The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-01-27

the fraudulent claims it. Alaska. He
met Special Agent Jones. of the land
office. who was on his way to Alaska
TO investigate the Alaska claims.
When Jones. after a preliminary in
restigation, returned to Seattle in
August. 1907. he was directed TO re-
port at once to Commissioner Bal
lnger. who was in Seattle at the
time.
Modifies Order.
We claim" said Mr.. Brandcis.
Commissioner Balinger thereupon
modified the orders which had been
given Jones by Assistant Commission
er bennett to make full and thor
ough investigation to making only
part investigation taking only one
or two affidavits in each group. in
stead of fully covering the matter.
Mr.. BallinSer also stated that IL
patents could not be granted on the
lands as matters stood. relief would
be requested of congress. Jones had
been sent to Alaska because Special
Agent Love. of the department. who
had jurisdiction. lived in Alaska. and
was more or less closely identified
with the claimants. Love. however.
aided Jones in his work.
There were repeated conferences
in Seattle between Jones and Bal
linger and various directions were Civ
en- by Ballinger. both to Jones and to
Love. There was full discussion
as to the rights. legality and fraud
OF the .Naska claims
Not to Talk.
Mr.. Brandeis then went more brief
ly into the CLAWS charges against
Ballinger as presented to President
Taft and acted upon by him. He said
recommendations by CLAWS and Jones
in the Alaska cases were not acted
upon by Commissioner Ballinger.
CLAWS sought an affidavit from a man
named Davis. Davis said he had
talked the matter over with Ballinger
and had been told not to make any
statement.
After this CLAWS came to Washing
ton and talked with the land office
as to the danger Of scandal in the
Alaska cases.
He then was directed to proceed
with full investigation.
Soon after he left Washington.
however. Ex-Governor Miles c. Moore.
came here to see Ballinger-to see II
the claims could not be hurried to
patent.
Senator Nelson charged the attorney
with withholding the fact that Moore
was referred to the assistant secrc-
tary of the interior. Mr.. Brandeis
said Senator Nelson was mistaken
and was thinking of Ballinger's ac-
ton in May. 1909. as secretary of the
interior. while he was speaking of
Ballinger's action as commissioner of
the land office in 1907.
Stating Facts.
Il am stating what is distinctly Il
fact and about which there can be no
question: said Mr.. Brandeis. In
January. 1905" he continued. CLAWS
heard that Ballinger had ordered the
Cunningham claims to clear listing
for patent. He at once telegraphed
asking that this action be suspended
and came on to Washington. He said
he had just obtained possession of the
Cunningham journal which bore con-
elusive evidence of fraud.
He met Ex-Governor Moore and
Clarence Cunningham here and Was
told by Moore that. but for his
(GlavisD action the land would have
gone to patent. CLAWS also discovered
that. contrary to all practice. Cum
ningham and other claimants had re-
ceived information as to what field
agents of the department were doing.
Cunningham said he had copies of all
the papers on file and there Was
nothing in that to prevent the lands
going to patent"
Mr.. Brandeis claimed that when
CLAWS finally was directed 10 make a
full and thorough examination he was
given only two months and said II
would be impossible to have prepared
the governments case against the
claimants in that time. The attorney
again was interrupted and asked to
outline the specific charges against
Secretary Ballinger.
Active Part
1t appears. first said Mr..
Rrandeis. that Mr.. Ballinger. while
of the land office. took