The Barre daily times. (Barre, Vt.) 1897-1959, 1910-04-16
He viii Make no Haste in De-
Gliding Merits
OF CUNNINGHAM CLAIMS
Is Using the Greatest care-The Course
Based Partly on the Value Of the
Claims and Partly on
Publicity.

Washington. April d. Frank Pierce
I first assistant secretary Of the interior,
who began bis service under Secretary
Garfield and was continued IN Office BIZ
Secretary Ballincer, was the witness id
the Ballineer pinchot congressional In
quiry when IFS sessions were resumed
yesterday
Mr.. Pierce took the stand late last
Saturday and declared that Mr. Ballingar
soon after taking Office turned over 70
him everything III connection with The
Cunningham coal claims. just as adj
ionrnment was taken last Saturday, Mr..
Pierce testified that Mr. Ballinger had
not az any time attempted 70 interfere
with his direction Of The egsc o. 70 inilu-
ence his action.
Before Mr. Pierce resumed The stand,
Attorney Brandes charged that The in-
terror department. had failed to furnish
certain correspondence called for by him
in a letter to the commmittee dated
january FL
Mr. Brandeis said the correspondence
desired related TO the statement Of At
tornev General Wickefsham that CLAWS
had been guilty OF hahitnal procrastlna
ton IN falling 10 institute suits against
claimants oi Alaskan lands lie said be-
expected ID show by this correspondence
that CLAWS had not been negligent il
this matter.
Attorney Vertrees said he resented the
imputatiou Of opposing counsel that pa
pers had been withheld by che depart.
ment.
eThat Is not true. There Is not a
word 81 truth in il, + said Mr.. Nertrees,
heatedY.
The committee then adopted a motion
that the department BE asked 70 produce
tho correspondence demanded bv Mr..
Brsndeis and M. Pierce resumed his
Testimony.
Nr, Pierce denied that Be bad told ex.
Governor Moore, one Of the Cunningham
claimants, that he could have hs patents
without an examination under the new
llaw Of May "a, 1905 Tia said Land
Commissioner bennett had construed the
law differently and had told Moore be
could have bis patents without a hear
ing.
During the winter Of 1907 Mr.. Pierce
said, the Cunningham claimants had
maintained 4 strong lobby III Washing
ton and had exertea powerful influence
on Secretary Garfield and Congress 10
secure theif patents Mr. Pierce said
he stipulated with John ~ GRAY enc
Of the counsel for tile Cunningham claim.
ants, that The cases eoald not be heard
before The Juneau reefster and receiver
who ordinarily would have had iprisaic.
ton. because the receivers son was one
- a. sf.s....t,fe ,Yl kss.ft.- 81, 80 5sesaa
that the same influence would Be exefted
with these officers Is was apparent in
Washington. he thought these infu-
cnces might warp their judgment
The COMMITTEES questioned Air. Pierce
as to whether he would he 81 effect the
court Of last resort IN deciding whether
the Cunningham claimants we're entitled
to their patents. Tire witness replied
that neither TIE claimants nor the gov,
eminent would have an appeal from his
deaision. ne expressed The personal opin-
ion that the prosecution 81 vmd cases
should rest with tie department IF JUS
tice.
Representatives Graham and James
both tried 70 secure I'D admission from
the witness that his decision ii snv
ease would be subject 70 the review Of
the secretary himself. Mr Pierce said
he supposed tho secretary would have Il
legal right to 10 80. but be could not
recall any case where Tho secretary had
reversed or revised a decision 81 his Is
sistants.
Il want to say right here" explained
Mr.. Pierce that ne decision will be-
announced in these Cunningham claims
until every one Of the rs lawyers Id my
department has made an exhaustive ex-
animation. | shall send the record to the
department Of Justice and ask for similar
careful attention at the hands oil the
large force Of LAWYERS there
@ls this extraordinary care due to the
magnitude 81 the claims Of to the pub
LEFTY which they have attracted. asked
the witness
Both replied the witness.
AT this iuncture the luncheon recess
was taken.