The Washington herald., 1910-01-27

The first session OF the joint committee
Of Congress. investigating the Ballinger-
Pinchot controversy took a VIDE range
yesterday.
The committee met at 2:S0 O'Clock and
called Louis K CLAWS to the stand as a
witness. but before he had proceeded far
a desire was evinced by certain members
OF the committee for an outline OF what
the witness proposed TO prove.
Thereupon Louis D. Brandeis, OF Bos-
ton. attorney for CLAWS. took the floor
and occupied most OF the afternoon in
outlining the case. It proved far from
an interesting recital. and Mr.. Brandeis
was admonished several times not to
argue the case but 10 briefly state what
he proposed TO prove.
Piled with Questions.
He would probably have concluded
much earlier, but he was piled " j eues-
tons by members of the committee con-
cerning certain phases of the testimony,
and in the colloquies that ensued, much
time was lost. At one time. the chair
man, Senator Nelson, OF Minnesota, inti-
mated that Mr. Brandeis had withheld
certain information which. in Justice to
Secretary BaHinger, he should have
stated
But II was soon made clear to Mr. Mel
son. that the attorney was referring 10 a
phase OF the case when Mr.. BslIinger was
commissioner Of the General Land Office
while the Senator had in mind later
period.
When the hearing opened. the COM
mittee room was crowded with a repre-
sentative audience clifford PinchOt occu-
pied a CONSPICUOUS seat in the front row
fianked by Henry L. StimsOn. Of New
York, and Overton ". Price. lis former
assistant
In the audience we're many women.
When the roll OF the joint committee was
called. Senators Flint and Paynter were
absent. Messrs. Flint and Paynter came
in later.
The actual testimony brought out raised
a question Of professional ethics rather
than one OF official misconduct CLAWS
testified that while he was a special agent
investigating applications for coal land
claims in Lewis County. Wash. known
as the Wilson Coal Company cases" he
obtained a deposition from Watson Allen.
OF Seattle. who represented the Wilson
Coal Company, IN which Allen stated that
r. A. -Ballinger. then a practicing at
torney. had drawn Up an agreement and
certain deeds 20 be held In escrow con-
veying the interests in the lands OF the
entryman to the Wilson corporation.
Claws claimed that he obtained this
deposition In conjunction with Henry NJ
Hoyt. then assistant district attorney of
the State Of Washington, who is now
attorney general for Porto Rico.
Sought an Inference.
The inference sought TO be conveyed
by thes witness was that Mr Ballinger,
by the professional service he had rem
dered in thif case. had been party to a
transaction which would have ultimately
led to perjury and q fraud upon the pub
lie land laws. He explained It was nee
essary for an entryman IN making his
final proof TO make affidavit that he. the
affiant, was the sole party in interest in
the land patent.
CLAWS stated that Mr.. Ballinger's name
appeared as attorney in the disposition,
but when the Wilson Coal Company case
later was carried into the courts by the
government in a suit to invalidate the
title to the lands. he heard that the at
torneys for both sides entered into a stip-
ulation that in the record OF the case the
name of Mr.. Ballinger should be omitted
and that it had been omitted in pursuance
TO this agreement
The witness, in reply to a question, ad-
mitted that this had no direct relation
to the Cunningham coal land cases In
Alaska, except as 70 its bearing upon
the general conduct Of Mr.. Ballinger.
1t was at this point that Representative
DENLY. of Michigan. showed impatlence
at the course the testimony was taking
and demanded to know what the witness
intended to prove.
DENLY Wanted Facts.
MT. OeubS hdlu lie lHONSNL lDe COM
mittee was entitled to hear an Outline OF
what the testimony was intended 70 es-
tablish, so that the members would be
able to follow the witness with some de-
gree Of comprehension. Representative
James. Of Kentucky. suggested that Mr.
CLAWS attorney proceed with the exam
ination and develop the case.
| In the course Of his further statement
| Mr. Brandeis reached that phase of the
BaIlinger-Pinchot controversy which re-
! lates to the alleged statement of Charlie,
! Davis. Of Seattle, an Alaskan claimant
| in which he is alleged to have told CLAWS
when the latter asked him for an afn
dayit regarding what is known as tn,
Hunt group" of coal claims, that Com
missioner Ballinger had told him to max,
a