Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1910-01-27
CLAWS CALLED
BEFORE SOLONS
DEP0SED FIELD AGENT is THE
FIRST WITNESS
COUNSEL OUTLINES CLEAR CASE
AGAINST SECRETARY
Congressional Committee Demands to
Know if Charge of Corruption
Is Preferred, but Brendeis
Withholds Opinion

OPEN"
The Friday and Saturday sessions
will be held from 10 a. m. to 1 p m
and p. m. to p. m.
The hearing was held in the general
committee room on the second floor OF
the senate office building. Fofty-odd
seats provided for the public were filled
more than half of them being occupied
by women who appeared to be relatives
or personal friends of the principals.
Mr. CLAWS was on hand early. Mr..
Pinchot came in with Messrs, Price,
Straw and their attorneys.
Senator Nelson of Minnesota, pre-
siding, sat at the end of a long table.
On the right of the table sat the six
house members. On the left were the
senators. CLAWS leading attorney, Mr.
Brandeis, said he would not occupy
the time of the committee with pre-
linary statement as to what would be
shown.
Wanted Counsel
The witness requested that his testi-
mony be taken through an examination
by his counsel. He then was sworn and
Senator Nelson asked a few prelimi-
nary questions.
CLAWS was trife nervous as he
began. He talks with quite a lisp.
He commenced by going back to the
time when he began work as field
agent of the land office on the Wilson
Coal company cases in Lewis county.
Wash, in 1901-02. Mr.. Ballinger, he
said, was attorney for the Wilson COM
pany. CLAWS said he referred to these
cases as leading up to the Alaska
claims which formed the principal
subject of the inquiry.
CLAWS declared Ballinger'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 witness said Mr. Ballinger, how
ever drew up an escrow agreement
and prepared the deeds for the claim
ants in the Wilson cases. Ballinger
had no government connection at the
time of this appearance.
Representative Olmstead questioned
the witness for a few minutes. CLAWS
said he resided now at White Salmon.
Wash, and was in the = Ut growing
business.
Questioned by his own counsel, Cha
Wis charged, that when tine escrow
agreement in the Wilson case was
drawn up by Ballinger, it was an un-
lawful proceeding and the entrymen
had no right at the time to enter into
this agreement. The agreement, how
ever, never was signed.
CLAWS said the information came tc
him second handed as a stipulation had
been entered into by the government
counsel in the Wilson cases and at
torneys for the claimants whereby the
name of Mr.. Ballinger was not to APP
pear. The witness said the records
would bear him out.
Case Is Pending
The counsel for the government con-
sisted of p c. Sullivan and Henry NJ.
Hoyt. The proceedings against the
Wilson claimants are still pending
CLAWS claimed Ballinger's participation
amounted to a conspiracy in a fraudu-
lent claim against the government.
CLAWS next turned to the Alaska coal
fields, and described in detail the loca-
ton and extent of the Cunningham
claims.
After CLAWS had proceeded for half
an hour or more, going into the de-
tails of the Cunningham claims, Rep
resentative DENLY of Michigan inter-
rupted him.
REPRESENTATIVE James (Democrat)
Kentucky, said he thought the wit
nesses should be allowed to proceed
in his own way.
Representative Graham (Democrat)
should make the statement. This
course finally was decided on and At
torney Brandeis addressed the COM
mittee.
He said CLAWS attention first was
called to the fraudulent coal land
claims when he was in Seattle as
chief Of field division in 1907. Balm
ger at that time was commissioner OF
the land office. CLAWS heard that a
number of prominent people in Seattle
were interested in the fraudulent
claims in Alaska.
He met Special Agent Jones of the
land office who was on his way to
Alaska to investigate the Alaska
claims.
When Jones, after a preliminary In
vestigation, returned to Seattle in Au-
gust, 1907, he was directed to report
at once to Commissioner Ballinger who
was in Seattle at the time.
Request Modified
1--WE claim" said Mr.. Brandeis, "thai
Commissioner Ballinger thereupor
modified the orders which had beer
given to Jones by Commissioner Den
nett to make a full and thorough in
yestigation," to making 'only a par
tap Investigation, taking only one
or two affidavits in each group.
''Mr. Ballinger also stated that il
patents could not be granted on the
lands as matters stood, relief would be
requested of congress. Jones has beer
sent to Alaska because Special Agent
Love of the department, who had Jur-
isdiction, lived in Alaska, and was
more or less closely identified with the
claimants. Love. however, aided
Jones in his work.
"There were repeated oonfere 1ces in
Seattle between Jones and BallingeI
and various directions were given by
Ballinger both to Jones and to Love
There was a full discussion as to the
rights, legality and fraud of the '-laska
claims"
Mr.. Brandeis then went more briefly
into the CLAWS charges against Balm
ger as presented to President Taft. He
said recommendation by CLAWS and
Tones in the Alaska case were moi
acted on by Commissioner Ballinger
CLAWS sought an affidavit from man
named Davis. Davis said he had talked
the matter over with Ballinger and
had been told not to make any state
ment.
ton and urged with the land office the
danger of scandal in the Alaska cases
He then was directed to proceed witt
a full investigation. Soon after he left
Washington, however, former Governor
Miles G. Moore came here to see Bal
lingerie see IL the claims could moi
be hurried to patent.
Senator Nelson charged the attorney