The Washington herald., 1910-03-12


his communications to President Taft
was questioned on half dozen occasions
yesterday during the BaIlinger-PinchotI
investigation, and IN each instance A. +.
Davis. chief engineer Of the Reclamation
Service, declared that the Secretary
representations to the President were not
in accordance with the facts.
When the committee adjourned for the
day Clifford Pinehot and his friends went
away with broad smiles and with the as
sertion that they had proved their con-
tention that MIR. Bailinger had deceived
the President
Davis was the only witness who was
examined yesterday. Although, he de-
clared before taking the witness stand
that he preferred not to testify. he
showed no reluctance in giving testimony
which. apparently. did more to bolster
up the case Of the prosecution than any
thing which has been presented to the
committee since CLAWS left the stand.
He was extremely careful. however, to
refrain from questioning Secretary Bal
fingers motives and related only facts
as he knew them.
Society stays Away.
That Louis Claws, Clifford Pinchot, and
James r. Garfield were the magnets
which drew large numbers OF society
women 10 the hearings was demonstrated.
Heretofore standing room has been at
a premium, and committee members who
arrived late were compelled to pick their
way carefully over the daintily shod feet
Of debutantes. It was known that Davis
would occupy the witness stand yester-
day. and for the first time since the near
ings began there were vacant seats
The most important testimony given by
Davis had to do with Secretary Balm
gers letter to President Taft in answer
TO the charges made against nm. IN
that portion Of the letter dealing with
the restoration of lands which had been
withdrawn from entry by Secretary Gar
field Mr.. Baninger told the President that
his position had been based upon the rec
concentration of the Reclamation Service.
Asked TO state the facts in connection
with this statement. Mr.. Davis said that
he had been summoned TO Secretary Bal
fingers apartment on March II, 1903. and
had been informed by Mr.. Ballinger'
among other things. that the Garfield
Withdrawals had been Illegal.
Carried Out Orders.
The Secretary told him. Davis testified.
TO prepare a list showing the Withdraw
ais made by Garfield. With recommen-
dation that the same be restored 10 the
public domain Davis said he regarded
this as a mandatory order, and in obedi-
ence TO it he made the recommendation
quoted by Secretary Ballinger in his let
ter to the President
Questioned by Chairman Nelson, Davis
said that both the Garfield Withdrawals
and the Ballinger reservations were With
in the law. and that question of policy,
rather than of law. was involved.
The accuracy Of Secretary Ballinger on
this subject was questioned when George
Warton Pepper, counsel for Pinchot, in
troduced a letter written by the Secre-
tary Of the Interior 20 Thomas E. Wills.
of Washington. D. c.. regarding the
restoration Of lands which had been with
drawn by Secretary Garfield.
In this letter Secretary Ballinger stated
that the Withdrawals were originally
made upon the report Of the acting di-
rector Of the Reclamation Service (Mr.
Davis). and added: The restoration was
likewise made upon the report Of the act
ing director. on the ground that recent
investigations showed that said with
drawaIs no longer appeared necessary to
the interests Of the United States"
Had there been recent investigations,
as stated by Secretary Ballinger." asked
Mr. Pepper
mo, sir" replied Mr.. Davis.
Were the withdrawals necessary at
the time the restoration was made?"
They were as necessary as they ever
had been. In my judgment they were
necessary"
Davis said Mr.. Ballinger showed him
the Wills letter before it was mailed, but
he refrained from commenting on the in
accuracies which he knew it contained.
because he knew Mr.. Ballinger was deeply
prejudiced against the Reclamation Serv-
ice. and he did not wish to antagonize
him.
BaIIinser Directed.
"As a matter OF fact" observed Senator
Fletcher, the only recommendations for
restorations by the Reclamation Service
were those recommendations which were
directed by Secretary Ballinger."
THAT is correct" said Mr.. Davis.