The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-11
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some subordinate. on his own RESPONSE
bility?" asked Senator Nelson.
81 had nothing to do with IT.
You would have approved OF that
action if 1t had been presented to you,
wouldn't you?'
"Yes. 1 most certainly would"
Did you over know the Cunningham
claims had been clear listed?" asked Mr..
Brandeis
That action would not have had your
approval, would IT."
| Most certainly not"
The witness declared the Cunningham
| claims were purely a land office matter
and there was no occasion for Secretary
Ballinger to call them to his attention.
| Brandeis introduced In evidence n bum
die OF letters which passed between Fred
| bennett, commissioners OF the land office
and Mr. Ballinger. subsequent to the lat
ter's retirement from the land office In
March 1908. The attorney read an eX
| tract from only one, which tended to show
that the Cunningham claims were sub
| ject CT correspondence between the while
! Mr.. Ballinger was out OF Office.
| Mr. Garfield then told OF a visit made
to him by, Mr. Ballinger at Mentor, O.,
on September II, 1905, when Mr.. Ballin-
ger was In private life.
"He had wired" said the witness. "that
he wanted to sc me regarding some de-
partmental matters. When he arrived
Mr., Ballnger presented TO me an afnda-
Wit signed by Clarence Cunningham say
| ing he was on his way east and had been
asked by some friends In Seattle TO leave
81 told Mr.. Bauinger considered the
Cunningham claims illegal
Only Casual Matter.
after reading over the affidavit I re-
marked that It made no difference with
the claims. He said he had been re-
Guestesd 70 file it; neyertheess, and would
with me the impression that 1t was
| casual matter"
Did he tell you he was counsel for
"No. except as l have indicated. It
appeared TO be entirely casual He also
took up with me other matters-in the
Attorney Brandeis called attention TO
the fact that the Cunningham affidavit
was jaclteted In binding which bore
the name OF Mr.. Ballingers law firm. He
also called attention to the testimony
recently given before the committee on
territories of tho Senate regarding the
interest OF the Guggenheims IN the Gun
ningham claims.
He asked il Mr.. Ballinger had ever in
dicated TO the witness that the Guggen-
helms were Interested.
No" replied Mr., Garfield
Guggenheims Again.
Mr. Brandeis then read from tho Gun
nngham affidavit the statement that
the Guggenheims were not In any way
interested in the coal lands. This afh-
davite was dated March 6, 1908 The
testimony before the senate committee
shows the Guggenheim option was taken
| December z. 1907.
noon session began Mr.. Vertrecs, attor-
ney for Mr.. Ballnger, took up the cross
examination of the witness.
Mr.. Garfield said he and Mr.. Ballinger
had been friends ever since they were
college mates at Williams in 1882 Mr.
| Ballnger was in the class ahead of him.
"You recommended Mr.. Balllnger for
| appointment AS commissioner of the
| land office. didn't youg" asked Senator
Nelson.
II did"
! he often go to your office and talk mat
| ters over with you. both as secretary OF
| the Interior and as his friend?" asked
YES"
Much of Detail Produced.
The details of Mr.. Ballingers testi
mony before the congressional commit
tees regarding the coal bills that were
pending in 1908 again were gone into at
| 1t appeared that Mr, Ballinger's bill
related to claims technically known as
bad faith" claims made In technical
violation of the law which Mr.. Garfield
| said everybody agreed should be changed
The BallInger bill he said. was to per-
mit the bad faith claimants TO trans
mute their claims and come In under
| the new biIl-in other words coming in
compliance with the law
| Mr.. Garfield said this bill failed, and
| that the law OF 1908. finally passed
| provided only for the consolidation OF
good faith entries.
/ Clashes With Counsel.
| Mr.. Vertrecs questioned the witness
| somewhat fully as to his conception of
the laws under which he made the whole
sale Withdrawals OF lands as water pow
| er sites.
| Mr., Garfield said there was no specific
law for the withdrawal of power sites.
as such, He withdrew them. however,
to prevent their being acquired as agri-
cultural or timber lands, or under any
| other law.
Mr.. Garfield and the attorney had a
number OF clashes during the afternoon.
| The witness was rather sharp in some
obligations of public officer, he said;
"A locomotive or q railroad track can
| either go ahead or stand still. and yet
] be on the track. So a public officer can