The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-01-27

said he had lust obtained possession Of
the Cunningham journal, which bore
conclusive evidence of fraud.
''He met Ex-Governor Moore and
Clarence Cunningham here and was told
by Moore that, but for his (Glayis }
action the land would have gone to
patent.
"Glavis also discovered that, con
trary to all practice, CUNNINGHAM and
other claimants had received informa-
tion as to what field agents Of the de
partment were doing. Cunningham said
he had copies OF all the papers on file
and there was nothing in that to pre-
vent the lands going to patent
Time Limit on Inquiry.
Mr.. Brandeis claimed that when CLAWS
finally was directed to make full and
thorough examination he was given only
two months, and said IL would be i'm
possible TO have prepared che govern
, ments case against the claimants In that
time.
| asked 10 outline the specific charges
against Secretary Ballinger.
1T appears first" said Mr. Brandeis,
that Mr.. Ballinger, while commissioned
of the land office. took an active part in
the controversy and investigation which
| arose to the validity OF the Alaska
coal lands, and. by ordering some OF the
claims 10 patent. acquired knowledge OF
Importance.
He personally acted and took part
In action of the department relating. 10
the investigation OF these claims. which.
we assert. were fraudulent
This having been the case, when he
ceased to be commissioner he took the
position as counsel for some OF these
claimants
Sutherland Wants to Know.
Senator Sutherland of Utah inter
Il 81.
corruptly as commissioner, but that he
| made improper use OF the information
which he had obtained?'
THAT is not all" replied the attor-
ney. "The fact that he acted at all
with reference to the continuance of the
contest was not consistent with the high
est conduct as an officer Of the govern
| ment"
Then you claim he acted corruptly. or
improperly asked Senator Suther-
'Yes-improperly: that he acted with
out due regard TO the interest Of the
government while commissioner. Also
that he acted improperly afterward In
taking employment from the claimants
sioner.
Basis of Charges.
I'VE claim that BaIlinger's action. as
| II was reported was improper in his fall
ure 10 investigate thoroughly the Alaska
claims That he acted improperly In or
charge that they were on the road to
patent. with undue haste. when Claws
intervened and saved them.
THAT he acted improperly In allowing
the Alaska claimants to see all the papers
on file In the department. Cunningham
said In letter on file at Juneau that
Commissioner Ballinger save him the
"You are aware" interrupted Repre-
tentative olmsttead; that Secretary Bal
Yes replied Mr.. Brandeis, and we
will ask You to consider all our statc~
ments in connection with this denial"
Then interiected Mr. Madison. you
DO claim Mr.. Ballinger acted corrupt
Mr.. Brandeis launched into a reply
with some show OF feeling:
II have not used the word corruptly,"
he exclaimed in high pitched voice.
Il have desired to bring the facts be-
fore this committee. deem II a matter
Of great solemnity, and that no charge
of corruption should be made II Is Il
matter for this committee to determine
whether the great trust OF holding this
for future generations is in safe hands.
We make no charge except the charge of
the facts. II Is for you. then, to deter.
the country demands"
Additional Charges.
In connection with the Wilson Coal
COMPANY case, Mr., Brandeis charged
that. Ballnser acted as counsel, though
MS name did not appear in case that
involved perjury on the part OF the ella i'm
ants and fraud upon the land laws.
Mr, Brandeis said he would ask. from
time to time, for the production OF pa
pers In the land office and interior de-
partment. and from special agents Of
fices in Seattle and elsewhere. He was
directed TO furnish the committee with
a list OF all papers desired. and he was
assured they would be produced Mr..
Brandeis promised that the Investigation
now on would bring out more than was
contained in the charges filed by Mr.
Claws with the president. that there are
facts, statements and documents not
then In his possession
This ended the attorneys statement
and he resumed the examina ton of wilt
ncSseS.
Some Humor Injected.
Claws proceeded To tell of his con-
versation with young Charles D. Davis
Of Seattle, In which Davis said he would