The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-04-23
BRANDEIS ATTACKS
BALLINGER REVIEW
IntimateS Wickersham Dated
Report Back Sixty Days.
DRAMATIC SCENE AT HEARING
Attorney WreSts Damaging Admis-
sIons from Assistant TO Secretary
Hand Only One YeRr-Held Up
Pending Action of Congress.

L. ID. Brandeis. Louis r. CLAWS coun-
sci, yesterday charged by implication that
Attorney General Wickersham's review
Of the evidence in the Ballinger contro-
versy, dated September Il, 1909, was not.
In fact, prepared or completed until the
latter part of November. or early in De-
cember. more than two months later.
The inference drawn from this charge
is that tho Attorney Generals report was
dated back 20 September II, 1909 In order
TO strengthen President Taft's exonera-
ton Of Secretary Balllnger, which bore
the date OF September 13. 1909.
In extended cross-examination OF Z. G.
Finney, assistant 20 the Secretary Of the
Interior. MT. Brandeis attacked the At
torney Generals report on many points.
He sought admission from Mr. Finney
that Mr.. Wickersham was in error when
he said that CLAWS had "habltually pro-
crastinated" and had taken no steps to-
ward bringing criminal proceedings
against claimants 20 Alaska coal lands.
Attacks Wickersham Report.
Then he read a sentence from Mr..
Wickersham's report 70 the effect that.
except for two months, April and May,
1905. when the work was suspended owing
to the exhaustion OF the appropriation,
Claws rad upward Of two years IN which
to complete his investigation. and asked
Mr.. Finney II that sentence Of three
lines and a half did not contain three
misstatements Of fact.
Mr.. Finney replied that he did not know
that TO be a fact, but in reply 10 specific
questions he admitted that CLAWS had
the case In hand only one year and
seven months. at the most. instead OF
upward of two years; that the investiga-
ton had not been suspended during the
month Of April, and that there had been
another reason for the suspension aside
from the exhaustion Of the appropriation.
That additional reason, as shown by let
tiers Of Chief OF the Field Service
Schwartz, was the pending Of legislation
In Congress which took the form of the
act of May Is, 1905. the new coal-land
law. there being 4 question whether some
in under the new law instead OF under
the act OF 1904
Questions Conclusions of Report.
Mr. Brandeis then took up the second OF
Mr.. Understands conclusions relative to
the legality Of Secretary Ballinger's hav-
! ing acted as counsel for tie Cunningham
group IN the year following his retiremen;
&C., 10 Ill
and prior TO HIS entering President Taft's
/ Cabinet He endeavored to secure an ad-
mission from Mr.. Finney that CLAWS had
not raised that question until early ir
| November. when he wrote an article pub
! llshed in Golfers Weekly. Mr.. Finney
| insisted that CLAWS had inslnuated that
/ Mr.. Ballinger's acting as counsel for the
/ Cunningham group was illegal. even II he
/ had not cited the statute until he wrote
the magazine article. At that Mr.. Bran
| deis shouted:
Us II not fact that the statement OF
the Attorney General, which purports &c
have been made September II. 1909. and
bears date Of September II. 1909 was, as
a matter Of fact. not made until more
than two months after that date?"
NO sir; I know nothing OF the kind,
replied Mr.. Finney.
Does Not Press Question.
/ Mr.. Brandeis did not press the matter
further, but II is understood that he vii
make a further effort to show that thS
date Of tho Attorney Generals statement
was not the date on which 1t was actually
completed.
Il Mr.. Finney. under cross-examination by
Attorney Pepper earlier in the day. vigor
oUsly disclaimed any intention to max,
himself ''the goat" and assume response
bility for acts that have been charged
against his chief, Secretary Baninger.
Some newspaper writer's seem to hav,
the idea that that Is what l am tryinl
to do" said Mr.. Finney. but such is no
the case. I am assuming responsible!
only for what I have done"
Dudley Takes the Stand.
MI Finney was excused late in the after
noon. Mr. Brandels announcing that h
would defer further cross examinatio
until after Mr.. Ballinger had testified
and John W. Dudley, former register o
the land Office at Juneau. Alaska, wa
called to the stand. Mr.. Dudley wa
quoted by H. X Love, United State
marshal for one OF the Alaska districts
as having said it had been intimated L
him that he would get 5000 or 5000
from Golfers Weekly by coming L
Washington and testifying against Score
tary Ballinger.
o. Mr.. Dudley said Mr. Love had misun
, derstood him.
What / told him." said Mr. Dudley
was that I had been approached by al
agent Of Golfers Weekly. and told tina
I could probably get a contract TO writ,
an article for that magazine for which
they would pay me 5000 or $4,000. I tol,
him had no information that would b,
worth anything TO Golfers"
Mr.. Dudley said this agent was z. c
Russell, newspaper man at Juneau, an,
that he did not know Russell had author
ity to represent Golfers, but had inferre,
that when Russell came TO him with tn
proposition. Later, he said. Russell
showed him a telegram from the edito
Of Golfers stating that his, Dudley's ex
penses to New York and back would b.
paid, but that no contract would be mad
without further information. The matte