New-York tribune., 1910-01-27

he personally acted and took part in the
action Of the department relating to the
investigation Of these claims, which, we as
sert, were fraudulent
This having been the case-when he
ceased to be Commissioner, f1e took the
position rs counsel for some OF these claim
ants"
Senator Sutherland of Utah. interrupted:
You do not claim that Ballinger acted
corruptly as Commissioner. but that he
MADE improper use OF the information
which he had obtained?"
That is not ALL" replied the attorney:
'the fact that he acted at all with refer
ence TO the continuance OF the contest was
not consistent with the highest conduct as
an officer OF the government"
Then you claim lie acted corruptly or
improperly" asked Senator Sutherland.
"Yes--improperly; that he acted without
due regard to the interests of the govern
ment while Commissioner. Also that ne
acted improperly afterward In taking en-
ployment from the claimants who had peen
before him as Commissioner.
we claim that Bailingers action as
Commissioner was improper in his failure
thoroughly to investigate the Alaska
claims, that he acted improperly in ordering
these claims to patent. and We charge that
they were ON the road to patent with TN
due haste when CLAWS intervened and
saved them; that he acted improperly in
allowing the Alaska claimants 10 see all
the papers on file in the department. Cum
ningham said in letter on file at Juneau
that Commissioner Bail;nger gave him the
papers"
You are aware" interrupted Represent
ative Olmsted, that Secretary BalIinscr
specifically denies all this?"
"Yes" replied Mr.. Brandeis. "and we
will ask you 30 consider all our state
ments in connection with this denial"
Then" interjected Mr.. Madison. you
do claim Mr.. Ballinger acted corruptiy?"
NO CORRUPTION CHARGED.
Mr.. Brandeis replied with some show
Of feeling.
"I have not used the word 'corruptly,'"
he exclaimed. in high pitched voice Il
have desired TO bring the facts before this
committee. ] deem il a matter of great
solemnity. and that no charge of corrup-
ton should be made. 1t is matter for
this committee to determine whether the
great trust of holding this land for the
benefit Of the people and for future gen
crations is in safe hands. We make no
charge except the charge Of the facts. 1t
is for you gentlemen to determine what
/ demand
In connection with the Wilson Coal
Company case Mr.. Brandeis charged that
Ballinger acted as counsel. though his
name did not appear. in case which in
volved perjury on the part of the claim
ants and a fraud upon the land laws.
Mr.. Brandeis said he would ask from
time to time for the production of papers
in the Land ONCE and Interior Depart
ment and from the special agents offices
in Seattle and elsewhere. He was directed
TO furnish a list OF all the papers desired,
and was assured they would be produced.
Mr. Brandeis promised that the inves-
tigation from now on would bring out
more than contained in the charges
filed by Mr. CLAWS with the President;
that there were facts. statements and
documents not then in his possession.
GLAvIS's TESTIMONY.
CLAWS then proceeded to tell of his CON
versation with young Charles D. Davis. Of
Seattle in which Davis said he would not
mako an affidavit. as he had been advised
against IL by Judge Ballnger.
DO you know of any reason why Davis
should not come here and testify first
hand? ?" asked member of the committee
t'Ne, sir" replied CLAWS; except that
he Is one Of the claimants This raised a
laugh.
CLAWS said that Davis made this state
nnent TO him the first time he met him..
An interesting and perhaps significant
coffoquy here occurred between Senator
Nelson and Representative Graham, one Of
the Democratic members. --5 ,-=.--
Senator Nelson sought to draw from the
witness and his counsel the fact that they
had TO knowledge that Mr.. Bailinger per-
sonally received some letters addressed to
the Commissioner of the Land Office, and
that this mail may have gone to other
persons.
Representative Graham interrupted with
the remark that he thought the burden of
proof would be on Mr.. Ballinger. He
thought that in an important matter like
this the Commissioner of the Land Office
ought 10 know all that was going on.
The burden is on him." he said, ito
| show that he did not know what was in
| these letters
When CLAWS was sworn Senator Nelson
asked a few preliminary questions.
What, if anything,-do- you claim TO
have been amss in the administration of
| the public lands?' was the question the
chairman shot at the witness.
CLAWS said he could not answer briefly.
GO ahead and tell it all in your own
| way" directed Senator Nelson.
| CLAWS was trifie nervous as he began.
! He talks with quite lisp. He started by
going back to the time when he began
| work as a field agent of the land Office
| or the Wilson Coal Company cases in
! Lewis County, Wash, in 1901 and 1902. Mr..
| Ballinger, he said, was attorney for the
! Wilson company. He referred to these
cases as leading up to the Alaska claims
! which form the principal subject OF in
| quiry.
CLAWS declared that Ballinger's name did
not appear In the court records of the
Washington coal claims, and that he did
not appear I'm court at any time. The
| witness said Mr.. Bsllinger, however, drew
up an escrow agreement and prepared the
deeds for the claimants in the Wilson
| cases. Mr.. Balinger had no government
connection at the time of this appearance
! Questioned by his counsel, CLAWS charged
| that when the escrow agreement in the
/ Wilson case was drawn up by Ballinger
1t was an unlawful proceeding as the
entrymen had no right AT the time TO enter
| into this agreement. The agreement, how
| ever, never was signed
sl