The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-01-29
ham claims for clear listing?'. asked Rep
resentative Madison.
Not a Recommendation.

| 1t dlQ not amount TO a recommends
| ton exactly" replied counsel.
Here Senator Sutherland interjected: "It
seems to me we are getting a good deal
| more testimony out of the counsel than
| the Witness"
Thereupon the examination of Mr.. CLAW
| is was resumed.
| He told of visit to Washington in
| December, 1907 when he told Mr..
| Schwartz that people in Seattle were say
ing there would be no further investiga-
ton of the claims in Alaska and the
! patents would be granted.
II said there was great danger of an
| other big scandal, equal to that Ia Wyo-
ming and Colorado, where the investiga-
tion of the coal lands had been sup
pressed" declared CLAWS.
"Who suppressed those Investigations"
| demanded Senator Paynter, democrat
TT was testified at Salt Lake that
former Commissioner Richards did. Mr..
Ballinger had no connection with it in
any way"
"Why were people in Seattle saying
that they would get their patents p asked
Mr.. James, democrat.
II don't know" replied CLAWS. 1T know
of no reasons they may have had"
Statements BY Claimants.
These statements, CLAWS said, were
made by several of the claimants in
the Hunt group.
After his interview with Mr.. Schwartz
CLAWS was conducted to Mr.. Ballinger's
office and as a result of his visit to
Washington and the story he told was
placed in charge of all the Alaskan
cases.
what did you say to Commissioner
Ballinger?v
IT told him I thought we could cancel
all the Alaskan claims, that a lot OF
prominent people had formed a pool and
that the evidence would prove It,
What did Mr.. Ballinger say to your"
HE said number of the claimants
were friends and former business assoc
ciates of his, and there had been a lot
of talk that they would get their pat
ents."
q Now Claws he said to me, when
you get back to Seattle I want you to
let it be publicly known that you have
started this investigation and that want
1t to be thorough. No matter who 1t
hurts, you are to get right after them,
whether they are friends of mine or
not
Ibid he mention names of his friends7"
Yes; he spoke of H. c. Henry and
C. J. Smith, both of whom were in the
CLAWS said he went back to work.
happy and satisfied
Witnesses Subpoenaed.
The following witnesses today were
subponaed to appear before the commit
tee at the request of the prosecution
Horace r. Jones, special agent land Of
flee. Portland. Ore; Arthur r. Bowman,
Cheyenne, Wyo.; Andrew Kennedy, Seat
tie, Wash; Henry M. Hoyt, attorney gem
eral of Porto Rico; p. G. Richardson,
Seattle. Wash.
CLAWS declared he had his interview
with Commissioner Ballinger on Decem-
Der 10, 1907. January Z. 1908 letter
was addressed to him by Mr.. Ballinger
stating that the Cunningham claims had
been clear listed from the investigat-
ing division for patent.
On January p. 1908, CLAWS sent q tele-
gram and letter protesting against this
clear listing and the claims were with
drawn and sent back to the investigating
division.
Mr. Brandeis read further from the
printed record to show that the first
order to clear list the Cunningham
claims was included by the mineral d.
vision December Is. 1s07-just 10 days
after the CLAWS interview with Commits
sloner Ballinger. The order, however
was held UP by direction of Schwartz
One order for clear listing so far as
the mineral division was concerned was
issued December 8, 1907, prior to CLAWS
visit to Washington, but this, too, was
held up by Mr. Schwartz.
In calling attention to certain evidence
he wished to introduce Mr.. Brandeis
commented rather freely upon 1t.
LET ME suggest that you avoid your
argument on the erect of evidence
said Senator Nelson sharply. Just state
the evidence you desire to submit with
out arguing about 1t. Your argument is
not Objectionable but 1t delays the pro-
ceedings.'
At 1850 D. m. the luncheon recess to
p. m. was ordered.
Afternoon Session.
At the opening of the afternoon ses-
sion of the inquiry Brandeis offered in
evidence the journal of Clarence Cum
ningham of Wallace, Idaho, the agent
in all the Cunningham claims. which
contained the entry:
Have agreed with Mr.. w. B. Hey
burn in consideration for his services
as attorney to carry him for one claim
of 100 acres in the coal free of cost to
him and he agrees to do all our legal
work in procuring titles, etc.
The journal contained under date of
1903 an agreement among the Cunning
ham claimants to form a company. each
claimant to give Cunningham one-eighth
of his stock In return for services rem
dered.
CLAWS told further Of his investiga-
ton in the alleged fraud of the Cum
ningham group and said that when he
first approached Cunningham the latter
declared he had heard that complaint
had been made that he represented the
Guggenheiras He denied this and to
carry out the denials submitted the jour-
nal to CLAWS who held 1t as evidence
against Cunningham.
About this time, CLAWS said he met ex-
Gov Miles c. Moore, one of the Cum
bingham claimants, and that Moore told
him that he had seen all the papers@in
the land office: that there was moth
ing to prevent the. issuance of patents,
and that II 1t had not been for Claws
protest the land would already have
gone to patent.
Confidential Reports.
The witness said it had always been
understood that reports to the land office
by the special agents were confidential
and he believed there was a rule to that
effect
There was then offered in evidence
a letter from Clarence Cunningham dated
at Seattle. January Is, 1908. addressed
| to the registrar of the land office at
| Juneau, Alaska, in which these state
| ments occur: -.
81 am glad to know that you sent your
| office copy on to washington for I am
| advised by Governor Moore that he Is
assured by the department chiefs that
| patents will be issued you forthwith on
| arrival of plats. unless some reason for
withholding same is advanced by Spe-
cial Field Agent CLAWS, which Is not
expected