Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-01-27

the attorneys 1Or tne CluliIldiieSs "hS'N
| by the name OF Mr.. Ballinger was not
to appear. Tho witness said the rec
| ords would bear him out.
The counsel for the government con-
sisted of P c. Sullivan and Henry NJ
! Hoyt The proceedings against the VIII
son claimants are still pending. Glavis
| claimed Ballingcr's participation
amounted To n conspiracy in a fraudu-
! lent claim against the governments,
what. II anything. do you claim
| to have seen amlss In the admlnistra-
tion of the public lands?" asked the
| senator.
CLAWS said he could not answer the
| question briefly.
GO ahead and tell II all in your own
way" directed Senator Nelson,
CLAWS NERVOUS.
CLAWS was a trIne nervous as ne be-
| gan. He talks with quite n lisp He
| commenced by going back to the time
when he began work as a field agent of
| the land Office on the Wilson Coal COM
! pany cases In Lewis county. Washing
! ton. In 1901 and 1902. Mr Ballinger.
| lie said. was attorney for the Wilson
| Coal company.
CLAWS said he referred to those cases
as leading up to the Alaska claims.
| which formed the principal subject OF
| the Inquiry,
Senator Nelson frequently interrupt
| ed the narrative to bring out more
| clearly some of the points.
CLAWS declared that Ballinger's name
| did not appear in the court records OF
| the Washington coal claims. and that
he did not appear in court at any time.
| The witness said Mr.. Ballingcr, how
ever. drew up an escrow agreement,
and prepared the deeds for the claim
ants in the Wilson cases
Balllnger had no government connec-
ton at the time of this
CLAWS next turned to the Alaska coal
fields and described in detail the Local
tion and extent of the Cunningham
claims.
After CLAWS had proceeded for half
an hour or more. going into the details
of the Cunningham claims. Representa-
tive DENLY of Michigan interrupted
him.
Representative James of Kentucky
Dem) said he thought the witness
should be allowed to proceed in his
own way.
Representative Graham of Illinois
Oem) suggested that Glavis'S coun-
sci should make the statement. This
course finally was decided upon. and
Atty Brandeis arose to address the
committee.
He said Glavis's attention first was
called ITO the frauduleynt coal land
claims when he was in Seattle as chief
OF field division in 1907-Ballinger at
that time was commissioner of the
land office. CLAWS heard that num-
ber of prominent people In Seattle were
interested in the fraudulent claims IN
Alaska He met Special Agent Jones
of the land office. who was on his way
to Alaska to investigate the Alaska
claims.
When Jones. after n preliminary in
veStigation, returned to Seattle In
August, 1907. he was directed to re-
port at once to Commissioner Ballin-
ger who was in Seattle at the time
PROSECUTIONS CLAIM
I've claim said Mr. Brnndeis.
Commissioner Balllngcr thereupon
modified the orders which had been
given to Jones by Asst. Commissioner
bennett to make a full and thorough
investigation to making only a part
investigation, taking only one or two
afIldavits In each group. instead OF
fully covering the matter
Mr.. Ballinger also stated that IL
patents could not be granted on the
lands as matters stood, relief would be
requested of Congress. Jones had been
sent to Alaska because Special Agent
Love of the department who had
jurisdiction, lived In Alaska, and was
more or less closely Identified with his
claimants. Love- however. aided Jones
in his work.
There were repeated conferences In
Seattle between Jones and Ballnger,
and various directions were given by
Ballinger. both to Jones and Love.
There was a full discussion as to the
rights. legality and fraud of the Alas
| ka claims"
Mr. Rra ndeia fhep 1yapf mora brIaR,,
| into the CLAWS charges against Bal
| linger as presented to President Taft
| and acted upon by him. He said recon-
mendatlons by CLAWS and Jones in the
Alaska case were not acted on by
Commissioner Ballinger. CLAWS sought
an affidavit from a man named Davis
Davis said he had talked the matter
over with Ballinger. and had been told
| not to make an statement
| After this CLAWS came to Washing
ton and urged on the land office
the danger of scandal In tho Alaska
cases He then was directed to pro-
ceed with a full investigation. Soon
after he left Washington. howaver
Ex-Governor Miles C, Moore came here
to see Rallinger-to see II the claims
could not be hurried to patent
| Senator Nelson charged the attor-
ney with Withholding the fact that
Moore was referred to the assistant
| ottIcldIJ III lnC lnltT1OT.
| Mr.. Brandcis said Senator Nelson
| was mistaken and was thinking OF
Ballingor's action In May. 1909, as sec
retary OF the interior. while he was
| speaking of Ballinger's action as COM
missioner of the land Office In 1907
! Il am stating what is distinctly
fact and about which there can be no
question:" said Mr.. Brandeis.
| I'm January 1905" he continued,
"Glavis heard that Ballinger had or
| dered the Cunningham claims to clear
| listing for patent He at once tele-
9raphed asking that this action be sus-
| pended and camo on TO Washington
He said he had just obtained possess
sion OF the Cunningham journal. which
bore conclusive evidence of fraud.
He met Ex-Governor Moore and
Clarence Cunningham hero and was
| told by Moore that. but for his (GlayisD
action the land would havo gone to
| patent.
CLAWS also discovered that, con-
trary to all practise, Cunningham and
other claimants had received informa-
ton as to what field agents of the de-
| partment were doing. CUNNINGHAM
said he had copies OF all the papers
on flle and there was nothing In that
to prevent the lands going to patent. f"
| Mr.. Brandeis claimed that when
| CLAWS finally was directed to mako a
full and thorough examination he was
| given only two months. and said it
would be impossible to have prepared
tho governments case against the
| claimants in that time.
The attorney again was interrupted