The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-15

had not formed an opinion as to the
others"
"Whom did you want to accuse?"
Mr.. BallinGcr and Mr.. bennett"
Mr.. Ballinger being the secretary OF
the Interior Mr.. bennett commissioners
Of the land office. and Mr.. Pierce being
first assistant secretary"
Yes
You say Ballinger and bennett and
Pierce were guilty OF misconduct, but
III had thought the facts warranted
a charge of corruptio l would have gone
TO the grand jury instead OF TO the presi-
dent"
Then you did not believe there were
any, corrupt motives or conduct?"
Not in Safe Hands.
And the most you meant to say to
the president and people was that you
did not think the affairs OF the interior
department were In safe hands?'
Yes. sir
And that was all you did mean?"
"SeS. sir
"Dd you think It was error OF judg-
ment their not protecting the interests
of the people?"
No; the facts showed it was inten-
tIonal."
Perhaps you and 1 don't hold the
same view OF the meaning of corrupt"
Give us your view.
think when man acts corruPtly ne
acts criminally. There are no charges
OF crlminallty here
Mr.. Fertrees carried the witness
through the list Of the names of all the
land office people mentioned in the case
and CLAWS said he exoneratcd every one
OF misconduct except BallinSer. Pierce
ana bennett.
CLAWS said he had always liked
Schwartz. chief OF the field service and
he believes anything Schwartz had done
that was wrong had been due to thought
lessness or had been under orders OF his
SuDpriOrS
tNow as to the wrongdoing OF Mr..
Pierce" began Mr.. Nertrees.
CLAWS interrupted
Exoneration Of Pierce.
'I want to make q correction about Mr..
Pierce. l think he was erroneous in his
construction OF the law and not that he
was guilty of any wllful wrongdong."
"Then YOU make attack on his Official
integrlty?'
And there is nothing else against
Mr.. Pierce?"
mo, SIR"
Mr. Bauinger under accusations of
wrongdoing2"
Yes"
At this point the luncheon recess was
Mr.. Vertrees's examination of the wit
ness was interrupted by Representative
Graham CDemocraO, who declared the
the " middle of his fe answers. @ He IS said
Glavis's speech was so slow as TO
amount almost To defect. Mr.: Yer
trees apologiZed and said he had only
meant TO interrupt the witness when his
answers were going farther than the
questions warranted.
Afternoon Session.
AT the afternoon session 8, N Schwartz
of the land office sat with counsel for
Mr.. Ballinger Mr. Vertrees immedi-
ately began TO question Claws as to his
Of Mr. I)ennptt
''In your original testimony you said
Mr. bennett was crooked, What did you
mean by that?"
Il said l thought from his actions in
Seattle he was crooked corrected
Claws
We'll. what did he do at .seattle?'
II made the statement before the COM
''Well, state It again
The witness repeated his testimony as
to Dennett's visit TO Seattle and the
was writing
Copies Of these letters, which CLAWS
obtained from Dennett's stenographcr al
ready are in evidence. lie said bennett
one Of the coal claimants. and the next
day the two lunched together and they
to be old friends.
CLAWS said he became convinced Den
nett was simply 1.-The tool OF BallInger
and would do anything Ballinger told
him"
Sums Up Charges.
passing temporarily from Commits
us take up Secretary Ballinger. What
constitutes YOUR declaration OF improper
conduct on his partp"
Claws proceeded at some length TO sum
up the testimony which, he declared, con-
yinced him Mr.. Balinger was unfit for
his office and unfaithful to his trust"
He said, The first would cite is the
appearances of Mr.. BallInger In the Will
ihnf
time ago and people may have looked at
things differently his action or participa-
ton in the drawing up, of an escrow
have been proved hp and not have been
proved up as matter Of fact was crimi-
nal But the statue of limitations has
run and the evidence IS not quite clear,
The record speaks for itself.
Another thing was Mr. Ballinger's cx-
presslons in the summer OF 1907 to sup
port Agent Jones when he knew there
his statement that he was coming to
Washington to sec what congress could
do to help the claimants get patents.
Further Evidence.
His next action-one of the most i'm
portant going TO show that he is not loyal
TO his trust and not faithful to the peo-
ple-was this: After giving me the full
right and instructions to make complete
investigation of all the coal cases he per-
sonally took up an old report by Special
ateiy ordered the Cunningham claims to
proceed TO patent.
"The Love report. to my mind, and ]
have acted on thousand or moro re-
ports, did not In itself warrant favor
able recommendation. 1t showed there
had been an understanding among the
claimants and suggested fraud rather
than compliance with the law.
Another evidence that Mr.. Ballinger
was not trying TO protect the peoples
rights was his appearance before the pub
lie lands committee OF the house in favor
OF the Gale bill, which carried out the
statement Ballingcr made to Jones that
he would do what he could to obtain
legislation which would have enabled
these fraudulent claimants to get patents.
II the Gale law. had passed II would have
validated the claims
Unprofessionahsm Charged.
The next step Mr.. Ballinger took was
his unprofessional actlon-at least mem
bers OF tho bar regard Il so, and
know of no attorney Of my acquaintance
who would have done it-In deliberately
going and representing the other side
after having been commissioner of the
land office and having full knowledge OF
the character Of the investigation We had
made. He did not act alone In the Cum
nlngl9m group. but In the Green c,rotIp