The Washington herald., 1910-04-16
PAPERS ARE LACKING
Interior Department Hinted
as Holding Out"
BALLINGER INQUIRY DELAYED
In Answer to Attack of Prosecution
Attorney Vertrees Declares Bureau
Produces Documents rs soon RS
Available - Brnndcis Certain He
Can Refute Charge Against CLAWS.

Wrangling over the failure Of the In
terror Department promptly TO produce
letters and documents called for by Louis
ID. Brandeis. attorney for the prosecution.
DELAYED the Ballinger-Pinchot investiga-
/ ton yesterday.
/ Mr.. Brandeis made an extended argu-
ment and conveyed the impression the
department was holding out documentary
evidence.
Attorney Vertrees, for Secretary Balm
ger. came back with the declaration that
the department was furnishing documents
just as rapidly as they were available,
and that he resented the imputation. On
motion or Senator Sutherland. Mr.. Bran
deis was instructed TO put his demands
/ in writing
! The records Mr. Brandeis IS especially
DESTROYS OF procuring will, he believes
refute the charge thar T. r. CLAWS
''habltually procrastiSated' in the matter
OF taking steps TO bring suits 10 set aside
the entries of Cunningham claimants on
the grounds Of fraud.
Counsel for Claimants.
Assistant Secretary Pierce, OF the In
terror Department. resumed the witness
stand and his story of his connection with
the Alaska ccal claim cases. He said that
/ Secretary Ballnger had told Cunning
ham. and the latter's attorney, John p.
/ Gray in his Pierce's presence) that the
| Cunningham cases would be handled en-
tirely by the Assistant Secretary because
/ he (BaIinger) had acted as counsel for
/ the claimants
Mr. Pierce fatty contradicted the testi-
mony Of L. r. CLAWS, 90 the effect that
Pierce had sent for him and talked 10 him
about the opinion constituting the act Of
May O. 1905 CLAWS had testified that
Pierce had told him that Secretary Bal-
Iinger had turned the matter Of rendering
the opinion over 20 him. instead OF re-
ferTing II TO the Attorney General.
Il have three reasons for being pos
tive about this" said Mr. Pierce. First.
my memoryN is quite clear Second.
never sent for CLAWS. and never had but
one conversation with him. and IN that
one the subject had nothing 10 do with
the opinion. Third. would not send for
CLAWS to consult him about a legal ques-
ton when We had legal force Of thirty
men In the Department"
Mr. Pierce impressed the committee with
the Importance attached 20 the Cunning
ham cases in the Interior Department
He said that before the decision would be
issued IN those cases he would have the
record gone over by twenty-five men In
his legal force. and would then have the
Attorney General review the evidence.
Denies Influence Sought.
In concluding his direct testimony. Mr.
Pierce asserted that Secretary Balllnger
had never IN any manner sought 20 infu-
ence his Pierce's) decision IN the Gun
bingham cases.
Attorney Brandeis announced that he
would not cross-examine Mr.. Pierce until
after Secretary Ballinger had testified
| Attorney Vertrees objected strenuously,
denounclng Mr.. Brandeis course as dla-
tory. Senator Sutherland said he would
object also TO Mr.. Brandeis' deferring
the cross-examinatlon.
Mr.. Brandeis said that in view Of the
fact that he had been denied the right
TO call Secretary Ballinger as witness
at the time he believed the Secretary's
testimony should have been heard. and
Tense TO call Secretary Ballinger as its
first witness. he did not think the COM
mttee should further handicap him by
compelling him 20 cross-examine Mr
Pierce. Attorney Vertrees said the "shal-
lowness Of Mr.. Brandeis' pretext' was
apparent 10 everyone and that there
could be no sound reason for deferring
the cross-examination
on motion OF Senator Purcell. the COM
mittee deferred its decision until a full
committee should be in attendance.
Pierce's Testimony COrrobOrated.
Francis W. Clements. first assistant at
torney for the Interior Department, cor
roborated Mr.. Pierces testimony rela-
tive to the preparation Of the opinion
constituting the act OF May 2S. 1905.
Attorney Brandeis stated that he would
defer the cross-examination OF Mr.
Clements. inasmuch as his testimony re-
lated chiefly TO a conversation with
lGlavis. Attorney vertrees again OBJ
jected. but the committee did not sustain
him.
f. c. Finney. assistant TO the Secre-
tary Of the Interior. like Mr.. Pierce and
Mr.. Clements, refuted the testimony OF
CLAWS He also told Of his being con-
suited by Mr.. Ballinger relative TO the
Withdrawal Of land for power sites. and
said he had intimated to his chief that
there was no authority in law for the
Withdrawals.