The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-26


charges. We desired the committee I,
formulate those charges and to defe
until later period of the inquiry ou
suggestions as to what conclusion
should be drawn from the facts.
when this inquiry began Mr.. Bal
linger sent letter here in which h,
expressed the desire TO leave the corr
mittec untrammced. He did not evCI
desire TO have counsel, lest ii should
hamper tho committee in its search fol
tho facts.
cit is perfectly clear that we should
not be brought TO q stop in our inquiry
without being able to lay before the
committee those facts which Mr.. Bal
linger alone is aware of and can best
enlighten the committee. l know of no
proceedings In which we would be de-
MED this opportunity, We certainly
ought not to be denied it in what the
chairman has characterized as free
full and open inquiry and not limited
by the ordinary rules of evidence"
Secretary Material Witness.
Brandeis if he regarded him as wit
ness to material facts and the attorney
declared he did
And you intend TO examine him on
all points that you consider material?n
inquired Representative Mccall.
Yes, sir.
He had requested that the patents be
hurried. In reply Mr. Cunningham wrote
that the issuance OF patents was "a matter
resting with the convenience OF the gov
ernment and could not be hurried, al
though he had been Informed that the
commissioner OF the land office (Mr Bal
linger) had lntlmated that the matter
would all be cleaned up in ninety days,
Guggenheim syndicate. had been called
upon from time 10 time by Mr. Brandcis
for statements and letters while Mr. Birch
was questioned, II was suggested that
caused laughter in swearing the witness
by pledging him to the truth OF "testi-
mony already given and to be given"
Following this ceremony, Mr. Brandels
read u telegram from Daniel Guggenheim
TO Clarence Cunningham dated December
{. 1907, finally accepting the proposition
made In the memorandum agreement OF
July 20" by Messrs. Cunningham, Moore
and Campbell on behalf of themselves and
their associates. A letter from Cunning
ham acknowledging receipt of the tele-
gram was also put in evidence,
Mr.. Birch said that in none OF his con-
versations with Cunningham was Ballin-
gers name mentioned or any promise re-
cited as to the action OF the commissioner
of the land office
Mr.. Brandefs was about to question the
witness concerning the report of the eN-
pert sent by the Guggenhelms TO examine
the Cunningham claims when Mr., Steele
protested against making the document
public. He said IL was a private matter
and had nothing to do with any questions
at issue before the committee. He was
willing. he said, TO let the committee have
the report In confidence Further ques-
tions regarding the report were deferred.
Mr.. Birch testified that the Guggen-
helms had projected a railroad from ka-
talla to the coal lands. Later they
to the copper nelds. When Cunningham
heard Of this change early in 1908, he told
Birch that the agreement had been vlo-
lated, that IL was no longer binding and
would not be lived up to.
Plans of Syndicate.
The witness said ne did not consider the
change OF plans violation OF the agree
ment as the Cunningham claimants had |
done nothing on their side Of the con-
tract; they had not formed company
DR. placed any deeds In escrow. So from |
the time OF accepting the agreement 10 |
the present day no action has been taken
lnder the agreement. The witness was |
questioned as 10 the cost and amount OF |
railroad construction done by the Alaska
syndicate. He said II always was the |
plan tc build road which would tap both |
the copper mines and the coal fields.
IF the coal had not been there we
would not have gone said Mr.. Birch
Mr.. Steele here was asked whether OF
not there had been a formal notification |
by Cunningham 10 the syndicate that the |
agreement had been forfeited. He de-
claTSQ tneTe ndQ not
Throughout the giving OF testimony as |
10 the Guggenheims. Messrs, Birch and
Steele. acted as sort OF joint witnesses.
Mr.. Steele said he did not regard the syn
iicatc's purpose TO build a road as bind
ng and therefore said he did not consider
The agreement violated.
I'm other words, what you mean is
hat you desire your cross examination
llnnation' suggested Senator Suther
and.
81 wouldn't put it just that way" re-
olied Mr.. Brandeis.
to make his statement He
las had the advantage OF being able to
,onfer With the president and has made
.wo statements TO the president"
Doesn't that apply to all the witnesses
n this proceedings" asked Representa-
i've DENLY.
mo. my client Dr.. CLAWS, has not had
IN equal opportunity.
MT. Brandeis admitted he desired to
nave the right tc examine Mr.. Ballinger
n his own way. Representative Olmstead |
,aid he thought Mr.. Ballinger should have
he opportunity first TO make his state
nent to the court In his own way. Mr.
3randeis was directed to proceed with
IFS other witnesses. the Ballinger mat
er being deferred for the time being.
Stepheum D. Birch, manager OF the
Morgan -Guggenhelm syndicate in Alaska
hen was sworn. He said the syndicate
vas composed OF j. ?. Morgan d Co. and
some mem OcrS OF lDe 0rm OF NJ. GuSEen- |
leInl Sons. Mr., Birch recently appeared
,efore the senate committee on territories
md gave the testimony which he repeated
oday. He said he first saw Clarence Gun
bingham In connection with his claims In
Seattle early In April. 1907. The witness
'aid he saw Cunningham several times In
Seattle.
Records of Agreements.
Mr.. Brandeis then read into the record
copy OF the memorandum agreement In
o July 20. 1907. by Clarence Cunningham,
Niles c. Moore, A. D. Campbell. and the
,ther Cunningham claimants as vendors
o Daniel Guggenheim as vendee. stating
erms under which the claimants would |
convey half interest in their coal lands
"And Daniel Guggenheim repres sented
he Guggenheim syndicate?" asked Mr..
3randcis.
"Yes, sir"
Representative Madison called attention
% the fact that at the time the agree
nent was dated several Cunningham
,laiins had not gone to entry.
Mr., Brandeis read letter from Clar-
.nce Cunningham 10 Mr.. Birch dated May
|, 1907, IN which Cunningham said he had
1ot been able 10 make any progress. but
1ad called a meeting OF the claimants
May 15 at Spokane. Wash. when he
hoped an agreement could be reached
'sWhcn I saw Cunningham in Seattle In
Iupa continued the witness she said ba |