Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-01

did not attend the session. Illness was
given as the cause for his action.
The appointment OF q successor has
been left to Senator Money, the NIL
norlty leader OF the uppcr house OF
Congress, and he offered the place to
more than half dozen senator's today
without being able to Induce any one
of them TO accept.
Clifford Pinchot was on hand this
afternoon In answer to subpoena
Senator Nelson asked if any men,
Der OF the committee had any qucs-
tions to ask the witness. Representa-
tive Graham OF Illinois and Senator
Fletcher of Florida, both Democrats.
alternately took up the examination.
Glavis's attention was called TO the
fact that on Saturday he had testified
that bennett was anxious to have in
hucntial support to be reappointed
commissioner OF the land office. He
was asked whose support bennett
had.
II understood he had Representa-
tiyes McKinnlay and MeLachlan OF
California and Representative Kinkaid
OF Nebraska behind him." replied the
witness.
Were any of these claimants under
the Cunningham group?"
mo. they were all in the Green
group"
The witness said he had learned,
also. in letter from II. II. Schwartz,
that Senator Guggenheim also was
supporting bennett
Answering questions by Senator
Fletcher. CLAWS said Mr.. Ballinger.
while land commissioner. appeared
before congressional committees In
1907 and favored n bill which would
have validated all the coal entries In
a r1a l,r.x1 y.
CLAWS said he had reported favor
ably on only 21.
CUNNINGHAM CLAIMS.
CLAWS said II patents had been is
sued 200 acres of coal lands would
have gone TO the Cunningham group.
Senator Fletcher took the witness
back over a large part of his testi-
mony.
What did secy. Ballinger have to
do with the Cunningham AFFIDAVIT of
September. 190S?" he asked
THAT is the one he prepared, at
least 1 believe he prepared II. though
do not know OF my own knowledge"
What reason have you for believing
it?"
THE backing of the affidavit Ind
the name of Judge Ballingcr's law
firm on 1t, and Schwartz told me-
Now. as to the coversation you
had with Mr.. Ballinger when he re-
quested you to discontinue your In
until after the election In
1908. just what did he say7" asked
Senator Pitcher
He did not ask me to discontinue.
for / had not resumed-I told him
had been detailed to take up the
case again and he said he
wished ] would not because men like
II. C. Cheney and C. j Smith, who
had been liberal contributors to the
fund in the past. were mad
and were holding off because their
claims had not been patented.
WAS any one else present at this
2''
mo. sir 1t was in n lobby of the
Portland hotel. at Portland. Or. We
had been talking there for an hour or
more"
when did you first call in the for
estry serviee?" Senator Fletcher next
inquired
Il sent gentleman to the law Of
Ice of A c. Show of the forest service
July IS. 1909"
did not you think it Incumbent upon
you TO consult your superiors before
aking that action2"
mo, sir; not under an agreement
reached between Secy. Garfield and
Sccy Wilson"
"Why did you telegraph Shawl
Because / wanted the hearings in
he Cunningham cases postponed"
ITO what extent after that did the
orestry enter into the matter2'
Shaw telegraphed me he could not
,ome to Seattle. but sent the law of
lcer at Portland to see me He wont
'yer the papers with me and agreed
hat a field examination was neces-
ary"
What was the name of that law
fficcr?" demanded Senator Nelson
His name was Pearce."
do you know a Donald r or Donald |
|. MacKcnzie?" asked Senator Fletch- |
Yes. sir; I think It is Donald A."
What relation did he bear to Com |
missioner bennett and Secy Rallin-
err"
He was very friendly with both"
GARFIELD AND CABINET.
The witness then told OF a conversa-
lon he had with a Judge Mackenzie,
, which the latter said the reason why |
ames Il. Garfield was not in President
'aft's cabinet was because of his an
lgoniSm to the coal claimants in Alas
u
Did he tell any other reasons why |
Ir. Garfield was not In the cabinet"
Sked Representative Olmstead amid
lughter.
No. sir"
Senator Root here entered vigorously |
lto the examination.
Whom did Mackenzie make this
tatement to?" he asked.