Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-03-11
Former Head Of Interior De-
partment Declares BaIlingef
Gave HIN False Affidavit
Sworn to by Cunningham,
SMALL SENSATION
LlvENS DULL SESSION
Garfield Tells How BaIIinger
Attempted as Casual Matter
to Get in Little Statement AZ
tecting Vast Treasure in Coal

leclIn9 vast lreaSufe In Coal
liiy Morning Journal special I~ased wirsI
Washington. March l0.---Iames Il.
Garfield, former secretary OF the in
terior was finally excused from the
witness stand at the Ballinger- Pinchot
investigation late this afternoon. His
tinal half hour before the committee
furnished the sensation OF what had
been up TO that time. Il decidedly dull
day.
MIR. Garfield stated that Mr. Ballin-
ger. after having been commissioner
Of the land office, submitted TO him
on September II, 1908. an affidavit
signed BY Clarence Cunningham which
contained the statement that the Gug-
genheims Ind no interest whatever IN
the Cunningham group of coal claims
In Alaska while as a matter OF fact
the record of a recent hearing before
the senate committee on territories
shows that prior To the making OF the
affidavit the Guggenheim syndicate
had been given an option on a half in
tcrest in all the Cunningham claims.
Attorney Brandcis who was uues-
tioning Mr.. GARFIELD followed up this
declaration by reading from Secretary
Ballngers report to President Taft
concerning the CLAWS charges, the
statement that Mr.. Balllnger had sug-
gested to Mr. Cunningham an amend
mcnt to an affidavit made prior to the
one which he presented To Secretary
Gariigld in September PCS and that
Mr.. Cunningham made the amend
ment by explaining In detail what he
meant bY certain terms used in his
former AFFIDAVIT
Mr. Garfield said Mr. Balingor in
giving him the affidavit left the inn
preston that his action was entirely
casual and that he had been requested
by friends in seattle to leave ii on file
for whatever ii might be worth Mr..
Brandeis then called attention to the
fact that the name of Mr.. Balinger's
law firm was printed on the backing
OF the affidavit
The former secretary of the interior
was examined and cruss-examined as
to his administration Of the office
which he gave up to Mr.. Ballinger on
March 3, 909 Mr.. Garfield In ex-
planning what he did In the matter OF
the Withdrawal of lands without spe-
ciiic provision of law, declared he was
in the interest OF the people
and to prevent monopollstc control OF
power sites and consequent extortion-
ate prices to the consumers.
When he had concluded his tcsti
clifford Pinchot ana with arms about
each others shoulders they sat for
some time In smiling discussion of the
days events
4. r. Davis, chief engineer of the
service followed MIR. Gar
field on the stand Mr.. Davis said he
preferred not to testify unless directed
O do so BY the committee. Chairman
Nelson gave the direction and Mr.. Da-
ss had just fairly started his testi-
nony when adjournment was taken
intil tomorrow morning.
AZ the afternoon session Attorney
3randeis introduced in evidence
bundle of letters which passed be-
ween Fred bennett commissioner of
he land OFFICE and Mr.. Baninger sub
3equent TO the lattcrs retirement from
he land office In March 1908. The
attorney read an extract from only one
Witch tended to show that the Gun
bingham claims We're subject OF cor
between the two while
Mr. Ballinger was out of office.
Mr. Garfield then told OF visit
made to him by Mr.. Ballinger ut Men
or. o.. september Il, 1908, when
ir Ballinger was In private life.
"Ho had wired" said the witness,
that he wanted to see me regarding
ONE departmental matters. When he
rriVed Mr. Ballinger presented to mo
n affidavit signed by Clarence Gun
ingham. saving he was on his way
asst ana had been asked by some
riends In Seattle to leave the affidavit
IL told Mr. Ballinger that | con-
dered the Cunningham claims Illegal.
fter reading over the affidavit I re-
narked that 1t made no difference with
lc claims. He said he had been re-
tested to fiie it nevertheless. and
ould leave Il for what 1t was worth
lie left me with the impression that
was q casual natter
Did he tell YOU he was counsel for
No. except as | have indicated Ii
ppcarod To he entirely casual He
so took up with me other matters
the Indian bureau
Attorney Brandeis called attention
the fact that the Cunningham affi-
wit was iaeketed in binding which
lre the name of Mr, Ballinger's law
m He also called attention to the
stimony recently given before the
,mmttce on territories OF the senate.
garding the interest Of the Guggen-
,ims in the Cunningham claims.
He asked II Mr Ballinger had ever
dicated to the witness that the Gug-
'nheims were Interested
NO. replied Mr.. Garfield.
Mr. Brandcis then read from the
innngham AFFIDAVIT the statement
at the Guggenheims We're not in any
~ interested in the coal lands. This
fidavit was dated March 6. 1905 The
stimons before the senate committee
ows the Gugegnheim option was ta-
N December I. 1907.
IN less than an hour after the af-
moon session began, Mr.. Vertrees,