Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-03-12
Action Was Not Taken at Request Of
Reclamation Service.
FROM BALLWGER
Witness Superior Took Many Excep-
tions to Bureaus Work.
LISTS TO BE PREPARED SLOWLY
Reclamation official Says Secretary
Did Not Want Public Attention
Attracted to Orders-Per-
Jury in Affidavit.


Davis. chief engineer OF the reclamation
service, testified before the Ballinger-Pln-
chot investigating committee today that In
preparing lists OF lands to be restored to
the public domain by Secretary Ballinger
he felt he was acting under mandatory or
ders from the secretary.
These lands had been withdrawn, the
witness said. by former Secretary Garfield
for conservation OF water power sites. Mr
Balllnger according to Mr.. Davis, repeat
edly gave verbal orders that the lands so
withdrawn should be prepared for restora-
ton and that their withdrawal had been In
direct violation Of law and could not be
sustained. No written orders, however
were ever Issued
Mr. Davis Is before the committee on
summons issued by counsel for Clifford
Pinchot.
The prosecution" claims that President
Tafts letter of September l3 last exonerat-
ing Mr.. Ballinger from the CLAWS charges
showed that Mr.. Taft got the impression
from Mr. Balllnger that he mad made these
restorations only upon recommendations Of
the reclamation service.
The chief engineer Of the reclamation
service also declared today that Mr. Bal
iinger had directed that the lists Of land to
b restored should be prepared slowly so
as not to attract public attention.
Just before adjournment of the commit
tee yesterday the members engaged In a
discussion as to whether or not the stat
utes regarding perjury would cover the ex
parte affidavit of Clarence Cunningham,
which included the statement by him on
May G. 1908 reiterated on September 4. 1905
the the Guggenheim syndicate had no In
terest direct or indirect in the Cunning
ham group OF coal land claims IN Alaska.
hearing before the senate committee on
territories recently developed the fact that
an option by the Guggenheims on one-half
the Cunningham claims was accepted by
the claimants December Z, 1907.
When today's session began Attorney
Brnndeis said he desired to call the COM
mittees attention to the revised statutes
regarding perjury and subornation OF per-
jury, which he. thought covered the case,
The Cunningham affidavit Of September 4,
1903, was left with Secretary Garfield by
Mr.. Ballinger.
Chief Engineer Davis this morning con-
tinued his detailed statement as to oper-
lions Of the reclamation service under the
direction of Mr. Garfield.
He went over most OF the wholesale with
arawals Of power site lands by Mr.. Gar
field He declared there was no subterfuge
at any time
The policy Of Withdrawals Mr.. Davis
stated, was not initiated by the reclamation
service but was ordered by Secretary Gar
field.
When the technical features of his testi-
mony had been exhausted Mr.. Davis was
asked to tell Of an interview he had with
Secretary Ballinger in this city the even
ing OF March /, 1909
THE secretary telephoned me to come
TO his hotel" said the witness. I'VE talked
together for two hours. discussing prin-
cipally the power site Withdrawals. He
criticised the past conduct of the .reolama-
ton service and said that the withdrawal
OF the large areas was illegal. He also said
that there were many settlers on lands in
the west who had been promised water and
had nothing but the promises to live on.
He criticised our system Of force accounts
or the direct employment of labor and said
We ought to have everything done by con-
tract
He criticised our publicity bureau. I
told him It was for the purpose Of dissem-
mating information as to various projects.
that it saved the tims OF officers and pre-
vented inaccuracy in newspaper accounts.
NE criticised what he termed our oppres-
sion of contractors and said he had heard
much complaint on that score told him
was entirely responsible for any oppres-
sion, but that I had always tried to do
DO justice to them.
Il defended all the things he criticised to
the best Of my ability. Mr.. Balllnger did
not show any great familiarity with the
work OF the service He seemed interested
in all said. and when was through he
declared that matters looked better to him
He said he wanted mo to help him gel
acquainted with the work and promised
to do So"
No Confidence in Newell.
did you Know he had previously gone
over these matters with your superior
Director Neweu2" asked Attorney Pepper
Il did not"
Ibid Mr.. Baninger make any references
TO Mr.. Newell?''
'He expressed a lack of confidence II
him. I had also seen newspaper clippings
which said Secretary Bauinger intended
70 reorganize the reclamation service and
70 eliminate Mr.. Newell"
What impression did Mr. Bauinger',
comment on the power site withdrawal,
leave with, your
He spoke though a great crime hat
been committed by these Withdrawals.
said / did not think Is was 20 serious; tina
the lands could be readily restored anC
that no great harm could be done. III
asked me specifically II l could segregat
the Withdrawals made for conservation o
power from the others. l said could. II
told me to so ahead. but that he did no
care to have It done suddenly. l got tn
I Impression that he wanted It done slowly
N but / did not attach any significance q
NJ"
Didn't Mr.. Ballinger say he wanted /
done slowly so as not to attract public At
lention2"
Yes that Is my recollection"