The Birmingham age-herald., 1910-01-27

hour or more, going into the details of the Cunningham claims, Representative Den by of Michigan interrupted him.
 Representative James of Kentucky said he thought the witness should be allowed to proceed in his own way.
 Representative Graham, democrat of H. linois, suggested that Glavis' counsel should make the statement. This course was finally decided upon, and Attorney Brandeis arose to address the committed MT. Brandeis said that Glavis' attention was first called to the fraudulent coal land claims when Glavis was in Seattle as chief of field division in 1907. Ballinger al that time was commissioner of the land office. Glavis heard that a number of prominent people in Seattle were in- terested in the fraudulent claims in Alaska. Glavis met Special Agent Jones of the land office who was on his way to Alaska to investigate the Alaska claims.
 When Jones, after preliminary investi- gation, returned to Seattle in August. 190I he was directed to report at once to Commissioner Ballinger, who was in Seat tie at the time.
 We claim.' said Mir Brandeis, that Commissioner Ballinger thereupon modi- fled the orders which had been given to Jones by Assistant Commissioner Dennett to make full and thorough investigation making one or two affidavits in each group, instead of fully covering the mat ter. MT. Ballinger also stated that if patents could not be granted on the lands as matters stood, relief would be required Irori Congress. Jones had been sent to Alaska by Special Agent Love of the de- partment, who had jurisdiction, lived in Alaska and was more or less closely iden- tified with the claimants Love, however, aided Jones in the work.
 Conferences In Seattle. There were repeated conferences in Seattle between Jones and Ballinger. and Varlous directions were given by Ballin- ger both to Jones and to Love. There waa a full discussion as to the rights, le- gality and fraud of the Alaska claims
 MT. Brandeis then went more briefly into the GIavis charges against MT. BalIinger as presented to President Taft and acted upon by the President The speaker said that recommendations by Glavis and Jones in the Alaska case were not acted upon by Commissioner Ballinger. Glavis sought an affidavit from a man named Davls. The latter said that he had talked the matter over with Ballinger and had been told not to make any statement. to await until charges had been filed by the government After this Glavis came to Washington and argued with the land of- nee as to the danger of a scandal in the Aiaska cases. He was then directed to proceed with full investigation. Soon aiter he left Washington, however. ex- Gov. Miles C. Moore came here to consult MT. Ballinger to see whether the claims could not be hurried to patent.
 senator Nelson charged the attorney wlth withholding the fact that Moore was re1erred to the assistant secretary Of tbe interior as Ballinger had had nothing xo do with the claims.
 Fraudulent Claims.
 MT. Brandeis said that Senator Na1- son was mistaken and was thinking of Ballinger's action in May, 1909, as Sec retary of the Interior, and that Bran dels was speaking of Ballinger's action as commissioner of the land office in 1907. He personally acted and took ac- tlon in the move of the department relative to these claims, which he as- serted were fraudulent.
 This having been the case. wh en ba ceased to be commissioner, he took the position as counsel for some of these claimants"
 Senator Sutherland of Utah inter- rupted
 You don't claim that Ba1linger acted
 
 made improper use of the informa tion which he had obtainedr'
 That is not all," replied the at- torney, the fact that he acted at all With reference of the contest was not consistent with the highest conduct as an officer of the government"
 Then you claim he acted corruptly.. or improperly" asked Senator Suth- erland.
 Yes, improperly; that he acted with out due regard to the interest of the government while commissioner. Also that he acted improperly afterward in taking employment from the claimants who had been before him as commis- sioner.
 We claim that Ballinger's action as commissioner was improper in his fail ure to thoroughly investigate the Alaska claims.
 That he acted improperly in order ing these claims to patent, and we charge that they were on the road to patent with undue haste when Glavis intervened and saved them.
 Cunningham Claims.
 "I am stating what is distinctly a fact, and about which there can be no question" said MT. Brandeis. Tn Jan ury. 1908, Glavis heard that Ballinger had ordered the Cunningham claims to clear listing for patent. He at once telegraphed asking that this action be suspended and came on to Wash gton. He said he had just secured possession of the Cunningham journal which bore conclusive evidence of fraud. He met ex-Governor Moore and Clarence Cum ningham here and was todd by Moore that but for Glavis' action-sthe land would have gone to patent Glavfs also discovered that contrary to all prac- tice, Cunningham and other claimants had received information as to what the field agents of the department were doing. Cunntn gham said he had copies of all the pa pers on file and there was notli ing in tn em to prevent the lands going to patent"
 Mr Rrandeis claimed that uh hen