New-York tribune., 1910-02-20
HOYT RESPONSIBLE
HILSON COAL CASE
Omitted Ballinger's Name
Gla7ls's Uork Praised
rFrom tn. tribune Bureau

The Tribune buEseC-f
-x---t-,--or Feb 1a-Eenry NJ Hoyt.
Ar4or-ev General Of Porto hico' 'oAo N'ie
pol5,.,-er- p,nchot investigating committee
ro-oav thar he wss responsive LOT '"7
,-,,ire,or cr the name Of Judge Ballinger
80. -oo,,-- record in the Wilson Coal
-ese rye took this action without consult
80 RaIIinger or advising with any
~ his friends
This admission Of Mr. Hoyt served great
=, N strengthen the foundation which had
bAe, lsi5 bv John 7. Tertrees for his arsu-
r,ent that Louis r. CLAWS is seeking to
.cnric- the officials Of the Interior Depart
-7er: of uronEdoins by telling half truths
md drawing 51nwarranted conclusions.
n l7is direct testimony CLAWS interpolated
: ~rste7Dent that Judge BallingeT had been
- attorney in the Wilson case, that he
had advised what was tanta mount TO a
v.ofgtion Of law and that his name had
-oa- eliminated from the record This
-rsse Of The Claws testimony received wide
,,,5nljritv. and the critics OF the Interior
Tavs-rrert felt they had made an impor-
tint point II having il appear that Judge
rsarfnzer sought to cover I'D his connection
win the Wilson case
t--oss-exarninstiou brought CUT the fact
rtz- NJ Bsllinser's entire connection with
HE Wilson case antedated his appontment
se Commissioner OF the General Land Of
a-c
called TO-DAY as d witness by the prosecu-
rio1. N. Hcvt. who was nited States At
rer-,ey Al Nome. Alaska. from 1904 10 1857,
ar6 later special assistant in the Depart
r7rrr q Justice, testified that he vas coun-
81 Tor The government in the Wilson case
he said that II was at his request that the
name OF Judge Ballinger was eliminated
from the records. NJ. Hoyt explained that
Watson Allen. one Of the claimants, made
= statement in which he said that an agree
r77Anr regarding the Wilson claims had been
,lrsv-n. l,7 in Judge Ballinge-s office
4 suggested 70 counsel on the other side
that NJ BaIHnger's name be left out of
che record NJ. Hoyt continued ~ that
-5,77= 77= 4-ss Commissioner Of the General
-s-d o@7ce. and I said that II his name
z-neared uuinformed persons might draw
nc conclusion that Judge Ballnse7 hao
-ae- mixed 11p in some fraudulent deal. The
attorney for the other SIDE, M Murphy
agreed with ne
Tl-e committee took little testimony TO-
da~. A. The opening Of the morning ses-
rio- Judge Tertrees announced that ne mad
no desire further 70 cross-examlne 'T'aFls-
NJ B-ardeis then called Nj Hoyt 10
~ stand he vas examined briefly ana
07r-oboratad some dates Of Conversations
md other facts 10 which CLAWS had testi-
e15. He drew no conclusions however. and
-7ff not attempt either by argument or in
situation 70 rnislead or confuse the com
--.--ee n reply TO questions by Nj Bran
a-f- he said he believed the work Of Claws
IN haze been thorough and intelligent
l-ur1 fleTz
read into The record the daily reports oc
CLAWS for the months Immediately. preced-
-1- his dismissal When he closed. Sena-
-o- Nelson announced that the committee
-zS ready 10 hear the next witness. Mr..
7-andeis explained that he was not ready
20 proceed. rir. Nelson suggested that Mr.
1frcao1 take the stand. hut the former for
a=-e- was Tot IN the committee room Nj
srsr one OF the deposed officials Of the
r-a-es- Service. was asked Il he could con-
--fbsJ4e ANYTHING on the Alaska Coal cases
t4-s -a7lz that he knew d little about them
--o,gf-- = laugh Nr. Nelson suggested
hat - would be unfair 10 hear MI sha"
=- +he absence Of his attorneys, and an-
fo-r-rrnent was taken until Friday
CLAWS DID GOOD WORK
NJ Brande:s first asked Mr. Hoyt as TO
s-.z E--7oEzIHCCF o. CLAWS : S-ANiSNS ~ III
government
His work always was OF q very hish
order replied the witness i knew MN
s--.=-rs-el,. His work was thorough and in
-eIIieenr
The witness was next asked as 10 the
-----,r7srances leading up 70 his visit 10
Attorney General Wickersham. at the re-
o-rAsr Of CLAWS. 10 protest against the
Pierce Interpretation of the coal land act
n Us Mr.. Hoyt told Of z visit Claws
made % him and Of his complaint tha1
-r6e- the Pierce decision the Cunningham
Caa-r7s would surely 20 to patent
7 rold M Nickersham, continued
r5ovr. THAT ! had become interested IN the
matter 20 save the administration from
/ considered very serious mistake
Mr.. Hovt said he and Claws felt that MI
WscEershar7 would reach conclusions differ
e-f from those Of Mr. Pierce
= told the Attorney General, he went
o. --rhat had worked with Mr. Claws
s7d knew him 10 be an honorable and up
grt young man: that would be entirely
socor5n-able for him. ] also said that CLAWS
knew ne was doing an unusual thing ii
going over the heads Of his superiors, but
thai ne would let the matter orcp II MI