New-York tribune., 1910-02-19
CLAWS RETRACTS
Oh RGES TANISHTNG.
Little Left Of Accusations
against BaIIinger.
[From The Trinrne Bnrasu.


Washington. Feb. 1S-After another day
OF painful reiteration and infinite patience
John }. Vertrees, counsel for the officials
of the Interior Department. has succeeded
in narrowing the charges brought by Louis
+. claws against Secretary Ballinger ana
Commissioner bennett until comparatively
little remains. GIavis's evasiveness and the
unwillingness OF the committee TO enforce
the rules OF evidence greatly increase the
difficulties of Mr. Vertrees and waste the
time Of the committee. it being necessary
to recur again and again to the same SUI
jects in order to obtain anything like satls-
factory answers.
Claws admitted today that. as Comn11s-
sioner of the General Land Once M
Ballnger had promptly suspended an ac-
tion on the Cunningham claims imrneolately
after receiving protest from CLAWS IhaI
he had received all reasonable asslsIah'e
in the conduct of the investigation OF THESE
claims: that the officials of the depaTti tiLeli'
believed he had made out suHclenl case
to prevent the patenting Of the cunningham
claims; that not an acre OF Alaska coal
lands had been patented; thal lhe Only
fundamental difference between CLAWS ana
his superiors had been that he beneVed ali
hearings on the Cunningham claims should
be postponed until the results of the pnysl-
cal examination of the land had been re-
ceived. while Commissioner bennett wanted
the hearings TO begin. the results OF the
pflyl-cal examination to be introduced when
received; that at Glavis's suggestion, and
on the further suggestion Of Mr.. Balllnger
and the recommendation of Commissioner
bennett Acting Secretary Pierce had or
dered the hearing on the Cunningham
claims postponed until the results Of the
physical examination had been received
ONLY FOUR ACTS CITED
After the tedious and laborious efforts
necessary to extract these admissions, Mr.
Vertrees demanded that CLAWS recite the
acts of Secretary BaIlinger indicating Of
fetal misconduct on the part of that Of
fetal. In reply CLAWS was able to cite only
three acts Of commission and one of onis-
sion He maintained that the delegation TO
Assistant Secretary Pierce of the duty of
preparing an opinion on the law of May
20. 1905, constituted the first act Of NAL
feasance. although ne admitted that stat
11te had 10 reference TO the Cunningham
claims He cited Secretary Ballingers in
structions to him not to interview the two
members Of Congress interested in the
Green claims as a second act, and the
general attitude of Mr.. BalliRSer in de-
LAYING the investigation of physical condl-
tions as the third
The one act of omission he regarded as
blameworthy was Mr.. Ballinger's failure
TO order postponement of the hearings
PENDING the receipt Of the result Of the
physical examination. although he ad-
mitted that Mr.. Baliinger had suggested
such postponement. and had said that his
determination to issue no orders IN connee-
ton with the Cunningham claims precluded
his doing so in this instance
CLAWS was compelled to admit that at the
time Mr. Ballinger resigned as Land Con-
missioner. which was just before he acted
as attorney for the Cunninghams, there
was no evidence in the Land Office showing
the fraudulent character of the claims, but