The Birmingham age-herald., 1910-03-11

mended by President Taft was not maoe necessary to relieve hardships growing out of the cooperative plan. MT. Garheid declared this issue would cover much wider field of reclamation than that begun by him.
 Tn fact, declared MT. Garfield, to the surprise of the committee, II don't believe it is necessary to issue any oonas at all''
 'sBut aren't there hardships growing out of the present status of the projectF asked Senator Sutherland.
 Mir Garfield admitted that there were individual hardships. but maintained that there were due to entrymen, despite warnings not to do so, going to the land office long before the project could be completed and water turned on.
 The witness admitted that the law makes no provisions for payments In labor instead of in money.
 He said the bond issue would allow the reclamation projects to be com pleted, physically, at much earlier date but he doubted if anything would be gained thereby.
 Defending the certificates or Garfield currency plan" he claimed it was simply method of keeping books.
 Validity of Contract MI. dATilelQ ucCidIeu tHat <hteothVs General Wickersham had held that the co cooperative contracts would be valid if there were funds available for the work, and he added there was $SO00,OO0 avail able all the time.
 Examined by MT. Brandeis, MT. Garfield said he did not recall having confer- ence with Mir Ballinger about Glavfs' protest against clear-listing of the Cum ningham claims. Mir. Ballinger stated to the President that he had brought this matter to the attention of MT. Garfield. MT. Garfield said that he had nothing to do with the suggesting of the patents in the Cunningham case, but that If MT. Ballinger. as his subordinate, had pre- sented this action to him, he would have approved it.
 | He said he did not know the Cunning ham claims had been clear listed and that the clear listing would not have met his approval.
 There was no reason for MT. Ballinger to call these claims to his attention, the witness said, as they were purely land office matter.
 Luncheon recess was here ordered. l Visit to Garfield At the afternoon session MT. Garfield told of visit made tC him by Mir. Bal finger at Mentor, O.. on September IT, 1908, when Mr. BalIinger was in private life. He said:
 '.Mr. Ballinger presented to me an affi davit signed by Clarence Cunningham saying he was on his way east and hae been asked by some friends in Seattle tc leave the affidavit.
 Did he tell you he was counsel fol Cunningham?"
 No. except as I have indicated. Il appeared to be entirely casual. He alst took up with me other matters in tho | Indian bureau.
 Mir. Brandeis called attention to tho fact that the Cunningham affidavit wal jacketed in a binding which bore tht name of Mir. Ballingers law firm.
 MT. GArfield testified that MT. BallinSe had never indicated to him that the Gug geuheims were interested fin the Cunning hnm claims, recently testified before thu Senate committee on territories.
 Mir. Bra ndis then read from the Gun ningham affidavit the statement that thu : ICugsenhein,s were not in any way inter ested in the coal lands. This affidavit was dated March 6. 1908 The testimon, before the Senate committee shows th' lGusgenheim option was taken Decembe l7, 1907.
 MT. vertrees began cross-examinatioi of MT. Garfield late this afternoon.
 A Bundle of Letters
 At the afternoon session Attorney Bran de.s introduced in evidence bundle o letters which passed between Fred Den nett commissioner of land orice and Nil EaliinRer subseQuent to the latter's retire
 meut from the land office in March, 1906 The attorney read an extract from onl. one which tended to show that the Gun ningham claims were subject of core l.spondence between the two while Mir. Bal Flinecr was out of office.
 Tn less than an hour after the after noon session began. MT. vertrees. .attor ney for Mr. Ballinger, took up the cross examination of the witness. Mir. Gartiel Ie6dt7 hs nul4Mr. Bailinger hed been friend Fl ..,~, .e,,rx. thev v,ere c6ifsxe ra6tes at u,il