The San Francisco call., 1910-04-16
"BIG GUNS ARE
Held in RESERVE
Prosecution in the BalIinger-
Pinchot Inquiry Laying in
Wait for Secretary
Seek to Delay Witness Cross
Examination Until Cabinet
Officer Takes Stand

WASHINGTON, April 15.-The pros
ecution" in the Ballinger-Pi con-
troversy indicated at today's hearing
by the congressional investigating COM
mittee that it was holding it's big guns
in reserve until Secretary BaIIinger
takes the stand
Attorney Brandeis sought permission
to defer the cross examination of Frank
Pierce, assistant secretary of the in
terror, who concluded his testimony to-
day, until after he had an opportunity
TO question Secretary Ballinger The
committee appeared to be divided as to
whether Brandeis should be allowed to
recall witnesses for the defense" after
they had been excused from the stand
1t was decided to defer the decision un-
til tomorrow because of the scant at
tendance of the committee.
THREE WITNESSES HEARD
Two witnesses besides Pierce were
heard today. Francis Clements. assist
ant law officer of the interior depart
ment, and Edward c. Finney, assistant
to the secretary of the interior, both
corroborated Pterce's testimony in sew
eral particulars. Pierce, early in the
nearing, contradicted the testimony of
l.. r. CLAWS that Pierce had sent for
CLAWS to talk over the constituting of
the new law of May %, 1908, regarding
coal claims. He denied he had any talk
on the subject with CLAWS Both Glenn
ents and Finney denied CLAWS had said
anything to them about Secretary Bal
linger having expressed the intention of
applying to the attorney general for an
opinion on this law, as CLAWS also had
testified.
Finney took on his own shoulders the
responsibility for the letters written TO
Senator La Toilette in which Ballinger
was quoted as saying the water power
sites, withdrawn under the Garfield ad-
minfstration, had been restored on rec
ommendation of the reclama tion serv-
ice. Officials of the reclamation serv-
ice denied making such recommended
tion. Finney said he had prepared the
letters by the direction of Ballinger. but
he did not know whether Ballinger had
read them, although they came from
his desk with his signature attached.
SAYS LETTERS WITHHELD
Before Pierce resumed the stand
Attorney Brandeis made a lengthy
statement, charging that the interior
department had failed to furnish GER
tain correspondence called for by him
in a letter to the committee dated
January 81. Brandeis said the corre-
spondence related to the statement of
Attorney General Wickersham that
CLAWS had been guilty of "habitual
procrastination" in falling to institute
suits against claimants of Alaskan
lands. He said he expected to show by
this corresp spondence that CLAWS had
not been negligent in this matter.
Chairman Nelson told BrandeiS to
write letter enumerating the papers
needed and he would see that they
were Forthcoming. Brandeis said all
he could do would be to repeat his re-
quest of January 27.
Pierce denied that the Cunningham
claims cases would soon be decided.
II want to say right here" exclaimed
Mr.. Pierce, that no decision will be
announced in these Cunningham claims
until every one of the 20 lawyers in
my department have made an ex-
haustive examination of the record.
When this is done 1 shall send the
record to the department of agriGul-
ture and ask for similar careful ex-
animation at the hands OF the large
force of lawyers there.
Us this extraordinary care which
you propose to give to these cases due
to the magnitude of the claims or the
publicity which they have attracted?"
asked James.
Both" retorted the witness.
Recess was then taken.