The Washington times., 1910-02-25
STEELE AND BIRCH
AGAIN SUBPOENAED
Testimony of Syndicate Rep
reSentatives Wanted By
Committee.
Continued from First Page)


Continued from First Page)
with Love in which the latter said he
was glad to he relieved of the investi-
eating work because some Of his friends
and neighbors were involved. This tes-
timOny corrObOrated testimony already
given by Claws.
Commissioner Baliinger. said Jones,
asreed with him that Love was not
proper man to carry on investigating
work.
Attorney BU3ndeis asked the nature
OF the numerous conferences with Com
missioner BalIinger. Jones replied he
was keeping AIT. BaIlmger informed OF
the progress OF the investigation. Jones
said he was under orders TO keep the
commissioner advised Of the progress
OF the investigation and he regarded
these orders as a modification of his
original instructions and regarded him
self as being under orders to Commits
sioner Ballinger.
Attorneys Purpose.
1t was evident that in bringing out
this testimony Mr.. Brandeis was en-
deavorinS 10 show that Mr.. Ballinger
mad an intimate knowledge OF the coal
cases instead OF only the formal knowl-
eJse" mentioned in Presidents Taft's
letter ia reply to the charges of CLAWS.
Jones said ne submitted report 20
Mr. BalluScr on August 10, 1851, and
also number OF attdaVltS Oh The va
TiOuS groups among them being aff-
80 III IFF IN "a nj n r. f1lT m
group tor which group Balinger be-
came counsel after he retired as COM
missioner. Jones also testified that he
and Love told Ballinger al they knew
about the Cunningham and otherlclalmS.
When he drew up his report, said
Jones. Agent Love was present. He was
asked TO sign IL, but declined, although
the report was based. in part, on afii-
davits gathered by Love. Later Love
asked for q copy or the report, and
then. he said, Commissioner Ballinger
ADVISED him to give him a copy. lie
could not remember whether he did so.
Jones said he did not know until De-
ceuber, 1905, that Love made & report
ou the Alaskt coal cases at about the
same time his own was turned in. II
was upon tie Love report, according 20
documents already in evidence, that the
Cunningham claims We're CleaT-listed.
Strong for CLAWS.
Jones said he heard Miles C.. Moore.
counsel for the Cunninghams, declare
that haa It not been for the activity
Of GlaviS the Cunningham claims would
have gone 10 patent
Moore" said Jones, was consider
ably wrought up about this matter and
for time it looked a. though he would
bring pressure TO bear on the Cunning
hams to stop them from giving us az
fidavits about the claimants in their
group"
Jones said that in some Of the af-
fidavits gathered by him perjury was
discovered and CLAWS instructed him to
bring the matter TO the attention OF the
United States District Attorney Todd
In Seattle. Todd. said Jones, did not
want 10 beGin criminal prosecution.
lie told me, said Jones. that Judge
llanford was COnstitutiOnaily opposed
10 hearing land fraud cases and he
Todd, did not want To suffer the humiI-
iation Of having his cases thrown
down"
The famous affidavit referred TO sew
oral times during the investigation but
never read, dealing with Secretary Gar
fields attitude on the Alaska coal cases.
was put Iu evidence by Mr. Branders.
i was made by CLAWS and Jones. and
set forth that Mckenzie had stated that
Seer ctsrN Garfield was hostile to the
Alaska coal land claimants. and that he
had expressed the belief that al OF the
claims were fraudulent II was because
or This attitude, the affidavit quotes
Mckenzie that Garfield was not re-
taIucd ir President Tafts Cabinet
Creates Sensation.
Jones created sensation when ne
severely criticized Special Agent James
Sheridan, for the manner i'm which he
conducted some Of the cases. He said
Sheridan would not listen to advice in
conducting the hearings, despite the fact
that he was inexperienced. Sheridan,
said Jones. declared that he was going
to practice law. and that conducting
these cases would be good advertising
Ilr him Jones then told the committee
@ Sheridan's methods i'm conducting the
cases.
Do YOU mean to say" asked Mr.
Madison, "th3t Sheridan laid down. the
whole case of the Government so that
The defendant could see it2''
Yes, sir replied Jones
Jones sald that under the rules and
regulations Of the Land Office Special
Commissioner of the office were in
5truCtcd 10 restrain testimony obviously
Irrelevant.
Some Of these commissioners. said
Jones, were not lawyers and did not
know any more law than the law al
lows"
lie said many Of the commissioners
oId not know the difference between
relevant testimony and he cited as an
instance hearing at Spokane, before
Special Commissioner McGee IN cOnnec-
ticu with the alleged fraudulent nature
of one of the Cunningham claimants
The Government agent asked the wit
ness on the stand what the claimant
intended to do with his claim at the
time he filed on the land and counsel for
the CunninghamS said Jones objected o
the question, and Commissioner McGee
ruled il out
The testimony OF Jones dealing with
the methods employed by the special
commissioners interested the members
o. the committee and some of the rul-