Los Angeles herald., 1910-01-30


Hitchcock be also consulted, provided
the appointees are not directly suggest
ed by the president"
Provokes Laughter
The last document read while CLAWS
was on the stand called out q great
deal of laughter 1t was telegram
from Mr.. Schwartz, dated Washington,
August u, 1909, at the time attacks
were being made upon Secretary Bal
linger and others, and was addressed to
M. J. McEniry, special agent at Dem
yer. 1t read:
"Get into scareheads tonight and AS
sociated Press, if possible, that secre-
tary and commissioners have secured
evidence showing unlawful combina-
tions of several hundred coal entries;
that general land office is assigning its
best coal engineers and lawyers to Sc
attic to assist in the coming trials.
'"That commissioner general office
while in Denver had expressed conf
dence that several hundred entries
would be Cancelled; that government is
making every effort to secure speedy
action on these cases, as all coal en-
tries in Alaska have now been suspend
ed for over four years; that govern
ment is anxious to clear these lands OF
bad entries, and that it may get coal
for its coaling stations in the Pacific;
that special agents say coming hearings
will reach some of largest interests yet
uncovered, and that Ballinger has made
it plain that he will stand behind them
to the finish; that several of the rail
road corporations owned by eastern
capital are making indirect efforts to
delay the hearings, hoping that next
congress will pass further remedial leg
islation or permit greater consolidation,
but it is the position of the commits
sfoner that such entries as are fraudu-
lent as the law stands should be can
celed at once and criminal liability de-
veloped before statute bars action.
Schwartz's Advice
"FolIowing somewhat above ideas,
understand newspaper attacks about to
be made on commissioner Of general
land office, secretary of interior and
Assistant Secretary of Interior Pierce
in Alaska coal. l wish to forestal.
''Treat the source of your information
secret, as l have consulted no one. At
ter putting this out, until advised fur
ther avoid interviews in this matter.
fSfgned) SCHWARTZ"
For the first time since the inquiry
started Clifford Pinchot was not in
the first row of spectators.
The greater part of the morning ses-
sion was devoted to the introduction
of documentary evidence from the
printed record in the controversy.
President Mentioned
Mr.. Pinchots name, oddly enough,
was drawn into the hearing on the
first day of his absence. CLAWS had
got to that point in his story of the
Cunningham claims where the land
Office placed Special Agent Sheridan
in charge of the case to conduct the
hearings.
SHERIDAN was a lawyer and had
wide experience asked Senator Nell
son.
yes. sir" replied CLAWS.
WAS the governments interest
placed in jeopardy by his assignment"
took the same view of the case that
l did"
wasn't it the fact that Sheridan
superseded you that made you think
it necessary to apply to Pinchot to in
troduce you to the president and so
alarmed you as to the status of these
cases"
"A great many things alarmed me
besides that; that did not alarm me
very much. I applied to Mr.. Pinchot
after l had protested against the cases
first to make a field examination"
Representative Madison had some
little difficulty in getting a direct an
swer from the witness as to whether it
was absolutely essential that a field eX-
animation should be made before hear
ings were held.
Kindly and Sympathetic
'Now, Mr.. Claws" he said, "I am
trying in a perfectly kindly and SYM
pathetic way to ascertain your posi-
ton in the matter"
CLAWS declared a field examination
was necessary to establish a prlma
facie case.
.'WeI, what so alarmed you about
these cases?' again asked Senator
Nelson.
alarmed me-" said CLAWS, "and a lot of
testimony 1 have not given yet"
CLAWS testified as to a visit he had
made to the land office on one occa-
sion.
''What brought you to Washington at
that time?" asked Senator Nelson.
Il came to interview a congressman
who had claim in the Green group"
replied the witness amid laughter.
''Who was the~.eorsPessSna asked
Representative Madison.
'Mr. McLachlan of California"
''Did you see him or get an affidavit
from him?"
mo"
"Why not?"
.'Weil," said CLAWS. "Mr. BaIlinger
said to me that there had been too
much of that sort of thing in the past.
4 would not see him if 1 were you,'
Mr.. Ballinger said"
"And you didn't see him?"
mo"
CLAWS declared he was so disheart-
end by the ruling given by Assistant
Secretary Pierce, which he regarded as
favoring the claimants in the coal
cases. that he thought of resigning
from the service and giving all the
facts in the case to the press. He went
to Henry M. Hoyt, now the attorney
general of Porto Rico and a cousin of
Councillor Henry M. Hoyt OF the de-
partment of state. He told him the
ther attempt to invalidate the Cum
ningham and other Alaska claims. He
told Mr. Hoyt also that Mr.. Ballinger
had declined to act in the matter,
turning the entire subject over to Mr..
Pierce.
'I told Mr.. Hoyt my purpose to re-
sign and give out the facts" said
CLAWS. "He said he thought it would
make an awful scandal on Mr.. Taft's
administration. which had hardly be-
gun, and he did not think it the best
way. We discussed the best method
of bringing about change in the