Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-10
QUERY IS EXCLUDED HYDE KEEPS NERVE
Bannqer Not Allowed to Tell Glad to Testify SWope Case,
About Piles Election. He Declares.
BRANDES DIGS UP STORY DENIES HE GAVE POISON
Senator to Administered
Cunningham Claimant. for Medicinal Purposes
ROOT TO AID OF WITNESS CYANIDE KILL VERNIIN
Typhoid
Specific of in His for
Ba|linger Not Allowed to Tell
About Piles Election.
BRANDE!S DIGS UP STORY
Senator Gave Credit for Success to
Cunningham Claimant.
ROOT TO AID OF WITNESS
Objects to Persistence of Demand for
Specific Definition of "Clear
Listing" Claims.

Secretary Ballinger continued under
cross-exasnination by Attorney Brandeis.
counsel for l., r. CLAWS and others,
when the Ballinger-Pinchot investigation
was resumed today.
The congressional committee viii meet
on four days this week, in the hope that
the attorneys will conclude their ques-
tioning of the Secretary of the Interior
by that time. Commissioner bennett of
the general land office and Chief of Field
Division Schwartz will be the next wit
nesses to take the stand for the defense.
Brandeis Asks About Memoranda.
Attorney Brandeis had requested the
committee to call upon President Taft
and, through him, upon Oscar Lawler,
assistant attorney general for the 1nte-
rior Department, for the memorandum
which Lawler took to Beverly from
Washington last September. and upon
which the Presidents letter generating
Balhnger and dismissing CLAWS was sup
posedly based.
Mr. Brandeis, at the opening of the
hearing today asked what disposition
had been made of his request. Chair
man Nelson replied that it had not
been acted on, owing to the limited
membership present when executive
sessions were held.
MIR. Brandeis strongly intimated dur
ing his crOSs-eXaminatiOn of MIR. Bal
linger last Friday that the President
had not carefully weighed the CLAWS
charges himself. but had taken action
upon a memorandum prepared for him
by Mr.. Lawler
Piles Election Brought UP.
spirited controversy among men,
bers of the committee was precipitated
when Mr.. Brandeis asked Secretary
Ballinger if he hadn't heard it stated
IN most public manner by Samuel H
Piles that Charles Sweeney, one of the
Cunningham claimants and president OF
the Federal Smelling Company. sub
sidiary company of the Guggenhelm
syndicate, had been instrumental in
Piles election as United States senator
Senator Sutherland objected to MIR.
Brandeis' dragging a Senator into this
investigation. He said the committee had
not been authorized to investigate SEN
ator, and he protested against bringing
Mr.. Piles into the inquiry.
Mr.. Brandeis explained that he had no
desire to reflect on Mr.. Piles other than
TO show that he had been the instrument
the hands zsSfse4sS cpowerful interests
of the northwest to bring about the Sc
lection of man for commissioner of the
land Office who held different views on
Alaskan matters from Secretary Garfield.
Ballinger Not Allowed to Answer.
Chairman Nelson put the question to a
vote and by party vote of ? to the
committee decided that Secretary Bal
linger should not be allowed to answer
the question.
Mr.. Ballinger had previously admitted
that. as a matter of common rumOr in
Seattle, he had heard that Sweeney had
taken an active part in Piles election.
Mr.. BraneiS read transcript of an
article published in Seattle newspaper
in January. 1905, just after Piles elec-
tion as senator 1t told of a celebration
held at Seattle hotel and later at a So
ciai club. in which Mr.. Ballinger. then
mayor; c. ]. Smith, Z. E. Todd. United
States district attorney at Seattle: II.
c. Heney and c. j. Smith. two of the
Cunningham claimants. participated.
Mr. Piles was quoted as saying in a
speech on that occasion:
Il owe my election to Charles
Sweeney. He made me senator"
District Attorney Todd was quoted as
saying:
Were all Sweeney men now
Ballinger Would Not Recollect.
Mr.. Ballinger said he had some recol-
lection of the celebration, but that he
had attended simply in his capacity as
mayor. and did not recall and did not
intend to attempt to recall what was said
On that occasion.
My appointment as comm ssioner was
accepted under protest. said Mr.. Bal
Hnger. 1T was declined by me when Mr..
Piles wired me urging me to accept
Il accepted only on the urgent request
oi President Roosevelt and Secretary
Garfield. and then only after full con-
Sideration of what L conceived a public
duty.
Root Objects to Persistence.
Mr. Brandeis questioned the Secretary
at great length regarding the clear list
ing of the Cunningham Alaskan. coal
claims He asked him whether he thought
clear listing was, in effect. declaration
that the necessary examination foT
claims had been made and there was nc
reason why they should not be patented
Mr. Ballinger did not answer specifically
as requested by Mr. Brandeis, but reit-
Grated his former statement that if he
had the same thing to do again he would
clear list the Cunningham claims On
the record he had before him.
Mr. Brandeis had the question read to
the witness three times i'm an effort TO OBJ
tain a specific answer. Senator Root pro-
tested against his persistence as per
frivolous waste of time