The herald-advance. (Milbank, S.D.) 1890-1922, 1910-02-18
BALL|NCER GRIND
.aACulN0ER~S ATTORNEY PRAC-
TlCALLY ACCUSES CLAWS
OF THEFT
MISSING LETTERS FOUND
Box Belonging to CLAWS Left at Seattle
Broken Open and Letters are
Discovered Among
His Effects

His Effects
Washington, Feb. 1.-THE Ballinger-
Pinchot congressional inquiry began
to bristle with interest today when
John J. Vertrees. Ballinger's counsel,
undertook crOSs-examination Of CLAWS
the principal witness for the prose
cution." The climax was reached when
Vertrees announced that the box be-
longing to CLAWS, left in the grand
jury room at Seattle, was broken open
a few days ago and a number of let
tiers missing from the files of the land
ONCE at Seattle, copies of which were
recently publis he'd in a weekly paper,
were found therein.
CLAWS angrily declared that if any
letters were found in his belongings
"a frame up" had Deen prepared
against him. His d%enunciation of fed
eral officials who wol aid stoop to such
tricks to win the favor of their super
Tors brought applause from the spec
tators. Throughout the hearing the
sympathies Of the spectators. a great
majority of whom are women, has
been with CLAWS.
teFtTees dIUOuuCcu ludt HlaNlo SUI
cessor, Chief Christensen of the fed
division, would be called to testify to
finding of the letters. He offered a
letter from Christensen giving de-
tails of the alleged discovery. The
committee, after a long wrangle on
whether it should be received, de-
ferred the question until tomorrow in
executive session.
ONLY MISCONDUCT
Vertrees drew from the witness the
fact that he charged no corruption
against anybody in the land Office or
department of the interior. CLAWS de
clared If he had found evidence OF
corruption he would have taken the
matter to the grand jury instead OF
to the president. He charged Balm
ger and bennett, however, with mis-
conduct. Through a process OF elm
nation witness cleared all the other
officials of any willful wrong-doing.
He asserted he was fully convinced
that the facts he offered in evidence
warranted the judgment that neither
Ballinger nor bennett was fit to no
an ONCE of pubnc trust.
As to Assistant Secretary of the In
terror Pierce, CLAWS declared he had
rendered an oneou Interpretation
of the coal land law of 1923, and that
this decision, while not an act OF
wrongdoinE, indicated he was not fit
to all the ONCE he holds. bennett,
CLAWS declared, was nothing more
than a tool for Ballinger and would
do anything Rallinger said
SPECIFIC WRONGDoINGs
In spoons to a question CLAWS
summed the specific acts Of wronsdo-
ing which he charges against Balm
ger. His statement was long, listen
ed to with interest, and was really the
first time he gave a definite statement
of the prosecutions case.
He said: The first action was ap-
pearance of Ballinger in the Wilson
coal cases. His PARTICIPATION in draw
ing the escrow agreement to u over
the lands that should have not been
proved up, and were not proved up. as
a matter of fact, was criminal. The
statute of limitation has run. and
evidence is not quite clear. The rec
ord speaks for itself.
"Ballinger's expressions in 1907 tC
Special Agent Jones, when he knew
there had been violation of the Goa
land laws; his statement that he was
coming to Washington to see what
congress would do to help the claim
ants get patents.
After giving me instructions tc
make a full investigation of all the
coal cases, he too up an old repor'
by Special Agent Love and deliver
ately ordered that the Cunningham
claims proceed to patent. The Low
report did not warrant a favorable
ruling. 1t showed an understanding
among the claimants, and suggested
fraud rather than compliance witt
the law.
''Ballinger's appearance before tn
house committee in favor OF the Gaze
hill. which, If passed, would enablt
fraudulent claimants to secure pat
ents.
"Ballinger's action in del~iberatel!
representing the other side after hav
ing beer commissioner of the genera
land Office, having full knowledge o
the character of the investigation WI
had made. He did not act in tn
Cunningham group alone, but In tn
Green group also.
His asking me, in 1908. hen n
was in politics, and arranging TO-
campaign contributions, to hold OF
investigation of the coal cases.
After hearing at a conference wit
Schwartz, bennett and myself. tina
there was great necessity of seclrln'
a construction of the law Of 1908 an
agreeing that the attorney genera
should act on it, and af.er instructlnl
us to prepare a letter to the attorne,
general for him to sign, he delber
ately changed his mind and turned
the matter over to a subordinate II
his own department.
COWARDLY DEED
None OF these are things upol
which a criminal charge could be pre-
dictated, but to my mind 1t was ia
more cowardly for him to do thes
things than If a man had actual,
e.. ~ Snh h. n~,,1