New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-07
.BALL|NCER IN HOT FIGHT
Brandeis Searches His Public
and Private Life.
OBTAINS NO ADMISSIONS
MANY Clashes Between Secre-
tary and Glavis's Counsel
Committee Losing Patience.

tary and Glavis's Counsel
Committee Losing Patience.
rFron The Tribune Bureau
Washington May 6.--When the BalinSer-
Pincho. committee adjourned late this
afternoon. Secretary Ballinger had been
subjected to a cross examination lasting
mere than eight hours. In that time MS
inouistor Louis D. Brandeis, attorney for
CLAWS, had opportunities to ask in
variety Of forms and varying degrees OF
in,onat1on hundreds of questions bearing
on the private and public life OF the sec
retarv of the Interior Mr.. Brandeis went
over the record with fine tooth comb In
his search for something to break down the
| testimony of MIR. Ballinger- Once or twice
he angered Mr. Ballinger. half dozen
times he provoked the trained lawyers OF
the committee and frequently he amused
the audience He was unable, however, to
get from the witness a single admission
not In harmony with the record evidence,
and the situation closed with a majority
of the committee out of patience and feel
ing that the day had been wasted
1t was a day of transformations and anti
clfr,1ayes As the session was coming TO
a close MIR. Brandeis apparently became
ratified at the perversity of witness VINO
showed remarkable heenness in detecting
the yelled insinuations of the lawyer and
who persistently refused to permit his in
duisitor to put words into his mouth. In
fact. Mr. Brandeis became so ratified that
he undertook to tell the committee what
it ought to do In framing legislation to re-
| lieve high government officials from sign
ing letters which they do not have time
to read. His suggestion that he should be
permitted to pursue a certain line Of cross
| examination with a view to developing the
desirability of an administrative reform OF
| this character seemed to amuse the Sen
ators and Representatives. who have grown
weary of the amending and fruitless search
for significance where none exists.
MIR. Brandeis's Suspicious.
Mr.. Brandeis's cross-examination to-day
was devoted to two general propositions,
and all his questions, phrased in infinite
variety of form, were asked with view TO
showing that President Taft acted on in
complete information when he acquitted
Mr. Ballinger of the CLAWS charges and
dismissed CLAWS, and that Mr.. Ballinger,
when Commissioner of the General Land
ONCE did not take into account certain
suspicious circumstances when he directed
the clear listing of the Cunningham coal
claims. Mr.. Brandeis intimated that there
was some covert purpose in Secretary Bal
fingers personal visit to Beverly to discuss
the CLAWS charges with the President. The
force of this was lost when Mr.. Baliinger
said that as soon as he reached Beverly ne
went to the golf links, where he found the
President.
That was a rather suspicious meeting
place. suggested Senator Nelson
Mr.. Brandeis sought to know that certain
papers bearing on the CLAWS charges hao
been omitted from the record submitted 10
the President by the officials of the interior
Department After he had asked in dozen
different forms why CLAWS had not had an
opportunity to reply to the answer hIeu
with the President Senator Root showed
some Impotence. He said Mr. Brandels
was seeking to have Mr.. Ballinger crlu-
else the President for his method or nan
ding the CLAWS charges. In the ordinary
and uniform practice of the government de-
partments it was not customary to hold
trial, in passing on the question OF whether
an employe should not De dismissed In
his own experience as a Cabinet officer
this question had arisen thousand times
The President was absolutely within his
rights In Diminishing CLAWS, and 1t was
u.aste of time to pursue the subject fur-
| ther.
few minutes later Senator Sutherland
told Mr.. Brandeis that he was wasting the
time of the committee. Representative
James found fault with this criticism, ana
there was peppery exchange between MIN
and Senator Sutherland.
| Several times Senators Nelson and Root
admonished Mr.. Brandeis that he was
fasting the time of the committee in ask
| ing frivolous and irrelevant questions, anu
once Mr. Root said that a question which
Mr., Brandeis sought to put was wholly
| misleading and unjustifled.
Nothing Withheld from President.
| Mr.. Ballinger repeatedly declared that
every paper having any bearing on the
CLAWS charges which would be helpful to
the President in reaching a proper decision
had been submitted. Nothing had been
concealed or withheld from the President
and he had reached his decision with all
the essential facts before him.
| Mr. Brandeis suggested that there might
he a difference of opinion to the relative
importance of papers that ought to be sub
mitted.
| When Mr. Brandeis again intimated that
| certain papers had been withheld and that
CLAWS had no opportunity to see the reply
TO his charges, Mr.. Ballinger said that the
question was an implied insult, and APP
pealed to the committee ''for protection
/ against the insoence of this man who is
| trying to cross-examine me-.
The incident was passed over after Rep
resentative Madison had said that it must
be apparent to every member of the COM
mittee that the papers prepared in reply
| to the CLAWS charges were not submitted
/ 70 CLAWS hut sent to the President.