Omaha daily bee., 1910-01-27
Louis D. Braadeis, Attorney for
CLAWS, Outlines Charges.
IMPROPER CONDUCT ALLEGED
Ballinger Said to Be Attorney in
Wilson Coal Case.
BEFORE HE ENTERS LAND OFFICE
Allegation that Deal Was Irregular
and that He Knew It-Alaskn
Lands Saved by Interven-
tIOn of witness.

WASHINGTON Jan. 2sNrh Ballinger-
| Pinshow congressional committee OF in
quiry began its public sessions today with
Louis r. CLAWS, the chief acSuser of Sec
retary Balllnger, on the witness stand.
| Due to many interruptions and the final
decision Of the committee to insist that
! CLAWS counsel should make an opening
statement OF what specific charges were
made against Mr.. Ballinger the witness
did not get very far along in his narrative.
There was opportunity, however. to draw
some conclusions as to the preliminary
lineup Of the committee
In his enthusiasm over the actual be-
| ginning OF the inquiry and as the result
of tendency to argue his view Of the
testimony to be adduced, the special
counsel for CLAWS, Louis d. Brandeis OF
Boston. had some difficulty in reducing
his statements to a brief recital of the
charges, but finally he summed up the
case for the prosecution" in this way:
That prior to entering the government
! service I'm any capacity r, A. Ballinger
acted as attorney In drawing up an agree
dnent in escrow and deds in the Wilson
| Coal company cases in Lewis county.
| Washington, these cases being an alleged
| fraud the land laws Mr.. BallinEer's
name did not appear in the court records
! of the case.
Cunningham Coal Claims.
"That Mr., Ballinger, as commissioner of
the land office in 1907, did not show due
diligence in investigating the alleged
frauds connected with the Cunningham
coal land claims in Alaska that he had
knowledge Of all the circumstances sur
| rounding these claims and in spite of this
entered the employ of one of the claim
| ants after leaving the land office and be-
| fore becoming secretary of the interior;
that he ordered these claims to be 'clear
| listed for patent without due investiga-
! ton, and they would have gone to patent
If CLAWS and others had not interviewed"
| 1t is not any one act but a series of acts
and circumstances declared Mr. Brandeis
adding that 1t waA FOR the committee to
determine whether on not the lands which
would be held for the benefit Of the people
and of posterity ARE in safe hands"
Senators Nelson Root and Sutherland and
Representatives Olmstead and Madison
were the more active of the committeeman
in plying the witness and his attorney with
questions, and many times they referred
to Secretary Ballinger's denials and sought
explanation OF what they considered dis
crepancies in statements.
! The democratic members of the commit
tee were not much in evidence today Rep
resentative James asked only a question or
two and in each instance only to clarity
some point at issue. Representative Ora
l am, the other democrat took issue with
Senator Nelson during the final minutes OF
the hearing and declared in a certain in
stance the burden of proof was upon the
! secretary of the interior rather than upon
the accusing witness.
The inquiry will be resumed Friday morn
| L.. Il -. a.. At.--
and afternoon sittlngs every Friday and
] Saturday.
| Attorneys for CLAWS and PInchot.
Mr., CLAWS announced that he would be
| represented throughout the hearing by two
attorneys Louis ID. Brandeis OF Boston,
and Joseph b. Cotton OF New York.
Messrs. Pinchot, Price and Shaw are coll
! lectively represented by George w. Pepper
an attorney of Philadelphia. Mr.. Pepper
and the CLAWS attorneys win cooperate
! regarding the conduct OF investigation
Secretary Balllnger and Commissioner
| bennett of the land office have both stated
that they have no desire to be represented
by counsel, asking only that the inquiry be
thrown wide open"
| CLAWS requested that his testimony be
taken through an examination by his coun-
sci. He then was sworn and Senator Ned
son asked few preliminary questions.
! What If anything, do you claim to have
been amiss in the administration OF the
public lands?' was the poser the chairman
shot at the witness.
| CLAWS said he could not answer the ques-
ton briefly.
Go ahead and tell 1t all In your own
way" said Senator Nelson.
CLAWS was a trlfle nervous as he began
He talked with quite lisp. He commenced
by going back TO the time when he began
work field agent OF the land office
/ on the Wilson Coal company cases in
Lewis county, Washington, in 1901 and 1902
Mr. Ballinger. he said, was attorney for the
! Wilson company.
CLAWS declared that BaIlinger's name did
not appear in the court records of the
Washington coal claims and that he did
not appear in court at any time. The wit
ness said that Mr.. Ballinger, however
drew up an escrow agreement and prepared
the deeds for the claimants in the Wilson
cases
Ballinger had no government connection
at the time of this appearance.
CLAWS said that the information came
to him second handed, that a stipulation
had been entered into by the government
counsel in the Wilson cases and the at
torneys for the cI><mants, whereby the
-====7a OF Mr., Ballinger was not to appear
The witness said the records would bear
! him out
The counsel for the government con-
sisted OF p. c. Sullivan and Henry M
Hoyt The proceedings against the Wilson
claimants are stu pending, CLAWS claimed
that Ballingers participation amounted to
a conspiracy IN fraudulent claim against
| the government
AInBISa Coal Fields.
Claws next turned to the Alaska coal
fields and described I'm detaf the location
and extent OF the Cunningham claims.
CLAWS proceeded TO tell OF his conversa-
tion with young Charles ID. Davis OF