The Birmingham age-herald., 1910-03-13
Commit 6 Chairman Is Impa-
 tent With Rep3iitons
DAVIS ENDS TESTIMONY
Witness COntradicts Numbers of BaI- lingers Statements But Declares That He Accused Him of no
 Intentional Wrong

Washington. March 12.--A sharp clash
 occurred between Senator Nelson, chair
 man of the Ballnger-Pinchot committee.
 and Attorney Pepper, counsel for Cliff
 ford Pinchot at today's session when Sem ator Nelson accused the lawyer of "tri- l fling with the committee"
 1 White with anger, MT. Pepper demand
 ed to know If that was the judgment of
 the committee, and when several mem I bcrs exclaimed Let it passi" he said a 1 reflection which he resented had been cast upon him and he questioned the sen- | ator's right to make such an accusa- | ton.
 | MT. Pepper was referring to several let | ters in the record in an endeavor to have | Chief Engineer Davis of the reclamation service, who was on the stand, refute several statements attributed to Secretary l Ballinger Chairman Nelson thought it
 was waste of time to go over ground | already covered and objected to the read I ing of the letters. In each instance in which the question was put the witness replied that MT. Ballinger had made a misstatement.
 Now I have come to the point I was after" said Attorney Pepper At the conclusion of your direct examination this morning you said: I want it understood that I do not wish to insinuate in any thing that I have said that Secretary Ballinger has Intentionally or conscious ly done wrong act. 1 do not believe he has, Will you explain your statement
 more fully?"
 Mir Davis said he merely meant to dis claim any intimatiou- that MT. Ballinger had dore wrong. He referred only to lis acts. , continued, and not his state merits, fos many of them were wrong. l He s.d not Indicate Whether he thought MT Baliinger had "iT. s9tionally or con sciously made a misstatement.v
 Davis Ends Testimony Mir. Davis concluded his testimony be- | fore the committee today and was ex- | cused at the end of the afternoon session. He fatly contradicted Secretary Ballin- l ger in several statements and said the l two did not agree on many reclamation
 matters, although both had been and he hoped still were good friends. 1 The so-called black tent' affair fig- l ured conspicuously in MT. Davis testi-
 mony. He said that E. T. Perkins, pur-
 chasing agent for the reclamation serv- | Ice at Chicago, went through the west
 
 reclamation work, under orders of Sec
 retary Ballinger. The officials of the | service were subsequently, informed, he | said that Perkins was getting an allow ance of $500 a month from the Hartman | railway lines in addition to his $3S9o 1 salary.
 Mr Davis said Perkins proved his fidel- | ity to the Hartman lines by shipping 5s per cent of material from Chicago to
 Meza, Arizona, where the reclamation service has been engaged in project, by way of their lines, which made the longest and most expensive route. The committee will be in session next Friday and Saturday. It is expected
 that Director Newell of the reclama-
 witness.
 Letter From Newell MT. Vertrees read into the record a letter written by Director Newell July II to Senator LaFollette, in which
 Mir. Newell said he had recommended to Secretary Ballinger that certain lands withdrawn under the Carheld administration he restored slowly so as not to attract public attention. He sought to draw from the witness the admission that 1t was upon this recom- mendation that MT. Baliinger had in-
 structed him to withdraw lands slow ly, but the witness insisted that there were two different instances. MT. vertrees also read into the rec ord letters exchanged between Secre- tary Ballinger and President Taft. The
 letters showed that the secretary had
 written to the President in regard to the continuing reclamation work, but that the President had advised him to hold down on reclamation work in the interest of economy and that when
 Congress met he would take the mat ter up.
 When you were called as wit
 ness," inquired Mir. Vertrees. why di' you show such reluctance to testify
 when it afterward developed that you were fully prepared with facts, fig
 ures and even maps expecting to Do called?"
 Not Witness By Choice
 Tt is not of my choosing that I
 am here. would rather not have
 taken the witness stand"
 MT. Davis added that when he had
 been summoned by Attorney Pepper he had told Secretary Ballinger of the
 fact and had conferred with counsel on both sides.
 Later, he said. in answer to ques- tion from MT. Vertrees that he had
 merely discussed water power sites
 with him.
 In the redirect examination of the
 witness Attorney Pepper began re-
 ferring MT. Davis to statements saio to have been made by Secretary Bal finger contained in various letters. In a letter to Senator LaFollette under date of May 12. 1909, Mr. Ballin- ger said he had restored to the pub lie domain the lands in Montana, Ore gon and Idaho upon recommendation of the director of the reclamation ser
 vice who advised that the information In his possession would not warrant tho further reservation of the lands snfs nrauk ctnud Ratded