The San Francisco call., 1910-03-11

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What is an arid park?' asked SEN
ator Root.
u don't know
Maybe it is the same as the dry
town. suggested Representative Ohm
stead.
MORE ABOUT COAL LANDS
After Attorney Pepper had concluded
his examination Attorney Brandeis in
terrogated the witness further concern
ing the Cunningham coal claims.
Secretary Ballinger. in his reply TO
| President Taft. stated that when he
received CLAWS protest against the
clear listing of the Cunningham claims
he brought the matter TO the attention
Of Secretary Garfield. as Governor
Moore. one of the claimants, already
had asked Garfield that the patents
be held up. and that the secretary
agreed with him.
DO you recall any such conference
with Commissioner Ballinger?" asked
Brandeis.
i do not. may have seen Governor
Moore at some time, but 10 the best OF
nv recollection I had no conference
with Commissioner Ballinger as to the
patents in the Cunningham cases.
Attorney Brandeis introduced in evil
| dence a bundle OF letters which passed
/ between Fred bennett and Ballinger
/ subsequent TO the latter's retirement
I from the land office in March, 1908. The
attorney read an extract from only one,
which tended to show that the Cum
ningham claims were a subject of cor
! respondence between the two while
/ Bailinger was out of Office.
Garfield then told of visit made
TO him by Ballinger at Mentor, O., on
September i. 1908, when Mr.. Ballinger
was in private life.
ACTING FOR CUNNINGHAM
He had wired" said the witness,
that he wanted to see me regarding
some departmental matters When he
arrived Ballinger presented an affidavit
I by Clarence Cunningham, at the same
! time SAYING that lie was on his way
! east and had been asked by some
/ friends in Seattle to leave the affidavit
Il told Ballinger / considered the
cunuin CHAM claims illegal. After read
ing over the affidavit, l remarked that
IL made no difference with the claims
He said that he had been requested
| 70 file il and would leave il for what
ever il was worth. He left with me
the impression that it was casual
matter"
Drandeis read from the affidavit the
statement that the Guggenheims were
not in any way interested in the coal
lands. This affidavit was dated March
6. 1908 The testimony before the SEN
ate committee shows the Guggenhein
| option was taken December I. 1907.
On redirect examination by Attorney
Brandeis Garfeld's attention was agar
called 20 the fact that the Cunningh
| af1davits OF March g. 1908, and Septem-
Der 4 190S-the latter having beer
turned over to Garfield BY Balllnser-
| asserted that the Guggenheim syndi
cate had no interest whatever in the
Cunningham claims, whereas the record
| shows that an option 70 purchase hall
| interest in the claims was given the
Guggenheims December I. 1897. The
witness was asked if he considered
these facts inconsistent
i certainly do" he replied.
Senator Fletcher: When was ths
| first order made clear listing the Gun
! ningham claims?"
Attorney Brandeis: December 26
/ 1907, Immediately after the acceptance
! of the Guggenheim option"
| REPRESENTATIVE James: Mr. Garfield
you say these statements are inconsist-
ent AS a matter of fact, the record
shows that the Cunningham statement
was false, doesn't it?'
Garfield: Il think So.
Garfield was then excused. When ht
had concluded his testimony he took {
seat beside Clifford Pinchot, and Will
arms about each others shoulders they
sat for some time In smiling discussion
of the days events.
A. p Davis, chief engineer of tn,
reclamation service, followed Garfield
on the stand Davis said he preferred
not to testify unless directed TO do Sc
! by the committee. Chairman Nelson
gave the direction and Davis had JUS
begun TO tell of the organization of ths
/ reclamation service when adjournment
was taken until tomorrow morning.
Senate Favors Certificates
WASHINGTON, March 10.-The sen,
ate recently passed the Carter bill, au.
thorizing the issuance of $4,000, ,00t
worth of certificates in Indebtedness il
the west to complete irrigation project.
already begun, preferring this method
of raising the money to a bond issue
The bill has not been acted upon by the
house, but the ways and means com
mittee has it under consideration will
bill introduced by Representative
Mondell of Wyoming. chairman of the
lcor7miffee on uuhliC lands FronosiuC c