The free lance. (Fredericksburg, Va.) 1885-1926, 1910-04-05
A LIVELY SCRAP
Senator Nelson's StirS Bal
linger PrOberS.
TESTIMONY CALLED FALSE
Chairman OF Committee Accused Ola
Wis Lawyer Of COncealing Ger
tain Facts and Preeipitsted
Partisan War.

Washington. April 2-The charge
ny Senator Nelson that Attorney
Brandeis. representing the prosecu-
ton. was deliberately trying to deceive
the committee. precipitated a wrangle
In the session OF the Balllnger investi-
cation that diverted attention entirely
from the testimony that was being
heard, Senator Nelson made his re-
mark during the cross-examination by
Mr.. Brandeis OF Elmer f. Todd. Unit
ed states district attorney of Seattle.
Wash. the first witness called by the
defense.
White and shaking with anger. Mr..
Brandeis shouted. Mr.. Chairman.
resent the imputation that have at
any time attempted to deceive this
committee | submit that the chair
mans remarks should be withdrawn"
Il won't withdraw It," responded
Senatir Nelson. with almost as much
heat as Mr.. Brandeis displayed.
Refuses to Withdraw Charge.
Il think the chairman should with
draw the remark" interiected Repre-
sentative Graham.
HE won't" reiterated Senator Mel
son.
Then" Representative Graham re-
joined. Il move that Il Is the sense OF
the committee that The chairmsn's re
marks should be withdrawn. This Is
not the first time that the chairman
has reelected on Mr.. Brandeis. and
for one wish II a matter OF record that
he does not reflect the opinion OF the
committee" y
r Representatives Mccall and Olmsted
at once protested against the motion
being put to the committee. Represen
tative James seconded the motion.
however. and Representative Graham
insistedN that II be put And | shalt
ask for a record vote" ne added.
The chair will put the motion. ''
said Senator Nelson.
Il object" said Representative Nc
Call.
We'll. now. want 10 say some.
thing" Representative Madison broke
In. I'm not at all In sympathy with
the remark made by the chairman
but the chairman Is no more than a
member OF the committee. and he
doesn't represent the committee in
anything he may say except when he
Is announcing the formal action OF the
committee"
III Mr.. Madison's premises are cor
rect" said Mr.. Graham. then Il might
not be necessary for the committee "a
express Itself"
Il agree with Mr.. Madison" said
Mr.. Mccall ~ shall vote against Mr.
Graham's motion n Il is put. but !
trust II will not be put. do not think
Mr.. Brandeis attempted to deceive tire
committee. but don't think the com
mittee should express itself as to a
remark made by the chairman or any
other member"
Senator Sutherland cut into the ar
gument with the suggestion that the
wrangle was altogether unseemly.
Il think 81. too" said Mr. Olmsted
''and l move that Mr.. Graham's mo
ton be laid on the table"
The Motion Tabled.
When that motion was put to a viva
voce vote Mr.. Graham demanded the
ayes and noes. The roll was called and
Senator Fletcher and Representativ,
James voted with Mr. Graham in the
negative. Senators Sutherland and
Purcell and Representatives Mccall
Olmsted. DENLY and Madison voted In
the Affirmative. Senator Nelson did
not vote. and the incident was closed
With the remark that In the light OF
Representative Madisons statement
he was willing to let the record stand
Mr.. Brandeis resumed the cross-ex
animation OF Mr.. Todd. Mr.. Claw,
had testified that he had called Mr.
Todd's attention 10 the Alaskan lane
| frauds. but that the--fistrict attorne,
had failed TO take any action loikina
to criminal proceedings. Special AgeI'
Jones had testified to the same effect
with the added statement that Mr.
Todd had explained his failure to bring
action by saying that Judge HanforC
had a constitutional aversion to LAND
fraud cases. and he didn't want TO bs
Inundated by instituting proceeding.
that it was a foregone conclusion
would fail
Mr.. Todd contradicted fatty this ties
timony on direct examination. and Mr.
Brandeis could not make him reced'
from or alter the contradiction.