The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-15
THEY KEPT A LOBBY.
Cunningham Claimants Sought to In
fiuence Government Action.

Washington, April 15.-Frank Pierce,
first assistant secretary Of the interior,
who began his service under Secretary
Garfield and was continued in office by
Secretary Ballinger, was the witness
before the Ballinger-Pinchot committee
of inquiry when its sessions were re-
Sumed today.
Mr.. Pierce took the stand late Satu--
day afternoon and after detailing at
some length the multitudinous duties OF
the secretary of the interior, declared
| that Mr.. Baninger soon after taking
office turned over to him everything in
connection with the Cunningham coal
claims. Just as adjournment was taken
last Saturday Mr.. Pierce testified that
Mr.. Ballinger had not at any time at
tempted to interfere with his direction
of the case or to influence his action.
During the winter of 1907, Mr.. Pierce
said, the Cunningham claimants had
maintained a strong lobby in Washing
ton and had exerted powerful influence
on Secretary Garfield and congress to
secure their patents.
Mr.. Pierce said he stipulated with
John P. Gray, one of the counsel for
the Cunningham claimants, that the
cases should not be heard before the
Juneau register and receiver who ordi-
narily would have had jurisdiction be-
cause the receivers son was one of the
claimants and because he realized that
the same influence would be exerted
with these officials as was apparent in
fuences might warp their judgment.
The committee questioned Mr.. Pierce
along lines regarding the Cunningham
claims and as to whether he would be
in effect, the court of last resort in de-
Gliding whether the claimants were en-
titled to their patents The witness re-
piled that neither the claimants nor the
government would have an appeal from
his decision.
How do you reconcile your judicial
function with that of prosecutor? 90 in
quired Senator Root.
That is a question which has both
cred me a great DEAL" replied Mr..
Pierce. He expressed the opinion that
the prosecution of land cases should
rest with the department of justice. He
explained, however. that when officials
of the general land office appeared be-
fore him in the role of prosecutors he
considered them as such and did not
allow the fact that they were govern
ment officers to influence his decision.
Representatives Graham and James
sought to obtain an admission from the
witness that his decision in any case
would be subject to review by the Sec
retary. Mr.. Pierce said he supposed
the secretary would have legal right
to do so, but he could not recall any
case where the secretary had reversed
or revised a decision of one of his as
siStants.
"I want to say right here" exclaimed
Mr.. Pierce, that no decision will be
1LlOunCSO III lHSSC 1dIH CldlInS
until every one of the 25 lawyers in my
department has made an exhaustive
examination of the records. When
this is done, shall send the record to
the department of justice and ask for
similar careful attention at the hands
of the large force of lawyers there
"Is this extraordinary care which you
propose to give to these cases due to
the magnitude of the claims or the
publicity which they have attracted?"
asked Mr.. James.
Both" retorted the witness.
The luncheon recess was then taken.