Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1910-01-27
CLAWS CALLED
AS WITNESS IN
BALLINGER CASE
Chief AccuSer of Secretary
Testifies Before Con-
gresS Committee
EVIDENCE IS STRONG
InquisitorS Proceed to Get
at Once to Bottom of
Controversy
EVIDENCE IS STRONG
[Associated PressI
NJ AsH1NGToN, Jan. 2s.-The Bal


quiry began it's public Sessions
today with Louis r. CLAWS, chief ac-
cuser of Secretary Ballinger, on the
witness stand.
AS a result of many interruptions
and the final decision OF the committee
to insist that Claws counsel make an
opening statement of the specific char
ges against Mr.. Ballinger, the witness
did not get far in his narrative.
There was opportunity, however, to
draw some conclusions as to the pre-
liminary lineup of the committee. In
his enthusiasm over the actual begin
ming of the inquiry, and as the result
of tendency to argue his views or
testimony to be adduced, the special
counsel for CLAWS, Louis D. Bran
deis of Boston, had some difficulty In
reducing his statement to a brief re-
cital of the charges, but, finally he
summed up the case for the prose-
cution in this way:
That, prior to entering the govern
ment service in any capacity, r. A.
Ballinger acted as attorney in draw
ing up an agreement in escrow and
deeds in the Wilson Coal company
cases in Lewis county, Wash, these
cases being an alleged fraud on the
land laws. Mr.. Ballinger's names did
not appear in court records of the case
That Mr.. Ballinger, as commissioner
of the land office in 1897 did not show
due diligence in investigating alleged
frauds connected with the Cunning
ham coal land claims in Alaska; that
he had knowledge of all circumstances
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 ordered these
claims to be "clear listed" for patent
n thar
they would have gone to patent II
CLAWS and others had not intervened.
Lies with Committee
"It is not any one act, but series OF
acts and circumstances" declared Mr..
Brandeis, adding that it was Tor tne
committee to determine whether the
lands that should be held for the ben
eft 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 Secre-
tarv Ballinger's denials and sought ex-
plantations of what they considered dis
crepancies in statements Democratic
members were not much in evidence
Representative James asked only a
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 of the
gathering and declared that in GER
tain instance the burden of proof was
on the defense rather than upon the
accusing witness.
The inquiry Will pc resumed rIioay
morning and hereafter there will be
morning and afternoon sittings every
Friday and Saturday.
The direct manner in which the COM
mittee of inquiry proposes to deal with
the work it has undertaken was evil
denced today in the summon1ng OF
CLAWS as the first witness to give tes-
timony.
CLAWS is the dismissed field agent
who made charges against Secretary
BaIIinger in connection with the Cum
ningham coal claims in Alaska
Ordered Dismissed
He sent the charges direct to Presi-
dent Taft, and the latter. after consid-
ering them, wrote to Mr.. Ballinger, de-
claring he had been unjustly attacked
and that CLAWS should be Immediately
dismissed from the service.
Since his dismissal CLAWS has car
ried on a most relentless campaign
against Secretary Ballinger by means
in various publications.
1t was in connection with the prepar-
alton of the CLAWS charges against
Secretary Ballinger that Clifford Pm
chot was drawn directly into the con-
troversy MIR. Pinchot directed Asso-
ciate Forester Price and Assistant Law
officer Shaw of his bureau to assist
CLAWS in framing the charges. These
facts proclaimed by Mr.. Pinchot in a
letter. to Senator Dolliver together
with the letter itself, led to the dis
missal of Pinchot, Price and Shaw.
CLAWS being the man around whom
the greater part of the tempest mas
turned his appearance on the witness
stand naturally tEnded to center In
terest in the inquiry from the very
start.
Although the proceedings were not
scheduled to open until 2:30 p. M,
demand for seats in the big room in the
senate office building where the ses-
sions are to be held set in early in the
forenoon 1t was realized that follow
ing today's session, the convention
would meet for the present on Fridays
and Saturdays. =,
This ARRANGEMENT, it is believed, VIII
give the senators and representatives
plenty of time to attend to their legis-
lative duties and carry forward the IN
quiry at the same time.
Say Slate Is Clean
The commission is starting with an
absolutely clean slate. All that has
been said and written in the past is so
| far as possible forgotten and the case
against Secretary Ballinger or any one
| else on whom the attack may TURN
| must be developed in court" although
in this court of investigation there VIII
be none of the strict rules of evidence
to exclude any character of testimony
which may be presented by the princi-
pals in the controversy.
Mr.. CLAWS announced he would be
represented throughout the hearing by
two attorneys, Louis d. Brandeis OF
Boston and Joseph B. Cotton of New
York.
Nessrs. Pinchot, Price and Shaw are
collectively represented by George W.
Pepper, an attorney of Philadelphia
Mr.. Pepper and the CLAWS attorneys