The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-04-17
WITNESS GIVES
some EXCUSES
FOR BALLINGER
Assistant Secretary Declares
That Reclamation Service
Modified Contract
Finney Declares That Cunning
ham Claims Were Excepted
From Opinion

WASHINGTON, April 16.-E. c. Fin
ney, assistant to the secretary of the
interior, occupied the stand throughout
both sessions OF the Ballinger-Pinchot
investigating committee today. Most
of the time was taken up in cross ex-
aminations by Attorney Brandeis. rep.
resenting Louis R. CLAWS. and Attorney
Pepper, chief counsel for Pinchot.
Because of his long service in the
interior department Finney proved to
be a prolific witness, and Brandeis was
able to get into the record much tech.
nicaI testimony as 10 the general course
OF business in the land Office.
This line of questioning proved rather
tedious. In fact. an attack of spring
fever" appeared TO strike every one con-
nected with the investigation. Chair
man Nelson was absent and Vice Chair
man Mccall had difficulty in keeping a
quorum together. Several spectators
fell asleep.
RULING Il DELAYED
The absence of so many members of the
committee prevented a ruling on the re-
quest of Brandeis that he be allowed TO
defer the cross examination Of subor-
ment until he had an opportunity TO
question Ballinger.
Brandeis drew from Finney the
statement that in the memorandum
submitted to the attorney general with
request for an Interpretation of the
new Alaskan coal lands law of 1908 the
Cunningham claims already were ex-
cepted.
Then why" asked the attorney,
does Secretary Bauinger say, in
letter 10 Miles c. Moore, one of the
Cunningham claimants, that he is re-
ferring the matter to the attorney gen
eraI?"
4 didn't write that letter" replied
the witness.
But didn't you say yesterday that
You wrote it2"
MISTAKE ABOUT LETTER
4 said I wrote two of the letters
that were to Governor Moore. 1 was
mistaken as to this one. This is not
one I wrote"
Does the attorney general in his
report 10 the president mention the
fact that Hoyt. special counsel for the
government called on him at Claws
suggestion in connection with the i'm
portance Of this opinion"
7 don't believe he does"
Brandeis asked whether there was
anything in the record to show that
Attorney General Wickersham had ''one
scintilla OF evidence" before him to jus
tify his statement that CLAWS took no
action toward criminal prosecutions in
the Cunningham cases.
Finney said that papers looking 10
criminal proceedings were sent to
CLAWS at his request, but that no action
in court had been taken.
SEEKS To ABSOLVE BALLINGER
Attorney Pepper had not concluded
his cross examination when the COM
mittee adjourned He asked the wit
ness particularly about the Ballinger
replies to letters written by Senator
La Toilette asking for an explanation
Of certain restoration Of waterpower
sites made by Ballinger. Finney said
that he wrote these letters. He denied
that he had specifically consulted with
Secretary Ballinger as 20 what he
should say.
Why didn't you say in your REPLIES
that the real reason for the restoration
was the fact that Secretary BaIIinger
did not believe the Withdrawals had
been legal?'
Because there had been a conference
At the White House and Ballinger had
decided TO rewithdraw the lands"
Then you tried TO make your replies
harmonic with these differences?'
No, it was not that exactly"
WITNESS SLIPS AWAY
An effort was made to get John W.
Dudley, formerly connected with the
land office at juneau on the stand late
today. Dudley had been brought all
the way from Alaska TO testify as to
an alleged offer of $1,000 from, Golfers
Weekly TO come to Washington to tes
tify against Ballinger. When the op-
portunity came to sandwich Dudley in
while Finney temporarily was excused.
the witness had left the room and his
examination was put over until next
week
Vertrees examined Finney as to va
rious matters which had been discussed
by witnesses for the prosecution 1t
has been alleged that Secretary Bal
finger modified a contract with power
companies using water from Lake Ia
hoe in California and Nevada, so as to
give the company better terms Finney
said that every contract relating to
Lake Tahoe water was prepared by the
reclamation service.
Finney also replied TO the criticisms
Of Secretary Ballinger by Director New
ell and Chief Engineer Davis of the
reclamation service.
These witnesses declared that Attor-
ney General Wickersham held the Co
operative certificates" or Garfield cur
been led to believe there were no funds
fn the reclamation service whereas
some s.. 100000 was available.
Finney said that when the matter
first was presented 10 the attorney gen
eral both Newell and Davis were writ
ing that there was no money on hand
for new projects of any sort.
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