The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-11
PROSECUTION"
SCORES POINTS
Continued from Page One.

that as n matter OF common rumor I'm
Seattle he had heard that he had taken
an active part in Piles's election.
Mr.. BrandeIs read a transcript OF an
article published in a Seattle newspaper
In January. 1905, Just after Piles's cleo
ton held in a Seattle hotel and Tate later
at social club, in which Mr.. Balinger.
then mayor. c. j. Smith. Z. II. Todd,
United States district attorney at Seat
tie; n. c. Heney and c. ]. Smith. two OF
the Cunningham claimants, participated
Mr.. Piles was quoted as saving in a
speech on that occasion that 81 owe my
election 10 Charles Sweeney. He made
me senator"
District Attorney Todd was quoted as
saying.
1--WE are all Sweeney men now"
Secretary Explains"
Mr.. Ballinger said he had some recol-
lection OF the celebration. but that he
had attended simply in his capacity as
mayor and did not recall and did not
Intend 10 attempt TO recall what was
said on that occasion.
MY appointment as commissioner was
accepted under protest" said Mr. Bal
linger 1T was declined by me when
Mr.. Piles wired me urging me 10 accept
] accepted only on the urgent effort of
President Roosevelt and Secretary Car
field and then only after full cousldera-
tor of what | conceived n public duty"
Mr.. Brandeis questioned the secretary
at great length regarding the clear list
y.
He asked him whether he thought the
clear listing was In effect a declaration
that the necessary examination for claims
had been made and there was no rea-
son why they should not be patented
Mr. Ballineer did not answer specific
ally as requested by Mr.. Brandeis.
Afternoon Session.
At the afternoon session Mr. Brandeis
questioned the secretary further regarding
tne clear listing of the Cunningham
claims, He sought 10 obtain an admls-
sion from the witness that the letter sent
To CLAWS by Assistant Commissioner Den
nett. advising that the claims had been
iear-hsted. merely meant 10 inform him
OF what had been done and TO advise him
that he should desist from his investiga-
ton OF those cases.
Mr.. Ballinger insisted that while he had
nothing to do with the form OF the letter,
he understood 1T 10 mean that he should
advise the department II he knew Of any
reason why the claims should not go for
ward 10 patent.
Passing on TO Glavis's subsequent tele-
gram announcing that the claims should
not be clear-listed, and questioning the
secretary as 10 his reasons for holding
them up. Mr.. Brandeis inquired:
Wasn't II a fact that YOU didn't dare
TO let the Cunningham claims go forward
to patent In view of Glavis's attitude?"
No; wasn't afraid of CLAWS or any
thing but suspicion. and I was merely |
exercising reasonable caution"
Mr.. Brandeis asked the secretary about |
his connection during The interim with
fore the land office. In all these cases. |
Mr.. Ballinger said he represented the
companies purely out OF accommodation, |
as It belonged to that class OF business |
his firm did not care to develop.
Reading a letter written by Mr. Bal |
linger as the representative OF the Han
ford ford Irrigation company In which he had
the witness about his relations with that
company.
Admits Having Stock
II have no hesitation in saying" said |
the secretary. that / had $4,000 worth OF |
stock in the company 1 have since dis |
posed OF it.
why did you not so state during your
direct examination inquired Mr.. Bran |
deis.
Because / did not think of it and did
not think 1t cut any figure. and don't |
think so now.
Returning again 10 the Cunningham
claim, Mr.. Brandeis asked the secretary |
why he had appeared as counsel for the
claimants before the land office after he
sioner OF the land office. Mr. Balllnger |
replied he drew up the affidavit for Clar-
ence Cunningham and presented it to
Secretary Garfield more as a matter of |
accommodation than anything else. He
said he had not appeared before the
land office In these cases lawyer,
Questioning The secretary as to whether
the improperly OF representing the Cum
ninghnm claimants before the land office
had occurred In his mind. MIR. Brandeis
pressed the witness for a direct an
Swer.
No Direct Answer.
Mr.. Ballinger merely replied there was
no occasion for IT TO occur TO his mind
as he was sa tisfled he was violating no
law.
The attorney referred To Attorney Cen
eral Wickersham's resume OF the Claws
charges, which had been prepared for the
president. Mr. Wickershnm construed
section 100 Of the Revised Statutes as
containing nothing TO prevent Mr., Bal
inger from appearing as counsel before
the land office within two years after he
had left It, Mr. Brandeis asked the sec
retary why he had not called to the at
tention OF the attorney general or of the
president that Secretaries Hitchcock and
Garfield had both made rulings TO the
and that Assistant Secretary
Pierce had ruled Mr.. Rallinger himself
;ould not practice before the land office
Mr.. Balllnger replied he did not con-
slider the rulings had any statute 10 back ;
them up