has not
had an equal opportunity.
MIR Brandes admitted that he desired
Ia have the right to examine Mr.. Bal
finger in his own way. Representative
t)imsted said he thought Mr.. Ballinger
should have the opportunity first to make
his statement 10 the committee in his
own way
Mr.. Brandeis was directed 10 proceed
with his other Witnesses. the Ballin2er
matter being deferred for the time being
Managing Director Birch Heard.
Stephen ID. Birch, managing director
of the n-Guggenheim syndicate in
then was sworn. He said the
syndicate was composed of j. p. Morgan
Il Co and some members of the firm of
NJ Guggenheim Sons MIR. Birch recently
appeared before the Senate committee on
territories and gave the testimony which
he repeated today. He said he first saw
Clarence Cunningham in connection with
his claims I'm Seattle early In April, 1907.
Under date of August II. 1907, Clarence
wrote to Daniel Guggenheim,
thanking him for the promptness with
which he had taken the matter up and
saying he would sail within two hours
with a representative OF the syndicate to
inspect and examine the coal property.
The Guggenheims had notified Cunning
ham that they had been advised by coun-
sci not to purchase the claims in their in
completed state, and had requested that
the patents be hurried. In reply Mr.. Cum
ningham wrote that the issuance of pat
ents was a matter which rested with the
of the government and could
not be hurried. although he had been in
formed the commissioner OF the land Of
fee (Mr Ballinger) had intimated that the
matter would all be cleaned up in nine
ty days.
John N Steele. attorney of the Morgan
Guggenheim syndicate, had been called
upon from time to time by Mr.. Brandeis
for statements and letters while Mr.. Birch
was on the stand. 1t was suggested that
Mr.. Steele be sworn.
Chairman Nelson caused a ripple Of
laughter in swearing the witness by
pledging him to the truth of Testimony
already given and to be given"
Following this ceremony, Mr.. Brandeis
read telegram from Daniel Guggen-
helm to Clarence Cunningham, dated De.
cember Z, 1907. finally accepting the
proposition made in the memorandum
agreement Of July 20'' by Messrs. Cum
ningham. Moore and Campbell on behalf
of themselves and their associates. A
letter from Cunningham acknowledging
receipt OF the telegram also was put In
evidence.
No Promise by Ballinger.
Mr.. Birch said that in none of his con-