The San Francisco call., 1910-05-20
LAWLER ADMITS
HAVING GRUDGE
AGAINST CLAWS
Special Agent Once Declared
Lawyer Unfit to Prosecute
Land Cases
Ballinger's Defense Finished and
Hearing May Be Ended
Today

end tOmOrrow-so far, at least, as the
taking of evidence is concerned.
The defense" practically had rested
when the days hearing ended and At
torney Brandeis for the prosecution"
tonight said his side would consume
but little time in the examination of
witnesses in rebuttal Attorney Yer
trees, counsel for the Ballinger de
fense." viii call one or two more wit
nesses tomorrow. but expects their
contributions TO be brief.
SENATOR ROOT DEPARTS
Tt is probable that the departure of
Senator Root. one of the leading re-
publican members of the committee.
who left today for The Hague arbi-
tration tribunal. had great deal to
DO with the decision TO bring the hear
ings 10 a close.
Brandeis concluded his cross exam
ination Of Oscar Lawler, assistant at
torney general for the department of
the interior and author of the now
famous tentative draft for the presi-
dent of a letter dismissing Special
Agent l. r. CLAWS. Commissioner
Fred bennett Of the general land office
also finished his testimony. Z. T. Per
kins, q Chicago officer of the reclama-
tiOn service, was the last witness of
the day
What was regarded by the prose
cution' as an important admission was
obtained from Lawler. Brandeis was
endeavoring TO show that Lawler re-
tained an old grudge against CLAWS
that untitled him for the preparation
Of q judicial finding TO assist the presi-
dent in passing upon the CLAWS
charges. He was questioning Lawler
along that line when the latter uneX-
pectedly volunteered the allegation that
CLAWS had demonstrated himself to
be Untruthful. This, he said, was three
years go, when CLAWS had made COM
plant to the land Office that Lawler
was not competent TO conduct the gov
ernment's prosecution Of certain land
fraud cases in southern California.
CLAWS WAS IN OAKLAND
Lawler was then United States at
torney for the southern district Of Cali
fOrnia. and CLAWS was chief of the field
division at Oakland. Lawler said the
charges We're investigated by the de-
partment of justice and were found
baseless He went to trial with the
cases and obtained convictions.
An attempt by Brandeis to secure the
production Of all papers and documents
relating TO this matter on file at the
land Office. was blocked by the com
mittee as involving a collateral investi-
cation. Brandeis said he desired to
show whether Secretary Ballinger knew
Lswler entertained such a grievance
against CLAWS.
CRITICS WE'RE sHADOwED
In cross examination OF bennett the
fact was brought out that the interior
department had employed two of its
special agents on detective work. in
an effort TO connect forest service Of
fcials with the preparation of the
CLAWS affidavit. and TO trace the mo-
tlves Of other critics of the department.
A conversation +. T. Perkins claimed
to have had in Chicago on October %
last with T. H Newell, director of the
reclamation service, whom, it has been
alleged. Secretary Ballinger intended to
suppiant with r. II. Thompson Of Sc
attic. was the most interesting feature
of Perkins testimony. Perkins de-
tailed it as follows:
You should not try to vindicate Bal
linger i'm the black tent matter"
Newell said. I want to make Bal
linger the goat"
You can't do it," Perkins replied.
He's too big a man."
Lawler was curt in some of his an
swers to Brandeis, but no serious
clashes occurred The lawyer dues-
toned the witness about the nature of
the memorandum which he prepared at
the presidents request "as if he were
president"
Lawler admitted that he considered
the task imposed on him quasi
judicial. in d sense but did not think
the fact that he considered Ballinger
and his immediate associates honest and
CLAWS dishonest disqualified him from
rendering a just opinion.
SERVICE IN CALIFORNIA
Attorney Brandeis began questioning
the witness about his legal connections
before he became assistant attorney
general He asked Lawler about cases
in which he had been engaged in behalf
of west srn railroads when he lived in
Los Angeles.
Il know what you are driving at
retorted the witness. When I was
United States district attorney for the
southern district Of California about
three years ago engaged in the prose-
cutiOns Of persons for land frauds in
the Imperial valley in southern Cali
fornia."
The witness paused.
And the parties were convicted" he
added amid laughter.
AT the inception OF those cases. he
continued, CLAWS, who was then chief
of field division for the Oakland dis
trict. made complaint to the commits
sioner OF the general land Office that I
was not qualified TO conduct those
cases. Claws had made the complaint
on the report of subordinate"
He said an examination had been
made by the department Of justice and
he was permitted to conduct the cases
TO a successful conclusion.
Did you not have some reason then
to be prejudiced against Mr.. Glavis?''
asked Brandeis.
II had no prejudice. knew he was
absolutely untruthful."
Don't you think that opinion dis
qualified YOU TO write a letter as If you
were PRESIDENT
1T was not an opinion, but DEM
onstratiOn"
Were any Of the members of your
law firm in Los Angeles interested in
any way with the Imperial Valley
water cOmpany2'
Never in any way"
This ended the cross examination
and after some further interrogations
by members OF the committee Lawler
was excused.
Attorney Nertrees, counsel for Secre-
tary Ballinger. offered in evidence a
letter which he said would show that
Secretary Garfield had recommended
Srono cra nfler X o1-hv for rrOmOtion inst