The San Francisco call., 1910-05-13
CLAWS TRIED
after VERDICT
Was RENDERED
Ballinger Reads Letter From At
torney General Declaring
Statement Antedated
Secretary of Interior Compelled
to Modify Replies on the
Witness Stand


WASHINGTON, May 12.-The sur
prise in the Ballinger-P -Pinchot inquiry
today was the reading by Secretary
Ballinger of a letter addressed by At
committee in which he made the ad-
mission that he antedated the sum
mary of the CLAWS charges which he
prepared for the president
Wickersham said that he had dis
cussed the matter with the president
and supplied him with a mass of in
formation bearing on the subject, but
the summary necessarily was made up
afterward and properly bore the date
upon which the matter it contained
was presented to and considered by
the president
MORE IMPORTATION NEEDED
Coincident with the making public
of this letter a reply was received
from Oscar Lawler assistant to the at
torney general for the interior depart
ment, also concerned in the preparation
of the letter of September 13, 1909, ex-
onerating Ballinger and dismissing
CLAWS, stating he had kept no copy of
memorandum.
Lawler said that he prepared a re-
sumo at the request of the president
and delivered 1t to the attorney gem
eral.
In compliance with a renewed re-
quest by Attorney Brandeis, counsel
for Claws the committee a gain called
on the attorney general for this memo =
randum Claws counsel is trying to
prove that LawIer, practically an en-
ploye of the interior department, really
tried the case for the president and
the attorney general subsequent to the
PRONUNCIATION of the verdict" prepared
a summary in an effort to justify the
presidents action.
CROSS EXAMINATION NEARs END
The cross examination of Secretary
Ballinger was almost concluded. At
torney Pepper, counsel for former
Forester Pinchot. will question him for
a short time tomorrow on the subject
of the withdrawal of water power
sites.
H. II. Schwartz, chief of the field di-
vision of the general land office. will
follow Baliinger on the stand. He is
one of the "defense's" two important
witnesses remaining.
During his cross examination today
Ballinger made public kilograms be-
tween himself and A p Davis. chief
engineer of the reclamation service
showing that Davis was receiving pay
from a private concern for examining
an irrigation project in Mexico and at
the same time accepting government
compensation The secretary denied a
statement by Davis that he had au-
thority from the secretary to under
take private work. Davis was an
-Ballinger witness.
RULES AGAINST BALLINGER
Nearly an hour was spent by Bal
linger this morning in reading docu-
ments relative to decisions of the in
terror department on the construction
of the regulations prohibiting former
employees from appearing before the
department within two years after
severing their connection Herewith in
the prosecution of land cases pending
at the time they were in the depart
ment.
The documents showed that an in
vestigation of the matter had been
made at the instance of Secretary Gar
field after Ballinger and his nephew
J. II. Ballinger. had sought to appear
before the department in the Bayles
case The result was that the attor-
ney recommended to Garfield that the
matter should be permitted to remain
in status quo.
Ballinger said there was nothing in
the records to show what action Car
field had taken on that report
Ballinger contended that it was un-
derstood at the time that the prohibit
tion applied only to cases involving
money transactions. Ballinger, mean
while, had withdrawn from the Bayles
cases. but Jack Ballinger was per-
mitted to appear in 1t before the de-
partment.
ACCOMMODATIoN AS ATTORNEY
Questioning the secretary about his
connectin with the Cunningham claim
ants, Brandeis referred the witness to
a statement in his letter to the pres
ident that he had not been a legal
representative" of the Cunningham
claimants.
Ballinger reiterated his statement
that he had merely acted for them as a
matter of accommodation. He said
that Miles c. Moore had not been cor
rect in so referring to him in his letter
to him (Ballinger).
Referring to the testimony before
the committee of Henry M. Hoyt, for
mer attorney general of Porto Rico.
regarding his interview with Attorney
General Wickersham, to whom he went
at the instance of CLAWS to ask him
to review the Alaskan coal cases and
to have him pass on them, Brandeis
read at some length from Hoyt's state
ment.
ATTACK ON HOYT's vERACITY
Ballinger said something about that
man Hoyt having exaggerated the cir
cumstances of that interview
why do you say that man Hoyt?' "
Because don't believe he had any
ground for his statements before the
committee
You mean to say that Hoyt made an
untruthful statement to the committee
here under oath?'
IF you want to put it that way. 1
think he added color to the circum-
stances of his meeting with the At
torney General"
When Brandeis suggested that the
secretary was going a little far in
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