The Birmingham age-herald., 1910-03-11
Witness Brings Up Story of kRdaVitSubnited By Mr.
 Ba|Iinger
EFFORT MADE ID HIDE
 GUGGENHEIM INTEREST
MT. Garfield Shows That Affidavit Made by BaIlinger About the Alaskan Claims Was Not Truthful
 Statement of Facts

Washington. March 1o--James k. Garfield, former Secretary of the In terior, was finally excused from the witness stand at the Ballinger-P Pinchot investigation late this afternoon. Ills final half hour before the committees furnished the sensation of what had been up to that time a decidedly dull day.
 Mr Garfield stated that MT. Ballip- ger after resigning as commissioner of the land office, submitted to him September r. 1908. an affidavit signed by Clarence Cunningham and contain ing the statement that the Guggen- helms had no interest whatsoever in the Cunningham group of coal mines in Ala ska. while, as a matter of fact, the records of a recent hearing be- fore the Senate committee on terri tories show that prior to the making of the affidavit the Guggenheim syn dicate had been given an option of a half interest in all the Cunningham claims.
 Attorney Erandeis, who was question: ing MT Garfield. followed up these dec
 
 Ballinger's report to President Taft. September last concerning the Gla- wis charges. the statement that MT. Ballinger had suggested to Mir. Gun ningham an amendment to an affidavit made prior to the one which he pre- sented to Secretary Garfield in Sep tember. 1908. and that MT. Cunning Inan made ths amendment by explain- ing in detail what he meant by certain terms used in his former affidavit. Impression Upon Garfield Mir. Garfield said Mir. Ballirger in giving him the affidavit left the im- pression that his action was entirely casual and that he had been request ed by friends in Seattle to leave it on file for whatever it might be worth.
 Mr. Brandeis then called attention to the fact that the name of MT. Ball fingers law firm was printed on the backing of the affidavit
 The former Secretary of tie Interior was examined and cross examined IS to his administration of the office which he gave up to Mir. Ballinger March D. 1909.
 MT. Garfield in explaining what he did in the matter of the withdrawal of the lands without specific provision by law declared he was working in the in terest of the people and to prevent monopolistic control of power sites and consequent extortionate prices to the consumer.
 The former secretary took issue with MT Ballinger as to certain statements made by the latter in his reply to President Taft regarding the various charges made against him.
 MT. Garfield said he could not re- call any conference with MT. Ballin- ger regarding the Cunningham coal claims although MT. Ballinger said lie had Immediately conferred with MT. Garfield after the receipt of Glavs pro test against the clear listing of the Alaska claims.
 MT. Garfield admitted that in urging general coal legislation by Congress early in 1908 he had made the state ment that he was willing to condone fraudulent entries in Alaska, provided the entrymen were compelled to pay an increased price for the land to the government.
 The inquiry will be resumed tomor- row morning.
 Price for Entry of Land
 At the opening of the hearing Mir Gar field said that he and MT. BalllnCer. who was then commissioner of the land office differed on the question as 10 whether proposed future classification of coal lands in Alaska and an increase of price over sl0 an acre should apply to locations al- ready made and entered. The witness said Mir. Ballinger thought lands already entered should be allowed patent at the x0-an-acre price. provided by the old law.
 This would have allowed the Cunning ham claims to be paid for at that price.
 Questioned by Senator Sutherland Mir. (sa.. 9<yl hA lalfa oIf \, to locations made in good faith the entrymen should have the right to the s1O price.
 My Dear Jim and My Dear DiclS'' were the salutations used respectively by Mir Garfield and Mir. Ballinger in ad- dressing each other in two letters ex- changed after MT. Ballinger left the land office in April, 1908, and while the coal bills were still pending. MT. Ballinger's letter concluded with the statement that before leaving Washington he had talked with President Roosevelt about the whole matter. and that the President had com mended his action.
 GarfeId's Position
 Replying. Secretary Garfield urged MT. Ballinger not to be disturbed about his position on the coal bills; that he had always understood it and had told news paper men that there never had been any misunderstanding. MT Garfield said he had never read MT. Ballingers testimony before the congressional committee. how ever until he had gone out of office.
 Senator Nelson questioned the witness closely as to statement that Ballinger had been in error in stating Mir. Gar fields position to the Alaska coal bills MT Garfield said his recommendations cited hv Mr. Ballnger applied to a gen. eral coal bill and not to the Alaska meas ure.
 Replying to {. question by Senator Nel- son Mir Garfield said .'"rhe effect of the section whic,. I recommended was that if the entire coal passed and the govern ment adopted new policy as to coal deposits. there should be a validation of all entries of new classified price. Up 
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