Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-11

subject. however, he always gave the
impression that he would issue the orders
I'm writing. l also got the impression that
as TO the legality of the Withdrawals he
would take the matter up with the At
torney General. If he did so, however,
I don't know OF 1t
But in preparing these lists for res
toration you understood that You were
carrying out mandatory order?
"I did
Representative James-'Then If it had
been left to you, yon never would have
restored these lands?"
Mr.. Dayis-'I wouldn't have Withdrawn
them In the first place
An Administration Matter.
But the witness explained this answer
by saying that he did not want the rec
lamation service to initiate the with
drawals. He wanted 1t to be an admin
istration matter. He declared the recla-
nation service had "multittudinous enc
miles, in the west. was a constant target
of attack and he did not want to 40
anything to make 1t any more unpopu-
lar.
Mr. Davis took especial care to say that
he thought Mr.. Garfields Withdrawals
were wise and Mr.. Ballinger's restora-
tons were unwise- 1t was not. however.
for the reclamation service to dictate the
policy of the administration and he didn' t
between the people and the Interior De-
partment.
The prosecution claims that Secre-
tary Ballinger gave President Taft the
withdrawn under the previous admins
tration he acted wholly under the
recommendation of the reclamation
service. They say this is indicated liz
which he declared a cruel injustice"
in the criticisms of the Secretary on
this score.
Mr.. Davis said he thought the people
in the west would favor the wholesale
Withdrawals made by Secretary Gar
field If they had had the matter fully
explained to them. The ''multitudinous
enemies" of the service. he declare l..
were the special interests" and peo-
pie who were trying to avoid proper
payments to the government.
The luncheon adjournment here was
ordered.
Clarence Cunningham's Affidavit.
Former Secretary Garfield told the
committee yesterday afternoon that Mr..
Ballinger, after having been commits
sioner Of the general land office, sub
mitted to him. September IL, 1903. an
affidavit. signed by Clarence Cunning
ham. which asserted that the Guggenheim
syndicate had no interest in the Cunning
nam claims.
Then Attorney Brandeis read into the
record part of the report of a recent
hearing before the Senate committee on
territories. showing that prior to the date
of that affidavit the Guggenheim syndi-
cate had obtained an option of a half
interest in the Cunningham claims.
Attorney Brandeis followed that up by
| reading part of the statement of Secre-
tary Ballinger to President Taft, concern
ing the CLAWS charges. in which Mr.. Bal
linger asserted that he suggested to Mr..
Cunningham an amendment to an affida-
Wit made prior to the one submitted to
Mr.. Garfield, and that Mr.. Cunningham
| made the amendment by explaining in
detail what he meant by some of the
statments of the former affidavit.
Mr.. Garfield was later asked If he re-
garded it as inconsistent that the affida-
Wits Of Cunningham of March 6, 1908. and
September 4, 1908. both stated that the
Guggenheim syndicate had no interest in
the Cunningham claims, whereas the
| record showed that an option on the
claims had been given the Guggenheims
December Z. 1907.
4 certainly do replied Mr.. Garfield.