New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-15


and Mr.. Brandeis then proceeded to IN
terrogate Mr. bennett as to what he
knew about the preparation of the MEM
orandunn.
Mr. bennett asserted positively thar
ne was not consulted regarding the prep
aration Of the memorandum. and said
he knew nothing about it. He had heard
a rurnor that such a memorandum was
prepared. but he did not assist In us
preparation and was not asked to furnsh
any information for the use Of Mr. Law
Ter After trying unsuccessfully In Vari-
Gus WAYS to establish even remote
connection between the LAWYER mem
orandun and Mr. bennett Mr. Brandeis
reluctantly abandoned this subject.
Mr.. bennett proved himself an alert
capable and conscientious witness. IN
every respect he corroborated the state
;nents made By other officials OF the
Interior Department respecting the atu-
tude of Secretary Ballingec toward the
Cunningham coal cases. He SAID that
Mr.. Ballinger had never attempted, d.
rectiy or indirectly. to influence his &C
ton in Alaska coal cases, and had IN
formed him when he became Secretary
that he would not have anything to do
with the Cunningham claims, inasmucn
as he had drafted an affidavit for Clar~
ence Cunningham when he was not IN
the public service. Mr.. bennett said that
Mr.. Baiiinger had pursued this course to
the letter.
Special attention was called by Mr.
bennett to the exceptionally stringent
anti-monopoly provisions of Section OF
the act of May %. 1908 Mr.. bennett
said the critics who changed that 1T was
the purpose of Secretary Baliinger 10
turn over the caal lands Of Alaska to
combinations failed TO direct public at
tention to the provisions of the law re-
lating TO the disposal of these lands.
Even members of the committee were
amazed when Senator Nelson read the
drastic anti-monopoly provisions of Sec
ton g, which enables the officers of the
government to follow coal lands after
patent has issued and to forfeit title in
the event that there is any semhlance Of
monopoly or conspiracy in restraint OF
trade.
| Mr. bennett gave a brief review of his
public service. He was for many years
a clerk of the Committee on Public
Lands of the Senate, and later became
special agent of the Land Office. THE
often published story" he said, that 1
was put into the position of Commits
sioner of the General Land Office through
the influence of Senator Guggenheim is
utterly false. When / was appointed
assistant commissioner 1 had distinct
understanding with President Roosevelt,
Secretary Garfield and Commissioner
Ballinger that there We're to be no rec
concentrations for me beyond those of
the Senators from my own state, North
Dakota
THE same was true when I became
Commissioner after Bailinger's retire
ment. I have never been appointed by
President Taft, but hold my position un-
der the old appointment of March, 1908
Mr.. bennett spent some time in going
over the personal letters written by him
to Secretary Ballinger and Mr.. Schwartz,
which have excited considerable atten-
ton in quarters hostile to the Interior
Department. He said that these letters
We're not written for publication and
contained certain expressions which were
not as ornate as should be found in Off
ciai communications. They contained no
expressions that were not true, although
it was possible for suspicious minds to
read into them hidden meanings If single
sentences were ready wholly apart from
the text and without a knowledge of the
general conditions underlying the writing
of the letters.
AS an instance, AIR. bennett called at
tention to the use of the word ginger"
in one Of his letters, which he said had
been given false meaning by Mr.. Bran
deis. He had borrowed thi4 word from
the vocabulary OF President Roosevelt,
and il referred to the fact that the politi-
cal campaign was beginning to show
signs OF much needed activity. Mr.
Dement'S full and frank explanations of
ali his letters seemed to meet the ap-
prevail of the committee and on the
whole his testimony created decidedly
favorable impression both as to his abil-
ity and high character as a public Of
fetal