Omaha daily bee., 1910-01-29

get back to Seattle, l want you to let It
be publicly known that you nave started
this Investigation and that 1 want IL to
be thorough. No matter who 1t hurts, you
are to go right after them, whether they
are friends of mine or not"
Did he mention names of his friends p
Yes, he spoke OF H. C. Henry and c. J.
Smith, both of whom were in the Cunning
ham group"
CLAWS said he went back TO work happy
and satisfied there was to be a thorough
Investigation and that he had worried un-
necessarily about a possible scandal.
Cunningham Claims Go Through.
The following witnesses today we're sub
poenaed to appear before the committee at
the request Of the prosecution"
Horace T. Jones, special agent land Of
flee, Portland, Ore; Arthur r. Bowman,
Cheyenne, Wyo.; Andrew Kennedy, Seat
tie, Wash; Henry M. Hoyt, attorney gem
eral OF Porto Rico; P. c. Richardson, Seat
tie, Wash.
CLAWS declared II was December, 10, 1901,
that he had his interview with Commits
sioner Ballinger. On Januaryk7, 1908, less
than a month after he had been directed to
make the Investigation a letter was adj
dressed to him by Mr.. Balllnger. stating
that the Cunningham claims had been
CLEAR listed" from the Investigating divi-
sion for patent.
On January q, 1908, CLAWS sent a tele-
gram and letter protesting against the
clear listing of the claims and they were
withdrawn and sent back to the investigat-
ing division.
Mr.. Brandeis read further from the
49, - l. -. 49, 49, Gt--N arlo H
to clear-list the Cunningham claims was
issued by the mineral division on December
% 1sO7-just thirteen days after the CLAWS
interview with Mr.. Ballinger, The order.
however, was held up by direction OF
Clear List office Held UD.
one order for clear-listing, so far as the
mineral DIVISION was concerned. he'd been
issued December g, 1907. prior to CLAWS
visit to Washington. but this, too. was
held up by Mr.. Schwartz.
In calling attention to certain Of the evil,
dence he wished to Introduce. Mr.. Brandeis
commented rather freely on 1t.
Let me suggest that you avoid argument
on the effect Of evidence" said Senator
Nelson sharply. Just state the evidence
you desire to submit without arguing about
1t. Your argument is not Objectionable, but
1t delays the proceedings"
At the opening of the afternoon session
Attorney Brandeis offered In evidence the
journal of Clarence Cunningham OF Wal
lace. Idaho. the agent in all the Cunning
ham claims, which contained the entry:
Have agreed with Mr.. w. b. Hepburn
in consideration for his services as at
torney to carry him for one claim Of $50
acres in the coal, free of cost to him, and
he agrees to do all our legal work In pro-
curing titles. etc.
In an affidavit made subsequent to the
loss OF his Journal, Cunningham made
public a letter from Senator w. B. Hey
burn of Idaho, in which the senator said:
l do not desire to participate in or be
interested In amy manner, directly or indl-
rectly, in acquiring public lands. Whatever
services / may perform properly within
my duty as a public official for yourself
or any other constituent 1 shall cheerfully
perform, but not for any consideration, d.
rectly or indirectly, I DO not desire any
account with a view TO any present or
future profit to myself.
Cunningham preceded this letter with the
statement:
"As soon as i became aware that coal
lands could not be taken in Alaska under
the mineral laws, Mr.. Hepburn informed
me in person that he could not act under
said agreement"
Agreement to Form Company.
The journal contained under date Of 1909
an agreement among the Cunningham
claimants to form a company, each claim
ant to give Cunningham one-eighth Of his
stock in return for services rendered.
There was also offered in evidence a
letter from Clarence Cunningham dated
at Seattle January Is, 1903. addressed to
- a-s-H - 49, Na -
Alaska, In which were these statements:
Il am glad to know that you sent your
office copies on to Washington. for l am
advised by Governor Moore that he Is
assured by the department chiefs that pat
ents win DO issued you forthwith on ar
rival OF plats unless some reason for with
holding same is advance by Special Field
Agent CLAWS, which is not expected.
"The commissioner has furnished us with
copies OF all the correspondence and tele-
grams relating to our entries between the
various special agents and also with your
office. Up TO date everything seems to be
approved by each special agent and de.
partment chief. go now our only delay
will be occasioned through failure to re.
ceive plats, according to Judge Ballinger's
advice"
CLAWS said he was ordered May Z, 1908
to discontinue the Alasan inquiry and take
up the Oregon cases, where he had recon-.
mended that II something were not don,
at once the statute Of limitations would
soon prove a bar.
Reported to Attorney,
but I also said the Alaskan investiga.
ton should not have been dropped at thai
time" said CLAWS.
Reading from Attorney General Wick.
ersham's report to the president ON tn
CLAWS charges, Attorney Brande,s quotes
this sentence: "He (Giavts) might hav
added, he has never taken any action what
ever to bring those criminal prosecution
which he advised the land office must b
: brought before october, 1908, to escape tn
. bar OF the statute OF limitations"