The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-16
Prosecution Saves Big Guns
for Final Service
QUESTION IS HELD OVER
The Defense Does Not Want BaIlinger
Cross-Examined But Matter Is
Left to Be Decided at An
other Meeting

washington. ADrlI 10.7Ine prose-
cution" in the BallinRer- Pinchot con-
troversy indicated at today's hearing
by the congressional Investigating COM
mittee that 1t was holding its big guns
In reserve until Secretary Ballinger
takes the stand.
Attorney Brandeis sought permission
to defer the s-examination of
Frank Pierce. assistant Secretary of the
Interior, who concluded his testimony
today until after he had an oppor-
tunity to question Mr.. Ballinger The
committee appeared to be divided on
| the question as to whether MI Bran
deis should be allowed to call witnesses
for the defense after they hac been
| excused from the stand 1t was de-
cided to leave the matter pending un-
til tomorrow owing to the scant at
| tendance of the committee at the
time.
When Senator Sutherland expressed
the opinion that the request was a
most unusual one. Mr.. Brandeis replied
that inasmuch as he had been denied
the privilege of calling Mr.. Ballinger
as his witness, he thought 1t no more
than right that he should be allowed
to cross mine Mr.. Ballinger before
questioning his subordinates.
| In this opinion. Senator Purcell
heartily conourred. but other mem
bers including Senator Root. strongly
dissented. Mr.. Brandeis added that
after he had cross-examined Mr. Bal
linger he might decide that 1t was
unnecessary for him to question Mr..
/ II, - 40 pfffCa
Two witnesses besides Mr.. Pierce were
heard today. Francis Clements, assist
ant law officer of the interior department
and Edward G. Finney, assistant to the
| Secretary of the Interior, both cor
lercborated Mr.. Pierce's testimony In sew
eral particulars. Mr.. Pierce early In The
lhcaring g5contradicted the testimony of I.
r. CLAWS that he (Pierce) had sent fo
CLAWS to talk over the matter OF con
structing the new law of May S. 1880. re
garding coal land claims. He denied tina
he had any talk on the subject VIII
| Glavis Both Clements and Finney de
| nied that CLAWS had said anything tt
| them about Secretary Ballinger, and ex
pressed the intention of applying to tht
Attorney General for an opinion on this
law, as CLAWS also had testified. MI
Finney took on his own shoulders the
re sponsibiiity for the letters to Senator
| LaFollette, in which Mr.. Ballfnger was
| quoted as saying that the water power
sites withdrawn under the Garfield ad
ministration had been restored on recon-
n,endation of the reclamation service
Officials of the reclamation service hat
denied making such recommendation. Mr.
Flnney said he had prepared the letters
by the direction of Mr.. Ballinger, but thai
he did not know whether Mr. Ballingel
had read them, although they came from
his desk with his signature attached.
Frank Pierce was the witness before the
committee of inquiry when its sessions
were resumed today.
Before Mr.. Pierce resumed Attorne,
Brandeis made a lengthy statement
charging that the interior department hat
| failed to furnish correspondence called
| for by him in a letter dated on the 9th
The committee adopted a resolution
| that the department be requested t.
produce the correspondence demanded b,
| Mr.. Brandeis.
During the winter of 1907, Mr.. Pierce
testified, the Cunningham claimants main
tained a strong lobby in Washington
and had exerted powerful influences OF
| Secretary Garfield and Congress to Sc
| cure patents. s.H
The committee questioned Mr. Pierc,
as to whether he would be, in effect, tn.
| court of last resort in deciding whether
| the claimants were entitled to their pat
| ents. The witness replied that neither
| the claimants nor the government woule
| have an appeal from his decision.
How do you reconcile your judicia
| function with that of prosecutor?' in
| quired Senator Root
s"rhat is a question which has bothered
me a great DEAL, replied Mr. Pierce,
| He could not recall any case where thu
| secretary had reversed or revised a de
| cision of one of his assistants.
II want to say right here" exclaimed
Mr.. Pierce, that no decision will be an
nounced in the Cunningham claims un
til every one of the Is lawyers in m,
| department has made an exhaustive ex
| animation of the record