The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-01-29
.BALL|NGER ASKED THAT
PROSECUTION Be HELD UP
CLAWS Says That Secretary Had
Given important information to
Cunningham About Secret
Service and Field Agents.
BY WATTERsoN sTEALEY.

Washington, January 2s.-( -(Speeial.)--
Damaging evidence against Secretary
Ballinger was brought out in the hearing
before the joint committee today. Louis
r. Claws the chief of field division in
the Guggenheim-C Cunningham land frauds
In Alaska coal fields, testified that Bal
linger came to him In Seattle October
1, 1903, and told him that he was having
trouble In raising campaign funds for
the election of Judge Taft. Mr.. Ballin-
ger said that Davis and Henly, who
were claimants of Alaska lands In the
Cunningham syndicate, had in former
years given literally but were now refus-
ing to give on account OF the investiga-
tions into their land entries in the Alas
kan coal fields.
Ballinger asked CLAWS to hold up at
least until after the election. Claws
said he agreed to, do 1t because it would
be impossible for him to attend to the
matter anyway before the election.
Representative Ollie James of KEN
lucky led the questioning on this phase
Of the witness testimony and replies
fre9y CLAWS showed that Ballinger was
sfy r-g up a republican campaign fund
I fFaAe interest of Taft. going so far as
=. t."lpproach a sworn official of the gov
ernment and requesting him TO stop
performing his official duty in opposing
and hunting dawn fraud in order that
'lthe men who ysre attelnptsfs 20 graz
the public domain might be induced TO
contribute.
Ballinger Gave information.
1t was also brought out at the hear
that through the filing of letters and
kilograms Ballinger was constantly in
forming Cunningham of the steps being
taken by the secret service agents and
field agents. letter from Cunningham
himself was filed stating that Ballnger
had given this information.
CLAWS complained that Cunningham
was fully conversant with every move
of the department, but was unable to
remedy matters. OF course, after Bal
linger retired from the land office he
became Cunningham attorney before
taking his place in the cabinet. Cum
ningham's journal also shows that Sena-
tor Hepburn of Idaho had 100 acres of
land given him in Alaska for helping to
patent land.
AS result of the testimoney before
the committee today Secretary Ballingers
supporters believe that he should have an
attorney present to represent him. When
this was first suggested Mr.. Ballinger
declined the offer He is now reconsld-
ering the matter and it is believed he will
find it necessary to employ counsel.
Whole Committee on Hand.
All the members of the committee were
present at the opening of the session. Mr..
Pnchot and his dismissed assistants of
the forestry service were early on hand,
but Secretary Ballinger again was abb
sent.
Attorney Brandeis, representing CLAWS.
presented to the committee a long list
of papers and documents to be introduced.
also a list of witnesses to be summoned.
The witness chair today was placed on
a dias and CLAWS. when he took the stand
sat well above the heads of the commit
tee. lie took up his story where he left
1t Wednesday afternoon, giving his test-
mony in response to questions from his
attorney.
Mr. CLAWS said United States Attorney
Hoyt had suggested to him In 1907 that
he should take up the matter of the Alas
ka coal lands direct with Secretary of the
Interior Garfield.
But | think it would not look we'll to
go over the head of my immediate supe-
riors he added
CLAWS said he did write to H. Fl.
Schwartz, then chief of the field division.
saying he was worried about the Alaskan
situation and would like to confide in
him.
1T will pain you much II has
panied me- the letter ran, but am sure
you will want TO learn the true situa-
tion."
What Alaskan claims did you refer
to in that letter?'' asked Representative
Olmstead.
'.Al of them" replied the witness
Some 800 in all?'
Al this time Mr. Ballinger was COM
missioner of the land office.
Verifying Letters.
Attorney Brandeis next took up the
aprinted document in the case which con-
sists Of So7 pages and spent some time
in calling the attention of the committee
10 verify letters. kilograms, etc, tend
ing to show CLAWS activity in the Alas
kan cases.
The attorney said he also wanted to call
attention 10 certain letters which showed
the part Mr.. Ballinger played as COM
missioner in directing the inquiry. His
purpose in this, he said was TO Indicate
that President Taft and Attorney Gem
eral Wickersham were mistaken when
they reached the stated conclusion that
Mr.. Ballinger's participation In the mat
ter had been merely formal.
A letter was read from Special Agent H.
T.. Jones calling attention to the alleged
fraudulent character of the Alaskan
claims.
''rhat letter was written before CLAWS