The San Francisco call., 1910-01-29

Schwartz dated September %, 1908,
which said among other things:
"While Cunningham Is strenuous In
his afhdavits that they are not a part
of, or bonded to the Guggenheims, it
is little peculiar that their memo
randum book of expenses incurred
should proceed along from day to day
with great detail from the inception
of the claim in 1902 until December,
1907, and then close with:
''Fhe above sum was received from
Daniel Guggenheim in full for expense
incurred on account of the examination
of coal lands on his account-check re-
ceived, s1,359.6O.c
Campaign Contributions Sought
CLAWS said BalIinger spoke of the
difficulty he was having in securing
campaign contributions
He said" declared the witness, that
II. c. Henry and c. J. Smith. two of the
Cunningham claimants, had usually
been liberal contributors, but they were
mad because they had not received pat
ents to their lands and would not give
anything. | told Mr.. Ballinger j was
under orders to investigate the claims
held by these men. He said he wished
would not act on them until after the
election. 1 told him 1 wouldn't, and
NiN iAOb. was III TIE nlQSJ OIL a Dig
conspiracy case in Oregon and could
not have given any attention to the
other matter if / had wanted to- And
1t was favor to Ballinger as WE'LL
flaws said he next saw Ballinger in
Seattle in February, 1909, after it had
been announced that Ballinger had been
selected as secretary of the interior
in President Taft's cabinet. They dis
cussed the coal cases and BalIinger said
he thought that where there had been
only technical violation of the law
the patents ought to be issued. CLAWS
said he agreed with him
CLAWS said he was ordered Nav >
1908, to discontinue the Alaskan in
quiry and take up the Oregon cases,
where he had recommended that. if
something were not done at once. the
statute of limitations soon would prove
a bar.
But also said the Alaska investi-
cation should not be dropped at that
time" added Claws
In June, 1908, / presented a report
on the land cases to Commissioner Den
nett, but learning that he was to be in
Oregon soon I did not send it. When
he came to Oregon we discussed the
entire situation. bennett said he did
not think there should be any criminal
prosecution; that he thought it was
sufficient if the claims could be can
celed.'
Representative James: What crimf
nal offense had the claimants COM
mitted?"
Conspiracy to defraud the United
States"
Representative James And that in
volved perjury"
Yes"
Representative James But bennett
took the view that If they were kept
out of the land that was sufficient"
yes"
CLAWS said he was ordered back on
the Alaska cases in November 1908
but did not actually take them up until
March. 1909. He was busy on other
matters. He could have assigned one
or two agents to the case, but he pre-
ferred to give it his personal attention
as 1T involved millions of dollars.
At SIP o'clock adjournment was
taken until 10 o'clock Saturday.
The following witnesses today were
subpenaed to appear before the COM
mittee at the request of the prosecu-
tion:
Horace T. Jones, special agent land
Office, Portland, Ore; Arthur r. Bow
man, Cheyenne, Wyo.; Andrew Ken
nedy. Seattle; Henry NJ Hoyt, attorney
general of Porto Rico; p. c. Richard
son. Seattle.