The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-14
Chief Of Field Service
Schwartz Relieves N|OnOt-
ony By Witty Responses
TAKES ALL BLAME IN THE
CUNNINGHAM CLAIMS
Mr.. Schwartz Says That BaliinSer Clear
Listed the CIaims on His RecOm-
mendations Based ON Report
of Agent Love

washington, May 13,-Full responsibility
for the "clear listing" of the Cunningham
claims and the conduct of those cases be-
fore the general land office was assumed
by Ii. H. Schwartz, chief Of the field
service, VINO was witness before the
Ballinger- -Pinchot investigating commit
tee today.
Mr. Schwartz laid the blame for the
delay in reporting the conclusion In the
Alaskan cases at the door of l. K.
CLAWS, to whom he had given all lati-
tude in investigating themA he said. He
said Mr.. Ballinger had never taken any
initial action in the cases. and that when
he had "clear-listed' them as commits
sioner of the land officse he had done SO
his {Schwartz'sD recommendation on the
basis of the report of Special Agent Love.
During the afternoon it became apparent
that Mr.. Schwartz would prove to be a
most interesting witness Attorney Ver-
trees, counsel for Mr. Balinger, ques-
toned him for several hours, and his
ready answers and quick wit kept the
committee in an uproar all the while.
Mr. Ballinger was excused from the
stand this morning with the understand
ing that he might be recalled for further
cross-examination later by attorneys for
the prosecution.
Immediately after the committee recon-
vened after luncheon, Schwartz's story
Of the Cunningham claims from the time
of entry was given.
While he was speaking of a meeting
he had with CLAWS in Seattle last. sum-
mer, Mr.. Schwartz said they talked over
several matters and incidentally discussed
the well-known clash between the land
office and the forestry department. Mr..
versrees asked him to explain to what
he attributed the quarrel.
There always will be friction so long
rs the forestry bureau and the Land Of
fice are in two different departments.
They should both be either in the de-
partment of agriculture or in the in
terror department. and being in the in
terror department. he added with smile,
'T think they should be in that depart
ment."
One of the members of the committee
was inquiring OF Mr.. Schwartz whether he
did not think another department was
needed, when Representative Graham,
democrat, broke in:
Don't you think we need another gov
ernment?'
why" retorted Schwartz quickly,
''why, we've got the best government on
earth. All we need is a little better fell
lows to run It,"
"Your complaint then is against the
fellows who run the government asked
Representative Madison.
''Or against the fellows who make the
laws to run it, was the sharp reply. Mr..
Madison Joined in the general laughter.
Schwartz said CLAWS had requested him
to send him special agent who was a
lawyer to assist him in the hearing of
the Alaskan cases. He said he was un-
determined whether to send Sheridan or
Knapp, but had finally determined to
send Sheridan, because Knapp was from
New York, and some of the magazines,
like Golfers, might charge that he was
connected with the Guggenhems'
Reading the personal description of
Sheridan kept in the records of tho de-
partment, Schwartz recited various details
and wound up graphically:
"And he weighs IT'S pounds and has
gray eyes,"
''Is the possession of gray eyes a quail
flcation?'' he was asked
NO. re5ofned the witness, Its what's
back Of the gray eyes,
Attorney Pepper today attempted to
show that the interior department was
responsible for the numerous complaints
against the forest service which Chair
man Nelson said had been received He
Introduced a letter written by Don NJ
Carr private secretary to Mr.. Ballinger,
or January g. last, and printed as an
advertisement in the Montgomery Times
Of Mount Ida. Arizona, advising the edi-
tor Of the paper to transmit to Mr.. Nell
son affidavits of homesteaders who had
made charges of Irregularities against
the forest service in letters to him. Mr.
Bailinger disavowed any knowledge of
Mr.. Carr's letter and offered letter he
had sent to the editor of the paper late
last December in response to one from
the editor notifying him of the COM
plants he had received from homestead
ers. In this letter Mr. Ballinger said the
matter. was not within the jurisdiction of
his department.
Mr. Carrs letter was as follows:
1T is suggested that as Congress prob
ably will at an early date make an ex-
animation of the management of the for
est service, you might with propriety
secure such affidavits of the character
referred to in your editorial and submit
them to the committee having charge
Of the investigation, of which Hon. Knute
Nelson United States senator, will prob
ably be chairman