The Birmingham age-herald., 1910-09-08
Five Members Unite In Adopt ing Resolution Adverse
 to the Secretary
WHOLE COMMITTEE MAY
 REVERSE THIS ACTION
Members of Committee Who Did Not Vote On Resolution Claim That No Quorum Was Present and
 Action Is Not Legal

Minneapolis, September 7.-Condemna- ton of the course of Richard A. Ballin- ger in the administration of the depart ment of the interior, of which he is sec retary, and a declaration that he should no longer be retained in that office, are contained in a resolution adopted today by five members of the congressional committee, which has been Investigating the Ballinger-Pinchot controversy. These i've, four democrats and one republican claim that their vote is binding upon the committee as a whole. This, however, is disputed by the other three members Of the committee, who were present today But five of the 12 members of the com- , mittee voted for the adoption of the res olution, which was offered by Representa- tive E. H. Madison of Kansas. an insur- gent republican, as substitute for one previously presented by Senator Duncan U. Fletcher democrat, of Florida. Con- sequently the question has arisen as to what action, if any, the full committee when it meets will take later.
 Representatives James and Graham and other democratic members maintain that
  that Chairman Nelson, republican. chair man of the committee, had stated in the meeting that there was no quorum. Dur ing the session no member had raised the point of no quorum and Representative James contends that the adoption of the resolution has the effect of expressing the views of a majority.
 Eight Members Present
 When the committee met there were eight members present, constituting a quorum, but before voting on the Madison resolution reached Senator George Sutherland, republican, of Utah, and Rep resentatfve Samuel M. Mccall. republican, of Massachusetts withdrew Chairman Nelson remained but took no part In the voting.
 The republicans assert that the with drawal of Messrs. Sutherland and Me- Call broke the quorum In this view Representative Madison joins. He said Final action has not been taken. No report has been adopted and a majority can, of course, if 1t sees fit, reverse to- days action.
 Another leading republican said: "It Is well known in parliamentary law that when a quorum is not present no business can be transacted but to, ad 5ourn."
 Incidentally he characterized the ac- tion today of members of the commit tee as the play of partisan politics of the grossest kind"
 The republicans say tbey do not see how the assertion can be made that a "quorum was present when seven con- constitute majority of this particular committee and that only six were pres ent."
  lieved to be along the, line of the mi- nority report which is being prepared for presentation. possibly at the meet ing Friday. The members at the meet ing today decided their report should be made public at the session here, along with the majority findings and given to the public immediately
 Madison's Resolution
 Representative Madison is preparin g m independent minority report which. it is said, will sustain the course of Clifford Pinchot.
 MT. Madison offered the following res- olution which was adopted:
 Resolved. That the finding of the committee be as follows, and a re- port based thereupon be prepared and reported to Congress-
 Il. That the charges made by L.. K. Glavis against Secretary Ballinger should be sustained; that in the matter of the disposition of the Cunningham coal lands MT. Ballinger was not a faithful trustee of the interests of the people. and did not perform his duties in such manner as to properly protect such interests.
 ''p. That the charges made by Mir Pinchot should be sustained that Mr. Ballingers course in the administration of the department of the interior has
 
 fidelity to the public interests; that this has been shown in his treat n,ent of the Cunningham coal claims, the restoration of the waterpower sites to en- try without intention to rewthdraw and fin his administration of the reclamation service, the latter resulting in unneces- sary humiliation to the director and tending toward the disintegration of the service. He has not shown himself to be that character of friend to the policy of conservation of our natural resources that the man should be who occupies the i'm portant position of Secretary of the In terior in our government, and that he should no longer be retained in that of flee"
 Amendments By James
 Amendments introduced by MT. James providing for presentation of the com mittee findings at the session in this city and for immediate publication were adopted Those voting to adopt the fore going along with the amendments, were the following democratic representatives Ollie M. James of Kentucky James M Graham of Illinois; Senators Fletcher of Florida, W. E. Purcell of North Dakota and the republican insurgent, MT Madi- son.
 The matter of the Cunningham coal lands figured extensively in the hearings held in Washington at which Glavis, the discharged chief of field division of the general land office, was a principal wit ness. Charges against Secretary Bal .< finger with respect to the Cunningham IT claims were made by Glavis MT Pinchots charges dweH largely or the question of western waterpower sites one member of the committed, Senator ' Frank J. Flint, republican, of California X ir abroad and is not expected for some |X fime.