Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-03-11
AFFIDAVIT In
COAL CASE FALSE
Garfield Says Sworn Statement Made
by Cunningham Was Presented
to Him by Ballinger.
REFERS IT, THE GUGGENHEIMs
It Says Copper Men Had No Interest
in Cunningham Claims.
BOND ISSUE NOT NECEssAR
Former Secretary Defends His Irri-
cation Certificate Scheme.
THINKS TAFT WAS MIsLED
tntimRtes Secretary BaIIinEeF Might
he nesponsible for MIsinfOrma-
tion of President as TO His
Reclamation Plan.
Former Secretary Defends His Irri
cation Certificate Scheme.
THINKS TAFT WAS MIsLE1


Garfield former secretary Of the interior
was finally excused from the witness
stand at the Ballinger-Pinchot investiga-
tion late this afternoon. His final half
hour before the committee furnished the
sensation OF what had been up to that
AHmo decidedly duh day.
' Mr. Garfield stated that Mr.. Ballinger
after having been commissioner of the
land office. submitted 20 him on Septem-
Der II, 19OS an affidavit signed by Clar-
ence Cunningham and containing the
statement that the Guggenheims had no
interest whatever in the Cunningham
group Of coal claims in Alaska, while as a
matter OF fact the record Of a recent hear
ing before the senate committee on terri
tories shows that prior to the making of
the affidavit the Guggenheim syndicate
had been given an option of half inter-
est in all the Cunningham claims.
Attorney Brandels who was questioning
Mr.. Garfield, followed up this declaration
by reading from Secretary Ballingers re-
port to President Taft on September 4
last, concerning the CLAWS charges, the
statement that Mr.. Balllnger had suS- /
gested to Mr.. Cunningham an amendment
TO an affidavit made prior to the one
which ne presented to Secretary Garfield
in September. 1908, and that Mr.. Cunning
ham mado the amendment by explaining
in deAau what he meant by certain terms
used in his former affidavit.
Mr. Garfield said Mr.. Ballinger In Civ
ing him the affidavit left the impression
that his action was entirely casual and
that he had been requested by friends in
Seattle TO leave It on file for whatever
Il might be worth. Mr.. Brandeis then
called attention to the fact that the name
Of Mr.. Ballinger's law firm was prined on
the backing of the affidavit.
The former secretary of the interior
was examined and cross-examined as to
his administration of the office which he
gave up TO Mr. Ballinger on March>5' 1903.
Mr.. Garfield in explaining what he did
in the matter of the withdrawal of lands
without specific provision Of law, de-
olared he was working in the interest OF
the people and to prevent monopolistlc
control OF power sites and consequent e1-
tortionate prices to the consumer.
When he had concluded his testimony
Mr. Garfield took seat beside Gftord
Pinchot. and with arms about each others
shoulders they sat for some time In smil-
ing discussion of the days events.
A. p. Davis, chief engineer of the recla-
nation service, followed Mr.. Garfield on
the stand Mr. Davis said he preferred
not TO testify unless directed to do so by
the committee. Chairman Nelson gave the
direction and Mr.. Davis had just fairly
stated his testimony when adjournment
was taken until tomorrow morning.
Bond Issue Unnecessary.
The testimony Of Mr.. Garfield was en-
livened by the declaration OF the witness
that he did not believe the $3OOOOOOO bond
issue recommended by President Taft to
congress was necessary for the proper for
Harding OF irrigation work In the west.
Mr. Garfield said tins in defense of the
cooperative agreements he entered into
with water users assoGIauons and OF the
reclamation certificates he issued in evil
denee OF work performed and which have
come to be known as Garfield currency"
Mr. Garfield claimed that it was evident
Attorney General Wickersham and Pres-
dent Taft did not have the proper facts
before them wnen they reached opinions
ADVERSE to the legality Of the reclamation
icertifioates.
The witness Immediately implied that Mr..
Balnnger might have been responsible in
this connection, but he did not make an out
right statement to that effect. The former
secretary took issue with Mr.. Ballinger as
TO certain statements made by the latter
In hls reply to President Taft regarding
the various charges made against him.
Mr. Garfield said he could not recall any
conference with Mr.. Ballinger regarding
the Cunningham coal claims although Mr.,
Balllnger said he had Immediately con-
ferred with Mr. Garfield after the receipt
Of CLAWS protest agains; the clear listing
Of the Alaska claims,
Mr.. Garfield admitted that in urging gen
eral legislation By congress early in 1908,
he had made the statement that he was,
willing to condone fraudulent entries in
Alaska provided the entrymen were COM
"a ia naN h,l Il
to the government
Garfield On Alaska BiH.
Former Secretary Garfield, resuming his
testimony made an explanation Of the
Alaska coal bills that were introduced in
congress during his administration OF the
Interior department. At the hearings on
these bills Mr. Garfield said he and Mr..
Ballinger, who was then commissioner OF
the land office, differed on the question
as 20 whether proposed future classified
tion OF coal lands In Alaska and an in
crease OF price over $40 an acre should
apply 70 locations already made and or
dered
The witness said Mr.. BanInger thought
lands already entered should be allowed
patent at the $40 an acre rate provided bv
the OLD law. This would have allowed the
Cunningham claims to be paid Tor at that
price.
Questioned by senator Sutherland Afr
Garfield said he believed himself that as
90 locations made IN good falth the en-.
trymen should have tho right to the $40
price"
"Jinl" snd "Dicll" Letters.
eGTficld then an exchange OF letters
be|Nen himself and Mr. Ballinger. after
the~ latter hod left the land office In
April lsoS, ana while the coal bills were
still pending. Mr., Ballinger addressed Air
Garfield as My Dear jim" ana the latter
replied My bear Dick"
MI Ballingers iettv vI5,,v,