The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1910-03-11
Former secrstary Garfield
Closed His Entire Testi.
mony Late Yesterday
PROSECUTION IS NOW 0fFER|NG
EVIDENCE N CoRRObORAI|oM
A. p. Davis, Chief Engineer of the
Reclamation Service Was Called as
the First Corroborating Witness
Did Not Take Stand Voluntarily.

Did Not Take Stand Voluntarily.
Washington, March 11.-With the
testimony Of Louis r. CLAWS, Clifford
Pinchot and former Secretary of the
Interior James H. Garfield all in. the
prosecution at the Ballinger-Pinchot
hearing today began the Introduction
OF evidence which is intended to be
IN corrob0ration of these three prin-
ctpal witnesses.
The first person called was A. P.
Davis, chief engineer of the reclama-
ton service. Mr.. Davis let 1t be known
that he took the stand reluctantly and
declared he did not wish to testify
unless specifically directed to do 80
by the committee. Chairman Nelson
told him he had been officially sum-
moned and would have to give any
information possible. Davis is an
elderly man who has been in the re-
clamation work for more than a score
OF years. He accompanied Mr.. Taft,
then president-elect, to Panama in
January, 1909. as member of the
board of consulting engineers on the
canal work.
Mr.. Davis testified that in preparing
the lists of lands to be restored to the
public domain he felt that he was
acting under mandatory orders from
Secretary Ballinger. These lands had
been withdrawn, the witness said, by
former Secretary Garfield . for the
conservation Of water power sites.
Ballinger. according to Mr.. Davis, re-
peatedly gave verbal orders that the
lands SO withdrawn should be prepar-
ed for restoration and had declared
that the withdrawal had been in d.
rect violation Of law and could not
be sustained. No written orders, how
ever were ever issued.
The prosecution declares that Presi-
dent Taft's letter Of September a18,
last, exonerating Ballfnger from the
CLAWS charges, showed that the presi-
dent got the impression from Ballin-
ger that the latter had made these
restorations only upon the recon-
mendatfon of the reclamation service.
The chief engineer of the reclamation
service also declared today that Mr..
Balhnger had directed that lists Of
the land to be restored should be
prepared slowly so as. not to attract
public attention.
Interest in the investigation began
to lag today and the crowd which
sought admission was smaller than
first assembled.
committee yesterday afternoon the
to whether statutes regarding perjury
ho ,sko nj Hoxv{k ~
Clarence Cunningham, which includ-
ed the statement by him on May 6.
1909, reiterated on Sept a, 1908, that
the Guggenheim syndicate had no in
terest direct or indirect in the Cum
ningham group of coal land claims
in Alaska. The hearing before the
senate committee on territories re-
Gently developed that an option by.
Guggenheim on one-half of the Cum
ningham claims was accepted by the
claimants Dec. Z, 1907. When today's
session began Attorney Brandeis said
he desired to call the committees at
tention to the revised statutes regard
ing perjury and subordination. These
enactments, he thought, covered the
case. The Cunningham affidavit of
Sept. 4, 1908, was left with Secretary
Garfield by Mr.. Ballinger.
Chairman Payne is opposed to the
proposition along with other Republic
cans and all the Democratic men,
bers. Representatives Needham of
California and Ellis of Oregon, in
whose states there are large reclama-
ton projects, are the particular COM
mittee advocates of the proposed leg
islation.
Indications are against any favor
able action on the bond issue or on
the proposition endorsed by the SEN
ate.
Practically every state in which
reclamation work is in progress will
be given a hearing.
Some of the western senator's and
representatives express uneasiness
over q suggestion that certain advo-
Gates of conservation in the house are
inclined to strike back at the west by
antagonizing the reclamation compile
tion bills.
Garfield Closes.
Mr.. Garfield was finally excused
ger-Pinchot investigation late yester-
day afternoon. His final half hour be-
fore the committee furnished the SEN
sation of what had been up to that
time decidedly dull day.
Mr.. Garfield stated tat Mr.. Ballinger
after having been commissioner Of
the land office, submitted to him on
September II, 1908, an affidavit signed
by Clarence Cunningham and contain
Ing the statement that the Guggen-
helms had no interest whatever in the