The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-01-27

show due diligence in investigating al
legged frauds connected with the Cum
ninghafn coal land claims in Alaska;
that he had knowledge of all circum-
stances surrounding these claims, and,
in spite of this, entered the employ
of one of the claimants after leaving
the land office and before becoming
secretary of the interior; that he or
dered these claims to be clear listed
for patent without due investigation,
and that they would have gone to
patent if CLAWS and others had not
interviewed"
Series of Acts.
TT is not any one act, but series
of acts and circumstances, declared
Mr. Brandeis, adding that it was for
the committee to determine whether
the lands that should be held for the
benefit Of the people and of posterity,
are in safe hands,
Senators Nelson, Root and Suther
land and Representatives Olmstead
and Madison were the more active of
the committeeman in plying the wit
ness and his attorney with questions.
Many times they referred to Secretary
>
PLANTATION of what they considered dis
crepancies in statements. Democratic
members were not much in evidence.
Representative James asked only
question or two, and in each instance
only to clarity some point at issue.
Representative Graham, the other
democrat, took issue with Senator
Nelson in the final minutes gathering,
and declared that, in a certain in
stance the burden of proof was upon
the defense, rather than upon the ac
cusing witness.
The inquiry will be resumed Friday
morning, and hereafter there will be
morning and afternoon sittings every
Friday and Saturday.
Is Stating Facts, He Says.
'I am stating what is distinctly
fact and about which there can be
no question:" said Mr.. Brandeis in his
statement.
I'm January, 1908" he continued,
CLAWS heard that Ballinger had
ordered the Cunningham claims to
| clear listing for patent. He at once
| telegraphed, asking that this action
be suspended and came on to Wash
possession Of the Cunningham journal
which bore conclusive evidence OF
fraud. He met Governor Moore and
Clarence Cunningham here and wal
told by Moore that, but for his (Gla.
visO action, the land would have gone
to patent
"Glavis also discovered that, con-
trary to all practice, Cunningham and
other claimants had received infor-
nation as to what field agents Of the
department were doing. Cunnin CHAM
said he had copies Of all the papers
on file and there was nothing in them
to prevent the lands going to patent"
Mr. Brandeis claimed that, when
CLAWS finally was directed to make a
full and thorough examination he was
given only two months and said it
| would be impossible to have prepared
the governments case against the
claimants in that time.
Outlines His Charges.
The attorney again was interrupted
and asked to outline the specific
charges against Secretary Ballinger
TT appears, first" said Mr. Bran
deis, that Mr. Ballinger, while COM
missioner OF the lanU ONCE, TOOK an
active part in the controversy and
investigation which arose as to the
validity of the Alaska coal lands, and.
by ordering some Of the claims to
patent, acquired knowledge of i'm
portance.
HE personally acted and took part
in action of the department relating
to the investigation of these claims.
which, we assert, were fraudulent.
This. having been the case. when
he ceased to be commissioner. he took
the position as counsel for some of