Los Angeles herald., 1910-01-30

opinion of Mr.. Pierce, which we
thought was bad one.
Intended to Act
Several days later. about May %, I
saw Attorney General Wickersham,
who was on his way to a cabinet meet
ing, and he said he had considered the
matter as it had been presented to
him by Mr.. Hoyt and that he intended
to speak to Mr.. Ballinger about it at
the cabinet meeting. He would ask
Mr. Ballinger to refer the matter to
him.
Two days later Mr.. Ballinger sent
for me and showed me a number of
letters he was writing, one of them
being in response to a letter to Miles
c. Moore. who had complained of his
disappointment that the secretary had
not brought the Cunningham claims
to a patent as a matter of justice.
Mr. Ballinger told me he was send
ing the papers over to Mr.. Wicker
sham with a request for a new opin-
ion on the act of May %, 1908. He
asked me in the meantime not to sub
nit my report under the Pierce de-
cision.
"I told him I had already done so.
He told me to withdraw it, and l did
so. In that report l said 1t would be
futile to continue the investigation
further under Mr.. Pierce's ruling"
The afternoon session was begun
with the introduction of correspond
ence between Secretary Ballinger and
Miles c. Moore of Walla Walla,
Wash, one of the Cunningham claim
ants, which was contained in the Sec
retary's statement to President Taft.
The first letter was written by Mr..
Moore 10 Secretary Ballinger May %,
1909, dated Washington. 1t said in
part:
Pierce Disappoints
Assistant Secretary Pierce proved
a disappointment and I am going home
with a message that will give scant
comfort to my associates. Your rea-
sons for turning this matter over to
your assistant are appreciated, but we
had all felt that when you were named
to the position Of secretary, with your
full and complete knowledge and your
sense of justice, our long delayed pat
ents would be Forthcoming"
In his letter OF reply Secretary Bal
linger said in part:
Il have to advise you that I cannot
undertake to issue any order or make
any ruling in the matter as requested
because of the embarrass which
would result from the fact that I was,
while not holding any official position
called upon to advise in the matter.
1.-THE case has, however, been care
fully looked into, and I wish to say
that in view of all the facts now dis
closed I would, if I were ruling upon
the matter, hold that the principle an
nounced in the opinion OF Judge Han
ford in the case of the United States
against the Portland Coal and Coke
company is directly applicable to these
cases, and that if the allegations made
be proved, patents cannot issue under
the act of April 2S. 1904"
CLAWS, continuing his story, told of
a talk he had with Chief of Field
Division Schwartz, subsequent to At
torney General understands ruling
in May. 1909
Il told Schwartz Secretary Ballinger
had some ill feeling against me for
going to the attorney general" said
the witness, but I felt that after the
secretary came to realize what the
ruling by Assistant Secretary Pierce
meant and that good would come from
the attorney generals Of inion he
would like me better than ever before.
Schwartz said he knew some maya
zine people and he thought it would
bC Il 6Opb til4llS ~ btl d SLDly pl llltNi
telling all that had been done in the
Alaska coal cases and giving Mr. Bal
linger credit for the investigation. He
thought the secretary then would feel
better disposed toward me-"
Many Letters Read
More than an hour of the afternoon
session was passed by Mr.. Brandeis in
reading letters from the printed docu-
70 int hA pP n iY1C ,i,sHr
The reading was interrupted once to
permit CLAWS to tell of an interview
he had with Secretary Ballinger in
Seattle on July 16, 1909. The Alaska
coal lands were discussed.
CLAWS spoke of the necessity of max
ing a field examination. Mr. Ballinger
said he thought the claimants might
stipulate to admit all that such an ex-
animation would show.
"What was Mr.. Ballingers general
attitude at that time toward the Alas
ka cases?" asked Senator Fletcher
"How did he impress you?"
Personally he did not appear as
friendly to me as before His only
statement as to the Alaska cases was
about the stipulations."
CLAWS next went into some detail
about the visit of Commissioner Den
nett to Seattle in July 1909. Letters
were read in this connection in which
bennett and CLAWS both spoke of each
other in anything but complimentary
! terms.
CLAWS said he had also told f. ].
Heney of his suspicious regarding
bennett. He told Heney the land Of
flee at Washington was hurrying him
into the Alaska cases and expected
him to interview 600 or more people in
sixty days.
'Tn view of all 7 had heard about
Mr.. bennett I thought something was
wrong" said CLAWS.
4,Ta