Evening journal., 1910-03-10

FOR PINCHOT
Summary Of His Charges
Against Secretary
BalllnGer
FOR LATTER
WILL NOW BE HEARD

BY United Press Leased Special Wire
WASHINGTON. March l0-wlth the
testimony OF former Secretary Of the In
terror Garfield, who was on the stand
again today In the Balnnger- -Pinchot COM
trovesy the prosecution" will have
practically concluded Thus far more than
100 printed pages OF testimony have
been taken. Much OF the evidence has been
clrcumstantial and depending largely upon
inference for its Interpretation. All OF
the oral testimony except that OF secre-
tary Wilson has been on the Plnchot side.
From this testimony Pinohots attorneys
express the belief that they have estab-
lished the following contentious which it
10 disprove.
That Bainnger. both as commissioner Of
the General Land Office and. subsequent
~ as Secretary OF the Interior had more
than formal knowledge" OF the Alaskan
coal land investigation and that while
commissioner he unsuocessfully attempted
10 force these claims to patents.
That as commissioner he directed tho
/ final step for securing the Cunningham
claims--estimated roughly 20 be worth
800. 00o, ,000-notwithstanding that few
days before he had directed CLAWS 10
make a thorough investigation a. 10 their
fraudulency; Furthermore. that while this
step was authorized January 4. 1905. CLAWS
was not notified until two days after.
barely in the nick Of timo to prevent con-
summation Of the patents
That this "clear listing" broke all pre-
cedents in General Land office procedure
inasmuch as some OF the Cunningham
claims had not been even Investigated TO
determine their legality and as the pat
ents were written up IN blank and ready
for signature within two weeks after tho
&C ear listing" order while Il usually takes
!. from three months to three years 20 conn
plete such a transaction. That while a
member OF the National Republican COM
mittoe appointed TO obtain campal gn con.
tributions, Ballinger sought to have Claw.
abate his activities until certain interests
involved IN the Alaska cases should make
their contributions.
That Attorney General wickersham II
presenting his report on the CLAW
charges 10 the President. suppressed ma
teriai evidence.
That Attorney General Wickeraham'
criticisms that CLAWS procrastinated an
, did not prosecute criminaliy some OF tn
Alaskan entrants after the statute OF linn
E itations had begun TO run was uniustln
able because CLAWS made this attemp
, and was refused assistance By the Fedora
: authorities
That when hearings OF the Cunningham
cases came 10 trial, tho land office ap
, pointed TO handle the government's cas-
Special Agent Sheridan an inexperienco,
. and inefficient law school graduate
That when G avis expressed 20 Ballingei
his intention of attempting 20 obtain evi.
dence from certain congressman who were
claimants for Alaskan coal lands. Bal
linger asked him not TO do so.
That just before leaving the commits.
sionership Of the land office. Bailinger ap-
peared before the public lands committee
Of the House In favor OF the Gale Alas
kan coal land bill. which the ''prosecu-
tion" maintains. II passed would have
, validated tho Cunningham claims.
That after having FUN knowledge as
commissioner Of all the Alaskan Goa
cases. Baliinger should not have acted
, subsequently as counsel for Alaskan Goa
claimants. The prosecution" contends
that this action Is I'm violation Of th,
statue which forbids a public Officer
, acting as attorney in any case involvinl
a claim against the United States with
h IN two years after severing connection
with the government. The Ballinger at
, in forcing from Pinchot the admission
/ that practically all OF his evidence wal
not obtained first hand, but was 'serie
I OF inferences. and conclusions" based. a.
the attorneys for the defense" contend OF
hearsay testimony which a court Of Law
would exclude.