New-York tribune., 1910-01-27
CLAWS TESTIFIES
B.4LLINGER : PINCHOT
INQUIRY. BEGINS.
Secretary accused of "Impro-
prety," but Not Corruption
One Nesu Charge Made.
rrrcm The Tribune Bureau.l

Washington, Jan. es.-By dint OF hard
questioning the Baiiinger-Pinchot investi-
rstion committee ELECTED from I. r.
Glsvis. its frs. witness and the chief
socuser Of Secretary Bsllineer and Com
missioner Dennett. the statement that he
charged no corruption on the part OF these
ofscials. Wien pressed to say what he
cid charge, Mr.. CLAWS said, through his
counsel that he purposed TO show "a Sc
ouence Of events which indicated i'm
rropriety' on the part OF Mr. Balinger.
The FIRST session OF the special joint COM
riitee was held this afternoon. The
large committee room in the Senate Of
fc. building was crowded in the eXpecta-
tien that CLAWS would furnish sensational
testimony against officials OF the Interior
Department. Mr.. CLAWS was on the stand
for two and q half hours, but his con-
tribution 10 the conservation fight con-
ts,net little that was new and nothing that
is likely TO give serious concern to Secre-
,sry Bslfinser. Taken a whole, the pro-
c.e6ings were not satisfactory TO the COM
rittee Although the committee consists of
twelve Of the abiest lawyers in Congress,
.ts first session was far removed from
sudicisl procedure. Every member was at
tfres IN incuisitor, and as a result the
teetimeny covered a wide range, was not
and in1rrzterIsl in many respects.
COUNSEL OUTLINES CASE
Claws himself was not permitted to
testify at length. After he had been
ouizzed for half an hour there was so much
confusion in the minds OF the committee
as 70 r,lst ne was attempting 70 show that
81 wss suggested that his attorney be
permitted 10 give outline of just what
the critics 81 the Interior Department pur-
roeed TO prove. This met with favor, and
Louis n Brandeis, OF Boston, counsel for
Mr. Claws, started To give the desired
information. He persisted in making an
argument, and members of the committee
repeatedly cautioned him TO stick TO his
outline, TO make IL short and let the COM
r1lttee reach its own conclusions concern
ins the facts Then members OF the COM
n1ittee began asking questions, and
stranger in the COMMITTEES room would have
thought that Mr. Brandeis, who is not
isnd lawyer and not especially familiar
with the West, was the witness instead of
Mr.. CLAWS. Shortly before adjournment
Va. taken, Mr. Brandeis closed his state
snent and more questions were answered
by Mr.. CLAWS. Adjournment was then
taken until friday.
ONE NEW ALLEGATION.
The only feature of the case which could
sn any way he regarded new. was Gla-
nis's charge that in 1901 Judge Ballinser,
when he was not connected with the fed
ersl service advised a client TO take action
respecting coal land claims In the State of
Washington at variance with the statutes.
He charged that had Judge Ballinger's
oIierts followed his advice they would have
been guilty of perjury. He further stated
that this case is still pending. and charged
that by collusion with Henry NJ. Hoyt. Mr..
RsTlingers connection with the case as at
torney rad been suppressed.
At ore point Mr. Root took part in
tire examination, calling Glaviss atten-
tion TO the unfairness Of his intimation
that Bsllineer, as commissioner. was fur
nishiDs improper information TO claimant.
Mr.. Root exhibited a letter from Claws to
RsllingeT in which CLAWS himself declared
he believed this intimation TO be untrue.
Mr.. CLAWS was obviously confused and
could make no explanation. The suggestion
Of Mr.. DENLY Slat the claimant referred
'o could he called a witness, CLAWS met
with ilae remark that, being a claimant, his
testimony could not ne relied upon. to
which Mr.. DENLY replied that CLAWS in
making his charge against Balinger ad-
mitted he had nothing but the testimony of
tHN Cislfndnl 10 rely on
THE CUNNINGHAM CLAIMS.
In January, 1905" said Mr Brandeis
''GlaTis heard that Ballnger had ordered
ire Cunningham claims TO clear listing for
patent He at once telegrs phed asking that
this action be suspended and came on to
Washington. He said he had just secured
possession of the Cunningham journal, which
bore conclusive evidence Of fraud. CLAWS
met Ex-Governor Moore and Clarence Cum
ninghsu1 here and was told by Moore that
but for his action the land would have
gone 10 ps tent. CLAWS also discovered rhat
contrary to all practice Cunningham and
other claimants had received information
as 10 what the field agents OF the depart
nlent were doing. Cunningham said he had
copies Of all the papers on file and there
Was nothing in them 10 prevent the lands
going TO patent"
Mr.. Brsndeis said that when Claws final
)y wss directed 10 make full and thorough
examination he had only two months in
~ hich TO do, and said il would be impossible
60 have prepared the governments case
against the claimants in that time.
Tho attorney again was interrupted and
asked 10 outline the specific charges
against Secretary Ballinger.
1t appears, first" said Mr.. Brandeis,
that Mr.. BslIinger while Commissioner of
ihe Land Office, took active part In the
controversy and investigation which arose
IS 10 the validity OF the Alaska coal lands