The San Francisco call., 1910-03-06
GARFIELD ADDS
TESTIMONY TO
PINCHOT'S
Former Secretary of Interior
Insists on Presidents Power
to Withdraw Lands
DepOsed Forester Concludes
Evidence, Denying Attempt
TO Gust Bailinger

Eer-linchot inquiry today, and James
D. Garfield, former secretary Of the
interior. and another prominent mem
hcr of the Roosevelt tennis cabinet
look THE stand. Garfield had only
fairly started his testimony, however
MHcu Adjournment was taken until
Thursday.
Flnclot's story ended with reitera-
zion OF the statement that he had little
ot no personal knowledge of the things
% which he had called attention dur
ing The four. days he was on the wit
ness stand. ana with general defense
OF the forest service.
PINCH0T EXPLAINS CASE
The former forestor's final day on
tho stand was taken up almost entirely
witl differences and conclusions" He
desired the committee to draw from
the documents that previously had been
introduced IN evidence and from the
statements Of witnesses yet to come.
Ife was examined and cross examined
8 10 these until members of the COM
mlttee, plainly iTritated by the tactics
of counsel in going over the same
ground again and again. pleaded for
chance 10 draw their own conclusions.
About the only interesting point
made by Attorney Nertrees during the
day was his suggestion TO the COM
uitteo that Pinchot had charged Bal
linEer with "willful deception OF the
president for a possible Tnisstatement
made upon Information furnished by
others whereas Pinchot. in defending
himself for having made misstate-
ments 10 the president, likewise on the
information of others had declared he
merely made simple mistakes
GARFIELD TAKES STAND
During the hour and half he was
on the stand, Garfield went into de-
tailed history Of his administration of
the interior department. especially
with respect TO the withdrawal OF
lands containing water power sites.
He declared that there had been no
subterfuge, no dealing in the dark
Garfield insisted that the supervis-
orv power of the executive to withdraw
lands from entry had existed from the
beginning of the government, and was
an inherent right vested IN the pres
ident as. custodian OF public property.
As 10 the charge that the power site
Withdrawals were 100 large, Garfield
said he thought a great mistake had .
been made in not making some Of them
larger.
A long executive session preceded
the resumption of the hearing TINS
morning.
Senator Nelson announced that the
rule relating to the handling of public
documents sent TO the committee mad
been modified 10 the extent of allowing
counsel 10 exhibit the papers to clients
and 10 make copies Of them.
When Pinchot had taken the stand
Nelson, recal ling the dreary session of
Yesterday afternoon. suggested that
counsel avoid going over the same
ground more than once
Pinchot has charged that Ballinger
appeared before committee OF con-
gress in the interest Of fraudulent
claimants. Nertrees sought to show
that his appea rance had TO do only with
tine new coal iand law. the necessity of
4 new law having been urged by Presi-
dent Roosevelt and Secretary Garfield.
WITNESS AND COUNSEL CLASH
Pinchot said that in his testimony
before the congressional committee
Ballinger urged an amendment which
would nave let the Cunningham claims
20 TO potent at $40 an acre, whereas all
future claimants would be assessed
noe less than SO an acre.
IL was shown. however. that the
Cunningham claims were the only ones
taat had gone TO final entry in Alaska.
Asked if congress could legislate
against entries already made in
good faith. Pinchot said that WAS a
question for legal authority.
The witness and counsel soon began
10 clash again in the manner which
delave proceedings yesterday. Yer
trees read 10 the witness a part Of q
message by President Roosevelt
Pinchot listened earnestly and then
snapped back:
DO Won read in the message any in
siuuation that Mr.. Roosevelt favored
the patenting Of claims not made in
good faith?'
Vertrees-"I am insinuating nothing.
Mr. Roosevelt.
Pinchot-'That is not my name"
Wei. didn't Mr.. Roosevelt say just
L
-Of course he did"
Nelson grew impatient and declared
Inc meaning and intent Of MESA ges
and everything else could be deter
mined by the committee. Pepper pro-
tested that Nertrees' cross examination
was made up almost Of argUmcntative
questions which called for argumenta-
tive answers.
.Oh. go on" sighed the chairman,
wearily.
Vertrees defended his course by de-
claring that as Pinchot's charges were
al inferred" he was put TO the neces-
sity OF trying TO follow in the path
way Of his differences"
OBJECTION TO REPETITION
Pinchot would not admit that Balm
ser and Garfield were IN accord in their
recommendations TO congress. so the
examination reverted to the subject of |
Ballinger's statement to the president |
I
patents in the Cunningham cases were
held upon his protest was not justi- |
fed.
Representative Graham protested. /
lie declared that page after page of
The record had been taken up yesterday
with cross examination of the witness |
rs to BsllinEer's language, even down |
TO the commas"
Tertrees said he was trying TO bring
out the fact that PinchOt's charges |
were largely the result of suspicions.l
and the resentment that rises in the |
bosom Of a discharged public servant"
Nertrees said he sought to show
also that Il Ballinger chanced in any
way 10 make a misstatement. based on I
his best judgment and belief. it was
"a deception of the president" where !
as misstatements made to the presi- !
dent by the witness were .'unsimple /
mistakes"
CASE 4 PICTUR RE PUZZLE
Pinchot declared that the number and
compleXity Of the documents submitted
20 the president were such that nobody !
iu his position could have considered