The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-03-11
Witness IS
RELUCTANT
Engineer Does Not Wish TO les
tify in Pinchot Case
TESTIMONY OF GARFIELD WAS
CONCLUDED YEsTERDAY-coM.
MITTEE CONSIDERS UNDER
WHAT STATUTES TO PROSE-
CUTE CUNNINGHAM.

Washington, March 11,-Arthur P.
Davis. chief engineer of the reclama-
ton service. testified before the Bal
linger- Pinchot investigating commit
tee today that In preparing the lists
Of lands to be restored to the public
domain he felt that he was acting un-
der mandatory orders from Secretary
Ballinger.
These lands had been withdrawn
the witness said, by Former Secretary
Garfield for conservation of water
power sites. Ballinger. according to
Mr.. Davis, repeatedly gave verbal or
ders that the lands so withdrawn
should be prepared for restoration and
had declared that the withdrawal had
been In direct violation of the law and
could not be sustained No written
orders, however, were ever issued
Mr.. Davis is before the committee
on summons issued by counsel for
Clifford Pinchot. The prosecution de-
clared that President Taft's letter of
September 10, last, generating Bal
finger from the CLAWS charges, showed
that Taft got the impression from Bal
finger that the latter had made these
reservations only upon the recommen-
dalton of the reclamation service The
chief engineer of the reclamation SER
vice also declared today that Mr.. Bal
linger had directed that the lists of
land to be restored should be prepared
slowly so as not to attract public at
tention.
Washington, March 11.--With the
testimony of Louis r. CLAWS, Clifford
Pinchot and Former Secretary James
R Garfield all i'm. the prosecution at
the Ballinger- Pinchot hearing today
began the introduction Of evidence
which is intended TO be in corrobora-
tion of the three principal witnesses.
The first person called was A. p Davis,
chief engineer of the reclamation ser
vice. Mr.. Davis let IL be known that
he took the stand reluctantly and de- |
clared he did not wish TO testify un- |
less specifically directed to do SO by |
the committee Chairman Nelson told
him he had been officially sumnonedl
and would have to give any ir1forma- |
ton possible.
Davis is an elderly man who has
been in the reclamation work for
more than score of years. He ac-
companied Mr. Taft, then president
elect to Panama IN January 1909 as
a member of the board of consulting
engineers on canal work.
Interest in the investigation began /
to lag today and the crowd which /
sought admission was smaller than ON
any morning since the committee first
assembled.
Consider Cunningham Perjury.
Just before adjournment of the com
mittee yesterday afternoon the mem
bers engaged in a discussion as to
whether the statute regarding per-
jury, would cover the ex parte af1-
davit of Clarence Cunningham, which
ineluded statement by him on May
8, 1908, reiterated on Sep4emb~- 4,
1908, that the Guggenheim syndicate
had no interest direct Or indirect in
the Cunninham group of coal land
claims in Alaska The hearing before
the senate committee on territories re-
Gently developed that an option by
ON one-half the Cunning
nam claims was accepted by the claim
ants Dec. Z, 1907.
When ;today's session began Attor-
ney Brandeis said he desired to call
the committees attention to the re-
vised statutes regarding perjury and
subordination. These enactment, he
thought, covered the case The Cum
ningham affidavit of September 4, 1s0s.l
was left with Secretary Garfield by
Mr.. Ballinger.
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