Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-04-16
RULING IS DEFERRED
BrandeiS Fails to Get Decision
on His Request.
QUESTION OF PROCEDURE
Wants to Examine Secretary Bal
linger Before Subordinates.
E. C. FINNEY ON THE STAND
Hearings Of the Ballinger-Pinchot
Investigating Committee Resumed
With a Full Attendance.

Edward G. Finney. assistant to the
Secretary of the Interior. continued his
testimony today before the Ballinger
Pinchot investigating committee. He was
questioned further about official acts of
Mr. Ballinger and insisted that the Sec
retary had acted in good faith in turn
ing over the Cunningham claims TO AS
Sistant Secretary Pierce.
There was a full attendance of the conf
mittee today. as an important question
was to be decided. Attorney Brandeis
requested yesterday that he be allowed
to defer cross-examination of Mr.. Pierce
and other subOrdinates of Mr.. Ballinger
until after he had had an opportunity to
examine the Secretary himself. The COM
mittee appeared to be divided the
question, so action on it was postponed
until today.
Attorney Vertrees examined Mr. Finney
as to various matters which had been dis
cussed by witnesses for the prosecution.
Drafting of Contracts.
1t has been claimed that Secretary Bal
linger modified contract with power
companies using water from Lake Tahoe.
In California and Nevada. SO as to give
said that every contract relating to Lake
Tahoe water was prepared by the recla-
nation service.
Mr.. Finney also rep:ied to the criticisms
of Secretary Ballinger oy Director Newell
and Chief Enginee- Davis of the reclama
ton service. These witnesses claimed
that Attorney General Wickersham held
the cooperative certificate" or Garfield
currency to be illegal because he had
been led to believe that there were no
/ funds in the reclamation fund, whereas
some $2,O0O,OOO was available.
Mr. Finney said that when the matter
irst was presented to the Attorney Geo
erai. both Messrs. Newell and Davis were
writing that there was no money on hand
for new projects Of any sort. He also
said that after the opinion had been rem
dered Newell complained that the state
nlent Of facts to the Attorney General
was not fair one, and he believed that If
the reclamation service had been allowed
to present the matter the opinion would
have been different.
First Opinion Confirmed.
TT was agreed then that a new case
should be presented to the Attorney Gen.
eral," continued the witness. land SO a
complete statement prepared by Mr.. New
gil was iHCiuuSu III thC pdPSiS oh "NASAA
a second opinion was asked. The second
opinion confirmed the first one
Mr. Finney was cross-examined by At
torney Brandeis. who said ne would defer
some of his questions until after the COM
mittee ruled as to whether he could
cross-examine witnesses after Secretary
Ballinger had been heard.
manifold duties in the Interior Depart
ment have included your presence here
every day as associate counsel for Mr..
Ballinger?
II have been present to assist in bring
ing out the truth
action Taken by CLAWS.
Mr.. Brandeis demanded to know If there
was anything in the record TO show that
Attorney General Wickersham had "one
scintilla Of evidence" before him to JUS
tify his statement that CLAWS took no ac-
ton toward criminal prosecutions in the
Cunningham cases.
Mr.. Finney said papers looking to GRIM
inal prosecutions were sent to Mr.. CLAWS
at his request. but that no action in court
had been taken.
II said nothing about action in court,
snapped the attorney.
Brandeis proceeded to show that at the
time the Attorney General made his
statement regarding CLAWS on papers sub
mitted to him there were in the land Of
flee various uaily reports by CLAWS and
Special Agent Jones regarding confer
ences with District Attorney Todd at
Seattle; also letters from Todd and
CLAWS regarding the conferences
Mr. Brandeis was still questioning the
witness when the luncheon recess was or
dered. At this time the absence Of sew
eral committee members prevented a de-
cision on Mr.. Brandeis' request being
reached