Omaha daily bee., 1910-04-16
First Assistant to Seoretc1y Ballinger
Resumes Testimony in Famous
Investigation.
COURT OF THE LAST RESORT
He is Asked Whether He Had Final
Say on Various Patents.
SHOULD ALTER PROSECUTION
Witness Says Land Frauds Belong to
Departures of Justice.
ANOTHER CHARGE BY BRANDEIs
Interior Department Accused of With
holding Papers - Pierce says
Cunningham Claimants
Maintained Lobby.
ANOTHER CHARGE BY BRANDED


who began his service under Secretary
Garfield, and was continued In office by
Secretary Ballinger, was the witness before
the Balinger- Pinchot committee OF Inquiry
when its sessions were resumed today.
Mr. Pierce took the stand late last Sat
urday afternoon, and, after detailing at
some length the multtudinous duties Of the
secretary Of the interior, he declared that
Mr. Ballinger soon after taking office
turned over to him everything in conneo-
ton with the Cunningham coal claims.
Just as adjournment was taken last Sat
urday, Mr.. Pierce testified that Mr.. Ball
niger had not at any time attempted to
interfere with his direction OF the case
or to influence his action.
Another Charge by Brandeis.
Before Mr.. Pierce resumed the stand.
Attorney Brandeis made a lengthy state
ment to the committee in which he charged
the Interior department had failed to fur
nish certain correspondence called for by
him in a letter TO the committee dated
January q. Mr.. Brandeis said the cor
respondence desired related to the state
ment OF Attorney General Wickersham that
CLAWS had been guilty Of "habitual pro-
crastination," in failing to institute suits
! against ClHlTndnlh VI Aidbhhh ldhub. ne
said he expected to show by his corre-
spondence that CLAWS had not been neg
ligent in this matter.
Chairman Nelson told Mr.. Brandeis to
write letter enumerating the papers. ana
he would see that they were forthcoming
frcm the department. Mr. Brandes said
all he could do would be to repeat his re
quest OF January 81 Attorney Vertrees said
he resented the imputation OF opposing
counsel that papers had been withheld by
the department That Is not true; there
is not word OF truth in it," said Mr..
Vertrees.
The committee then adopted a motion
that the department be asked to produce
the correspondence demanded by Mr.. Braii-
deis and Mr.. Pierce resumed his testi-
fnony.
Claimants Maintain Lobby.
Mr. Pierce denied that he had told ex.
Governor Moore one OF the Cunningham
claimants, that he could have his patents
without an examination under the new law
OF May 2S, 1903 He said Land Commls-
soner bennett had construed the law diff
ferently and had told Moore he could have
his patents without a hearing.
During the winter OF 1907. Mr. Pierce said,
the Cunningham claimants had maintained
! u SlTOHb slODby III w dailibAOu anu hdN
exerted powerful influence on Secretary
| Garfield and congress TO secure the patents.
, Mr. Pierce said he stipu;ated with John
p Gray, one OF the counsel for the Cum
ningham claimants, that the cases shoul(
not be heard before the Juneau register and
! receiver who ordinarily would have had
, jurisdiction, because the receivers son was
one of the claimants and because he real
, lied that the same influence would be ex-
erted with these officers as was apparent
, In Washington. He thought these in
nuences might warp their Judgment.
Court of Last Resort.
The committee questioned Mr.. Picrce
along lines regarding the Cunningham
> claims and as to whether he would be- In
effect, the court of last resort In deciding
: whether the claimants were entitled to
, their patents. The witness replied that
t neither the claimants nor the government
would have an appeal from his decision.
How do you reconcile your judicial
function with that of prosecutor inquired
Senator Root.
THAT is a question which has bothered
me a great deal" replied Mr.. Pierce.
He expressed the opinion that the prose.
t cution Of land cases should rest with the
Department of Justice. He explained, how
ever, that when officials Of the general
#, land office appeared before him In the role
Of prosecutors he considered them as such
and did not allow the fact that they were
government officers to influence his de-
cision.
Representatives Graham and James both
sought to obtain an admission from the
witness that his decision In any case would
? be subject to review by the secretary Mr..
Pierce said he supposed the secretar,
would have a legal right to do so, but he
could not recall any case where the seere-
tary had reversed a decision of one of his
assistants
Exhaustive Review OF Case.
Il want to say right here" exclaimed
Mr.. Pierce, that no decision will be an.
nounoed in these Cunningham claims until
every one OF the twenty-five lawyers In my
E department have made an exhaustive ex.
! animation Of the record. When this Is
. dcne, | shall send the record TO the De
partment Of Justice and ask for similar
! careful attention at the hands Of the large
, force Of lawyers there"
"Is this extraordinary care which yot
! propose to give TO these cases due 10 IN,
magnitude of the claims or TO the publicity
which they have attracted?" asked GIr.
James.
J Both" retorted the witness.
The luncheon recess then was taken.
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