New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-16
ALL CONTRADICT CLAWS
Three Witnesses Defend Secre-
tary BaIIinger.
CUNNINGHAM CASES AGAIN
Interior Department Officials
Saw Their Chief Never In
fiuenced Procedure.
rrrom The Tribune Bureau.

testified before the NEUTRALITY-SUSPICIOUS. COM
nittee to-day. and each OF them fatty con-
tradicted statements made by /. r. CLAWS,
the principal critic OF Secretary Bsllinger.
These witnesses were the Interior Depart
rlent officials who had most to do with
the Cunningham coal cases. and they in
formed the committee that Mr. Ballinger
had never attempted. directly or Indirectly.
20 influence the course Of procedure that
should be followed respecting these cases.
The witnesses were Frank Pierce. First As
sistant Secretary OF the Interior: Francis
". Clements. first assistant attorney for
the Interior Department, and Edward -.
Fsnney. assistant 10 the Secretary OF the
Interior.
The session to-day Was enlivened by
sharp colIoQuy when Judge Nertrees fin
ished his direct examination OF Assistant
Secretary Pierce and turned the witness
over 20 Mr.. Brandeis for cross-eNamina-
tion. Mr. Brandeis announced that he did
not desire 10 cross-examine Mr. Pierce
untn after Secretary Ballinger had testi-
fed. Judge Terfrees entered an emphatic
objection. Members OF the committee be-
came involved in discussion which ended
when Senator Purcell suggested that a de-
cisiop be postponed until the question could
Re taken up by the fun committee to-mor-
row. Senator Root announced that II Mr..
Pierce Was excused to-day he should not
vote 10 recall him for cross-examinatiOn
at q later time unless a good and specific
resson FOR his recall was furnished When
The direct examination Of Mr.. Clements
was finished M Brandeis announced that
he would not be ready 10 cross-examine
the witness until he could communicate
with CLAWS, who j. now on the Pacific
Coast Mr. Finney was then called 20 the
stand. his direct examination being nearly
finished when adjournment until tomorrow
was taken.
eisviss Charge Flatly Denied.
Much of the testimony to-day related 70
the procedure followed in submitting 10 the
Attorney General for construction ms,
Alaska coal law. known as the act Of MAJ
=. 1903 Ia has letter % President Taft at
lacking Secretary Ballinger CLAWS charged
thst Mr. Bsllinger. instead OF submitting
70 the Attorney General his OGlavis's) let
ser asking Tor construction Of the coal
Jaw. referred the letter TO Assistant Se@re-
tary Pierce Mr.. CLAWS told the commit
tee that Assistant Secretary Pierce sent
for Kim. told him that Mr.. Ballinger had
requested him 10 handle the Cunningham
cases and that Secretary Bailinger had
handed him for an opinion the CLAWS let
ser relating 20 the coal law. Mr. Pierce
said:
''slaviss statements that I conferred
with him in regard 30 an opinion. that the
opinion. ready for my signature, was hand
ed me ny Secretary Ballinger and that
Tallinger spoke 90 him about the matter
are entirely untrue / never made such
statements to CLAWS. then or ~ any other
time. I did not send for CLAWS TO confer.
cid not say 20 CLAWS that Secretary
Bsiiinger had stated to me that I was TO
render the opinion. I had only one CONVEX
sation with CLAWS and that was several
months prior 20 this"
Mr. Pierce's statement was confirmed by
Aiessrs Clements and Finney. both of
whom have been Interior Department en-
ploves for many wears and the recognized
experts on land laws. Mr.. Clements said
that the CLAWS letter came TO him through
the usual channels. u did not seem to him
a involve questions that made it's refer
~nce 10 the Attorney General necessary. Az
10 time. ar. Clements said, did CLAWS sug-
Rest that ne wanted the letter TO go 70 tive
sttorney General fOT an opinion.
The witness said that Mr.. Bsllinger had
never talked 20 him regarding the opinion
he should sive on The CLAWS letter. He dad
not know that Mr. Ballinger knew any
thing about il, nor did CLAWS ever tell him
tina, he had an arrangement with the Sec
Rotary that the Attorney General war %
rass or this question
Mr.. Finnev correlated Mr.. Clements
statement lie said that he felt the Law
officers % the Interior Department wer-
fully capable of passing Tire question
Submitted bv GlaHfs Accordingly, b. took
tie Cslrts memorandum 20 MIR Clements
C-tszas was present when Mr.. Clements die
tsrso his opinion In reply. and was present
else with him when Assistant Secretary
Pi.rce sigs,ed this reply. Neither then MOI
- any other time did CLAWS mention tha'
there was az, understanding that the matt !
vac 20 80 20 The Attorney General.
Replies 10 Pinehot's Criticisms.
M. Finney then took up Mr.. Pinchot''
Criticisms Of Secretary Rslinger for his at
tftude respecting water power sites. IL
ssid that early IN his administration ar
IA iiinger had talked with him the sub
PC: of the legal power Of the President u
withdraw public lands from entry. NJ
Rs!linEer told him that IN was his purpos-
- withdraw from entry power sites pending
nctson hy Congress. Air BsIlinger saw 4
elrerence between permanent withdraw.
and 3 temporary Withdrawal until Congress
ss.ould make The temporary order permanent
~ sdopt some o;ner plan looking 20 the dis
s~stfa-d that he had written two letters
offered In evidence by counsel for Nj Pinr
ofot replying 10 q Senator who inquired
regarding certain lands which had beer
restored 70 entrz. These letters were signed
hv Mr Eallingrr hut were written by Mr.
Firney. The witness said they were in re-
MY 10 letters that came 20 his desk in ms
ussaal way TIE invest gated the facts with
or consul;ing with Nr. Bsllinger. and wrote
tho replies. ia the regular course Of bUsi-
nrss Thea went 20 Mr. Ballnger's desk 10!
signature, and probably were signed wi;hog,
ding Every statement contained in
fhSse letters was true
referring 20 the ahruEaiion - the CO.
operative agreement l.etwesn tis" Indian
osffne and tire Forest service Mr. Ffnney
ssid that Nj. Ballinger IN the WesS
when This agreement was sbrogaied the ~
der being signed by Assistant Secretary
Pierce Alf. FSnuey explained that a. wac
responsible Tor Initiating the inquiry as a
the lawfulne~s ~! the cooperative agree