The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-01-27
LOUIS CLAWS TAKES STAND
IN THE BALLINGER INQUIRY
Chief Accuser Of Secretary Of the Interior Relates Portion His
Evidence Regarding Alleged Frauds Connection With the
Coal Land Deals in Alaska Territory.

Washington, Jan. .6,-Thc Ballin-
ger Pinchot congressional inquiry com
nittee began its public sessions to-
day with Louis II. CLAWS. chief ac-
cuscr of Secretary Ballinger. on the
witness stand. As result of many
Interruptions and the final decision of
the committee to insist that CLAWS.
counsel make an opening statement of
the specific charges against Mr.. Bal
inser. the witness did not .;g. lar lii
his narrative. There was opportunity.
however, to draw some conclusions as
to the preliminary lineup of the COM
mittce.
In his enthusiasm over the actual
beginning of the inquiry and as a re-
suit of Il tendency to argue his view
of the testimony to be adduced, the
special counsel for CLAWS. Louis D.
Brandeis ol Boston, had some diff
Guilty in reducing his statement to a
brief recital of the charges, but final
iy. he summed up the case for the
prosecution in this way:
That. prior to entering the govern
ment service In any capacity. II. \.
Ballinger acted as attorney in draw
ing up an agreement i'm escrow and
deeds in the Wilson Coal company
cases in Lewis county, Washington:
these cases being an alleged fraud
upon the land laws. Mr.. BaIlinger's
name did not appear i'm court rec
ords of the case.
Oilioenee lackipo.
That Mr.. Balnger. as commissioner
of the land office i'm 1907, did not show
due diligence in investigating alleged
frauds connected with the Cunning
ham coal land claims in Alaska; that
he had knowledge of all circumstances
surrounding these claims and in spite
OF this. entered the employ of one of
the claimants after leaving the land
office and before becoming secretary
of the interior; that he ordered these
claims to be clear listed" for patent
without due investigation and that
they would have gone to patent If
Claws and others had not inter-
vened.
1T Is not any one act, but series
OF acts and circumstances" declared
Brandeis. adding that It was for the
committee to determine whether the
lands that should be held for the
benefit OF the people and o. pos
terity. are in safe hands,
Many Questions.
Senators Nelson. Root and Suther-
land and Representative Olmstead
and Madison were the more active of
the committeeman in plying the wit
ness and his attorney with questions.
Many times they referred to Secretary
Ballinger's denials and sought ex-
PLANTATION of what they considered
discrepancies in statements. Demo-
cratic members were not much in evil
dence. Representative James asked
only a question or two and In each
instance only to clarity some point at
issue. Representative Graham. the
other democrat, took issue with Sem
ator Nelson in the final minutes of
the hearing and declared that. in a !
certain instance. the burden of proof
was upon the secretary of the interior
rather than upon the accusing wit
ress
morning and hereafter there will be |
and afternoon sittings ev-
cry Friday and Saturday.
Wiekersham Present.
Delegate wickersham of Alaska was |
present this afternoon. He requested |
permission to appear before the COM |
mittee and to produce witnesses. The |
request will be granted.
Questioned by his own counsel. |
CLAWS charged that when the escrow |
agreement in the Wilson case was /;
drawn up by Ballinser it was an un-
lawful proceeding and the entrymen |
had no right at the time to enter into !
this agreement. The agreement, how !
ever. never was signed.
Claws said the information came to !
him secondhanded. as stipulation |
had been entered into by the govern
ment counsel in the Wilson case and !
the name of Mr.. Ballinger |
was not to appear. The witness said |
the records would bear him out.
The counsel for the government !
consisted of p. {. sullivan and Henry |
NJ. Hoyt. The proceedings against the |
Wilson claimants are still pending. /
CLAWS claimed Bailinger's participa- H
tion amounted to a conspiracy in a 4
claim against the govern A
ment.
CLAWS next turned TO the Alaska 4
coal fields and described in detail the 1
location and extent of the Cunning
ham claims.
After CLAWS had proceeded for half 1
An hour or more. going into the de-
tails of the Cunningham claims. Rep
DENLY of Michigan. in
terrupted him.
Representative James of Kentucky.
ldemoeratD. said he thought the wit
ness should be allowed to proceed in
mis- own way.
Representative Graham OF Illinois. n