New-York tribune., 1910-01-29

specific authority to go ahead with the
Alaska coal inquiry until October. 1905 He
said that even then he did not resume his
Investigations until March, 1909.
HEYBURNs NAME MENTIONED.
At the opening of the afternoon session
Mr.. Brandeis offered in evidence the jour
nal of Clarence Cunningham. Of Wallace.
Idaho, the agent in all the Cunningham
claims. which contained the entry:
Have agreed with Mr.. w. B. Hepburn, IN
consideration for his services as attorney,
TO carry him for one claim OF $50 acres in
the coal. free of cost to him. and he agrees
TO do all our legal work in procuring titles,
etc.
In an affidavit made subsequent to the
loss OF his journal Cunningham made pub
lie letter from Mr.. Hepburn. in which the
Senator said
Il do not desire to participate in or be
interested in any manner, directly or indi
rectiy, in acquiring public lands. What
ever services I may perform properly
within my duty as public official for
yourself or any other constituent l shall
cheerfully perform. but not for any consid-
eration directly or indirectly. l do not de-
sire any interest to he carried for me on
"a
future profit to myself
Cunningham preceded this letter with the
statement:
''As soon as | became aware that coal
lands could not be taken in Alaska under
the mineral laws. Mr.. Hepburn informed
me in person that he could not act under
said agreement
CLAWS testified to an interview he had
with Mr.. Ballinger in Seattle. in the mid
die of March, 1908, two weeks or so after
Mr.. Rallinger had resigned Commis-
sorer. A letter was introduced showing
that prior TO April /, 1908, Mr.. Balinger
had requested information regarding some
Of the land claims from Fred bennett, his
successor.
CLAWS said he knew Judge Ballinger
would be bothered by a lot of people in
Seattle soon he returned there after
leaving the government service, and he
wanted to lay his side of the case before
him first.
But he wasn't a government official
them" suggested Glavis's counsel.
But I regarded him as SUCH" replied
Claws
Mr.. BalIinger told me- the witness con-
tinued. that there had been lot of muck
raking, and that | ought TO be careful be-
fore making specific charges against any
one. AT a subsequent interview with Mr..
Ballinger I told him Cunningham was ac-
cusing me of having stolen his journal.
He told me not to worry. that Cunningham
evidently was spreading this story to square
himself with his principals for doing such
a silly thing TO give the journal to me. -
THE GUGGENHEIMS' INTEREST.
AS to the Guggenheims interest in the
Cunningham claims, Mr.. Brandeis read a
letter from Field Chief Schwartz, dated
September q, 1e0S which said. among other
things:
while Cunningham is strenuous in his
afidavits that they are not a part of or
bonded to the Guggenheims, II is a little
peculiar that this memorandum book of ex-
penses incurred should proceed along from
day to day with great detail from the in
ception of the claims in 1902 until December,
1907, and then close with: The above sum
was received from Daniel Guggenheim in
full for expense incurred on account OF the
examination of coal lands on his account
check received, s1.359 CO. q"
At 5:l2 p. m. adjournment was taken
until 10 a. m. tomorrow.