Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-04-15
INDIGNANT AT STORY CONTRAD|CTS GLAV|S|
Roosevelt Denies Making a Pierce Denies He Summoned
Political Declaration Younq Man.
STATEMENT FROM GENOA ATTORNEYS AGAIN CLASH
Published That He Had Told Brande Says Department
Pinchot He Would Run Again Furnish Papers.
H0N0RED BY AUSTRIAN RULER CARE IN CUNNINGHAM CASES
seph-Vists Tombs Of Hapsburgs cison Him
Witnesses Review. Only Thorough Search.
Pierce Denies He Summoned
Young Man.
ITT0RNEYS AGAIN CLASH
Brandeis Says Department Did Not
Furnish Papers.
CARE IN CUNNINGHAM CASES
Assistant Secretary Declares De-
cision Will Be Made by Him
Only After Thorough Search.

Frank Pierce first assistant secretary of
the Interior, who began his service under
Secretary Garfield and was continued in
Office by Secretary Ballinger was the
witness before the Ballinger-Pinchot COM
mittee of inquiry when its sessions were
resumed today
Before Mr.. Pierce took the stand At
torney Brandeis made lengthy state
ment to the committee. in which he
charged that the Interior Department had
failed to furnish certain correspondence
called for by him in letter to the com
mittee. dated January q. Mr.. Brandeis
said the correspondence desired related
to the statement of Attorney General
Wickersham that CLAWS had been guilty
OF 'habitual procrastination'' in failing to
institute suits against claimants of Alas
kan lands. He said he expected to show
by this correspondence that CLAWS had
not been negligent in this matter.
Vertrees Up in Air.
Chairman Nelson told Mr.. Brandeis to
write letter, enumerating the papers
needed, and he would see that they
were forthcoming from the department
Mr.. Brandeis said all he could do
would be to repeat his request of Janu-
ary 27. Attorney vertrees said he re-
sented the imputation of opposing
counsel that papers had been withheld
by the department
That Is not true: there Is not a word
OF truth in it, said Mr.. Vertrees. heat
edly.
The committee then adopted a motion
that the department be asked to pro-
duce the correspondence demanded by
Mr.. Brandeis, and Mr.. Pierce resumed
his testimony.
Mr.. Pierce denied that he had told ex-
Gov. Moore, one of the Cunningham claim
ants, that he could have his patents with
out an examination under the new law
OF May -, 1aO6. He said Land Commits
sioner DenHett had construed the law diff
ferently, and had told Moore he could
have his patents without bearing
Contradicts CLAWS.
The witness fatty contradicted the tes-
timony given by L. r. CLAWS that he
Pierce) had sent for him and told him
MIR. Ballinger had turned the matter of
constituting the law Of May o. 1908, over
to him, because he had represented some
Alaska coal claimants and did not want
to have anything further to do with It.
He denied that he had had any talk on
the subject with CLAWS, and that Mr.
Ballinger had formally turned the matter
over to him Tor an opinion.
why did you send for CLAWS, them"
asked Representative Olmsted.
II never sent for Claws replied the
witness. emphatically, land never dis
cussed the matter with him.
The committee questioned Mr.. Pierce at
great length regarding the status of the
Cunningham claims and as to whether he
would be, In effect, the court of last re-
sort in deciding whether the claimants
were entitled to their patents. The &ft-
ness replied that neither the claimants nor
the government would have an appeal
from his decision.
Ballinger Might Revise It.
function with that of prosecutor" in
quired Senator Root
THAT Is a question which has bothered
me a great DEAL" replied Mr.. Pierce He
expressed the personal opinion that the
prosecution of land cases should rest
with the Department of Justice. He ex-
planned. however. that when officials of
the general land office appeared before
him in the role Of prosecutors he consid-
cred them as such and did not allow the
fact that they were government officers
to influence his decision.
Representatives Graham and James
both sought to secure an admission from
the witness that his decision in any case
would be subject TO the review or the
Secretary himself. Mr. Pierce said he
supposed the Secretary would have
legal right to do 50. but he could not re-
call any case where the Secretary had
reversed or revised q decision of one of
his assistants.
No Decision Yet.
II want to say right here exclaimed
Mr.. Pierce, that no decision will be an
nounced In these Cunningham claims un-
til every one Of the twenty-five lawyers
in my department have made an exhaus-
tive examination of the record.
Then when this is done l shall send
the record to the Department of Justice
and ask for q similar careful attention
at the hands of tie large force of lawyers
there
lis this extraordinary care which you
propose to give to these cases due to the
magnitude of the claims or to the pub
licity which they have attracted?" asked
Mr.. James.
Both retorted the witness.
At this juncture the luncheon recess