The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-02-20
HOYT NOT NAMED
IN CLAWS REPORT
TAFT Not Told of His Posi-
ton by Wickersham.
DOCUMENTS PUT IN EVIDENCE
Porto RicRn Attorney General on
stand COrrobOrates Prosecuting
witness and Testises He Urged
Higher Authority Than Assistant
Secretary Pierce 20 Pass ON Claims.

Five hours were devoted yesterday by
Louis Brandeis. OF Boston, attorney for
CLAWS. to submitting testimony before
the Ballinger -Pinehot investigating com
mittee TO corroborate the statements
heretofore made by Leuis R. CLAWS,
When he had concluded for the day he
had introduced into the record numerous
letters, reports, and various other dOeu-
ments in support of the contention by
CLAWS that Balllnger. instead or hold
ing aloof from participation in the Cum
ningham cases. had taken an active hand
in them: that he had numerous confer
enees as 10 the validity OF the Cunning
ham claims with CLAWS and Special
Agents Love and Jones as commissioner
Of the Land ONCE and as Secretary OF
the Interior
The documents introduced by Brandeis
were also intended 10 show that Attorney
General Wickersham. in presenting his
view of the entire case TO President Taft
failed To mention the fact that Henry NJ
Hoyt. now attorney general for Porto
Rico. had conferred with him and ex-
pressed the fear that CLAWS was justi-
red in believing that the administration
would be involved in a scandal IL the
Cunningham claims were allowed to go
10 patent
HOyt COrFOborates CLAWS.
Hoyt was on the witness stand during
the morning SESSION and corroborated the
testimony given by CLAWS as to this phase
Of the matter. Hoyt was associated with
CLAWS in the coal Investigations in 1891.
and said he was familiar with the cases
on which CLAWS was working
Hoyt told in detail Of q visit paid him
by CLAWS. who had become alarmed be-
cause Assistant Secretary Pierce had in
terpTeted the new coal land laws in such
fashion that, in his opinion. the Cunning
ham claims could go 10 patent He testi-
fed that he first considered the adv1sa-
bility OF comforting with Horace D. Taft
ON the subject and asking him TO bring
tie matter TO the attention Of the Presi-
dent. bat later decided 10 place all the
facts in the possession Of Attorney Gen
efsI Wickersham. lie did so and urged
the importance OF a higher authority than
an Assistant Secretary passing judgment
an a law which would allow land OF I'M
mense wealth 10 pass from government
control
Mr. Nertrees spent about half an hour
mining Ifoyt. but his testimony
given on direct examination Vas not
shaken in any way.
At the afternoon session Mr. 8randeis
introduced numerous official papers taken
from the files OF the Land Office for the
purpose OF showing that BaIHnger, while
commissioner, was active IN directing
the investigation work These papers
tended TO show that II. X. Love. a special
agent, conferred with Commissioner Bal
lnger at Seattle on the Cunningham cases
on July - =. =. and g. 1897 on August
Love submitted a report to the Land
Office on the Cunningham claims Six
days later the official document showed.
Jones and Love conferred with Commits
siOner Ballinger on the same. cases. and
on the 10 Jones completed a report on
the Cunningham cases. Love read il, but
refused To sign IT, The two agents took
the report 90 MIR. Ballnger who read IL.
but did not tell Jones that Love had al
ready sent in report which was incon-
sisient with that prepared by Love.
Among the papers was also a letter writ
ten by Schwartz. stating that Commits
sioner Balliaser had instructed him TO
send the Cunningham cases 10 patent.
Hoyt's Detailed Testimony.
Mr.. HOyt testified when he took the
stand that ne was United States attor-
ney az Nome, Alaska. from 1904 to 1907.
and special assistant in the Department
Of justice Asked as to CLAWS work
for the government as special agent. Mr..
Hoyt said
His work always was Of very high
order. / knew him intimately. and his
work was thorough and intelligent"
Mr.. Hoyt was asked to tell about his
visit TO Attorney General Wickersham
TO protest against the manner in which
Assistant Secretary Pierce, OF the In
terror Department. was interpreting the
new coal land laws.
II told Claws" Hoyt said. that
wished something could be done to save
the administration from what I believed
would be very great mistake. s1g-
gested that Horace Taft was a friend
and classmate Of. mine and thought of
going TO see him in Connecticut and have
him take the matter up with the Presi-
dent we finally decided TO place the
matter before Attorney General Wicker
sham. told Mr.. Wickersham that had
great faith In CLAWS pointed out the
danger OF grave scandal coming out
OF these Alaska cases. I distinctly re-
member my remark about the possibility
Of a scandal g"
Hoyt said he told the Attorney General
that the Alaska coal cases were Of such
grave importance that it would be a mis-
take TO have any less an authority than
tho Attorney General OF the United States
pass upon the construction of the new
coal land laws. He also Informed Mr..
Wickersham that CLAWS could be de-
pended upon. I told the Attorney Cen
eral,' said Hoyt, that / had worked
With CLAWS. and knew him to be an hon.
orable and upright young man. and that
would be entirely responsible for him.
told him CLAWS knew he was doing an
unusual thing in going over the heads OF