Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-05
Batinger Attacks Garfiel6s
Assertion to the President.
RESTORING PUBLIC LANDS
Secretary Cross-Examined Before
Investigating Committee.
EXPLAINS COURSE OF ACTION
Tells Why He Followed Example of
His Predecessor in Withdrawing
Power Sites Pending Legislation.

cit was not a fair or truthful state
ment,' exclaimed Secretary Ballinger
during the Ballinger-Pinchot investigation
today. referring to a sentence in former
Secretary Garfield's letter to the Presi-
dent last November, which read: He
(Ballinger) directed the reclamation serv-
Ice TO prepare lists for restoring the with
drawn lands. but to do slowly. in Or
der not to attract public attention.
Mr.. Ballinger said that while he had
no desire to reflect on the previous ad-
ministration. which had withdrawn the
lands unlawfully, he believed. he had
issued no such order and that all the
lands actually had been restored within
a period of three weeks.
Another statement I'm the same letter was
disputed by Mr.. Ballinger. Near the end
or his letter Mr.. Garfield said the plan
or the. reclamation service for the issu-
ance Of cooperative certificates had been
approved by the Senate committee Oh ir-
rigation.
Mr.. Ballinger read an affidavit from
the secretary of that committee to the
enect that he had failed to find any
such approval in the records of the
committee for the past seven years.
AS to the reason for his having re-
withdrawn power sites he had previously
restored, Mr.. Ballinger said he feared
they might be taken up pending action
by Congress giving the President power
to withdraw them. He admitted that
he had no more legal authority for his
action than Mr.. Garfield had had.
The inquiry has now reached its most
interesting stage-the cross-examination
of Mr.. Ballinger by the attorneys for the
prosecution Louis D. Brandeis. attor-
ney for CLAWS, was the first to take the
witness in hand. At least three days are
expected to be occupied in cross-exami
nation of the Secretary and he may not
be excused until Friday or Saturday of
next week.
Garfield Contradicted.
Mr.. Ballinger contradicted two state
ments made by Secretary Garfield in his
letter of November g. 1909, to President
Taft. In that letter. which is in evidence.
Mr.. Garfield said that the cooperative
certificate plan of the reclamation service
had been approved by the Senate COM
mittee on irrigation, and Mr. Ballinger
read a certificate from the secretary of
mat committee. stating that a careful
search OF the minutes of the committee
since 1903 had failed to reveal any refer
ence to the cooperative certificate plan.
In the same letter Mr.. Garfield told the
President that Secretary Ballinger had
Instructed Director Newell and Engineer
Davis OF the reclamation service to make
the restoration of lands. withdrawn under
Garfield, slowly in order not to reflect on
the previous administration.
Mr.. Ballinger said he gave no such
order and recalled that no such sugges-
ton had been made.
IF there was any suggestion, con-
dnued Mr.. Ballinger, lit was at the in
stance of Mr. Newell in a letter to Sena-
tor La Toilette suggesting such a course.
The fact is that the restorations were
not made slowly, but we're made in the
course of two or three weeks, as fast as
they came down from the reclamation
service. 1t was not a fair and truthful
statement. 1 had no desire to reflect on
the previous administration. however, and
did what could to avoid it,
Withdrawals Explained.
Attorney Vertrees then asked the wit
ness to explain why he had subsequently
rewithdrawn land he had previously re-
stored to entry.
MY Withdrawals were made under no
better legal authority than those of Mr..
Garfield,'' said Mr. Ballinger But I or
dered them In fear that many of the most
valuable power sites would be taken up
pending action by Congress giving the
President power to withdraw lands.''
outlined in the Presidents letter to Mr..
Garfield. dated November "a. 1909 in
which the President said:
when he (Ballinger) presented to me
the danger that waterpOwer sites might
be taken up pending the action of Con-
gress. which was needed to treat them
on the basis recommended by Mr.. RoOse-
welt. consented to a new order of with
drawal, provided the place of the water
power sites was definitely fixed by the
geological bureau, which had the best
sources Of information. as it turns out. in
respect to places where the sites were.
/ think this is considerable stretch of
the secretarys power. but 1 have been
willing. in view it's previous exercise,
to continue it with respect to more def
nitely ascertaining waterpower sites. un-
til ! can bring the matter sharply to
the attention of Congress.
The President dld bring this matter
sharply to the attention of Congress
and the passage Of legislation vesting the
President with power TO make with
drawals is part OF his legislative program
for the present session.
The witness was still discussing this
subject when the committee took the
usual recess