The San Francisco call., 1910-01-27
Saws Orders Were Modified

When Jones. after a preliminary in
vestigation returned to Seattle in
August. 1907 he was directed to re-
port at once 10 Commissioner Ballinger,
who was in Seattle at the time.
we claim" said Brandeis, ''Commis-
sioner Ballinger thereupon modified the
orders which had been given to Jones
by Assistant Commissioner Dennet to
make d full and thorough investiga-
ti0n' 10 making only a part investi-
cation, taking only one or two afhda-
wits in each group, instead of fully
covering the letter
Mr. Ballinger also stated that il
patents could not be granted on the
lands as matters stood, relief would
be requested Of congress. Jones had
been sent to Alaska because Special
agent Love Of the department, who had
jurisdiction, lived in Alaska and was
more or less closely identified with the
claimants. Love, however, aided Jones
i'm his work
There were repeated conferences in
Seattle between Jones and Ballinger
and various directions were given by
BslInger. both to Jones and to Love.
There was a full discussion as to the
rights, legality and fraud Of the Alaska
claims"
Brandeis then went more briefly into
the CLAWS charges against Ballinger.
as presented TO President Taft and
acted upon by him. He said recon-
Inendations by Claws and Jones in the
Alaska case were not acted on by Com
missioner Ballinger. CLAWS sought an
= afidavit from a man named Davis.
Davis said he had talked the matter
over with BsIlinger and had been told
not to make any statement.
Hurried Patents Sought
After this Claws came to Washing
ton and urged with the land Office as
10 the danger of scandal I'm the Alaska
cases He then was directed to pro-
ceed with a full investigation. Soon
after he left Washington, however, ex-
Governor Miles c. Moore came here to
see BaIlinger-to see II the claims
could not be hurried to patent.
Senator Nelson charged the at
torney with withholding the fact that
Moore was referred to the assistant
secretary Of the interior.
Brandeis said Senator Nelson was
mistaken and was thinking of Bal
nngeras action in May, 1909, as secre-
tary of the interior. while he was
spea king Of BalIinger's action as com
missioner Of the land office in 1907.
4 am stating what is distinctly a
no question" said Brandeis.
In January, 1905" he continued
CLAWS heard that Ballinger had ordered
the Cunningham claims to clear list
ing for patent He at once telegraphed
asking that this action be suspended,
and came on to washington He said
he had Just obtained possession Of the
Cunningham journal, which bore con-
elusive evidence of fraud.
He met Governor Moore and Clarence
cunningham here and was told by
Moore that but for his (Glevis) action
the land would have gone to patent.
CLAWS also discovered that, con-
frarv 10 all practice, Cunningham and
other claimants had received informa-
ffor as to what field agents of the
,seDa rtment were doing. Cunningham
sa id he had copies OF all the papers on
ffe and there was nothing in them TO
urevent the lands going TO patent"
Rrandeis claimed that when CLAWS
finally was directed to make a full and
thorough examination he was given
only two months and said it would be
impossible to have prepared the gov
ernment's case against the claimants In
that time
Specific Charge Asked
The attorney again was interrupted
md asked to outline the specific
charges against Secretary Ballinger.
1T appears first" said Brandeis, that
Rallinaer while commissioners of the
Ian6 ofT7ce. took an active part in the
controversy and investigation which
arose as to the validity of the Alaska
coal lands. and, by ordering some OF