The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-05-11
BALLINGER WAS
DENIED HEARING
in Land OFFICE
Secretary of Interior Admits
Having Been Barred From
Appearing for Claimant
Committee Will Ask Oscar Laws
Ter to Produce Paper Taken
to President

WASHINGTON, May 1o.-The exist
ence of rulings in the interior depart
ment, which Baliinger must have VIC
lated in appearing before the general
land Office in behalf of the Cunning
ham coal claimants after his retirement
as land commissioner. was brought out
by Attorney Brandeis in cross exami-
nation Of the secretary of the interior
in the Ballinger- Pinchot investigation
today.
Brandeis secured an admission from
Ballinger that he had been barred from
appearing before the land Office by a
similar ruling in another case subse-
quent TO his activity in the Cunning
ham cases. and prior to his becoming
secretary of the interior.
Ballinger said that he had not called
these rulings to the attention of the
president to assist him in reaching a
conclusion on the CLAWS charge be-
cause he did not think there was any
law to sustain them.
REQUEST FOR PAPER GRANTED
The committee decided to grant the
oscar Lawler, assistant attorney gen
eral for the interior department, be
asked TO furnish the original or copies
OF the memorandum he prepared for
the president last September and which
Brandeis has intimated the president
followed in writing his letter vindicat-
ing Ballinger and Diminishing L. r.
CLAWS. BY unanimous vote the COM
mittee refused to ask the president for
similar information.
Brandeis had almost concluded the
cross examination of Ballinger when
the hearing was adjourned until Thurs
day. He devoted practically the entire
day to the subject of the clear listing
of the Cunningham claims by Com
missioner Ballinger, to show extraordi-
nary haste had been made to rush the
claims TO patent and that Claws reit-
Grated protests alonefhad caused Bal
linger to pause.
WOMAN DEFENDS BRANDEIS
During an exchange of amenities be-
tween Chairman Nelson and Attorney
Brandeis in the course of a wearisome
afternoon one of the women spectat tors
rebuked the former because he under
too TO discipline the inquisitor for
Swapping" at members of the commit
tee.
You can insult witnesses, but you
can't insult the committee said Mel
son holly, addressing Brandeis.
You can't insult him, either" inter
rupted the lawyers fair feminine de-
fender. whose identity was hidden be-
hind a solid row of chantecier hats.
Senator Nelson was too surprised to
answer. So was Brandeis. And thus
harmony was restored.
CLASH OVER SENATOR PILES
spirited controversy among MEM
bers Of the committee was precipitated
by Brandeis asking Ballinger if he had
not heard it stated in a most public
manner by Samuel II. Piles that Charles
Sweeney, one of the Cunningham
claimants and president of the Federal
smelling company, a subsidiary COM
pany of the Guggenheim syndicate, had
been instrumental in his (PilesD cleo
ton as United States senator.
Senator Sutherland objected to Bran
deis dragging a senator into this in
+Vestigation." He said that the commit
tee had not been authorized to investi-
gate a senator.
Brandeis explained that he had no
desire TO reflect on Piles other than to
show that he had been the instrument
in the hands of the powerful interests
of the northwest to bring about the
selection of a man for commissioner of
the land office who held different views
on Alaskan matters from Secretary
Garfield.
COMMITTEE BARS QUESTION
Chairman Nelson put the question to
vote and by a party vote Of to 4
the committee decided that Ballinger
should not be allowed to answer the
question.
Ballinger had previously admitted
that as a matter of common rumor in
Seattle he had heard that he had taken
an active part in Piles election.
Brandeis read transcript of an ar
ticle published in a Seattle newspaper
in January, i905,-Sust after Piles cleo
ton as senator 1t told of a eelebra-
ton held in a Seattle hotel and later
at a social club, in which Ballinger,
then mayor; z. z. Todd, United States
district attorney at Seattle; IL c. Heney
and c. J. Smith, two of the Cunningham
claimants, participated.
Piles was quoted as saying in a
speech on that occasion that II owe my
election TO Charles Sweeney. He made
me senator" District Attorney Todd
was quoted as saying:
I'VE are all Sweeney men now"
Ballinger said that he had some rec
objection of the celebration, but that he
had attended simply in his capacity as
MAYOR and did not recall and did not
intend to attempt to recall what was
said on that occasion
SECRETARY EXPLAINS
My appointment as commissioner
xvas accented under protest" said Ral-