New-York tribune., 1910-05-11
ranted when considered in connection Wit
the entire record.
The Cunningham Claims Again.

The Cunningham Claims Again.
Mr. Brandeis sought for the hundredth
time TO show that there had been undue
haste in the Land Office in clear listing
the Cunningham claims. The history OF the
proceedings prior and subsequent 10 the
clear listing was reviewed at great length.
Mr.. Ballinger said he had acted on the re-
port of Special Agent Love and that the
information before him fully warranted his
action. - ,--..
Considerable time was spent on the ques-
ton of whether the Love report was favor
able or unfavorabie, Mr., Brandeis. seeking
to show by collateral statements that Mr..
Love had NOT intended to recommend that
The claims be clear listed" Mr.. Ballinger
replied that Love himself had told the COM
mittee that his report was a favorable one.
1Ir Rrandefs then took the notice sent 10
CLAWS that the claim had been clear list
ed and wanted Mr.. Bailinger to admit that
this was not an invitation TO CLAWS TO ad-
wise the department whether he had any
further information which would lead hlIn
to recommend different action.
Mr.. Ballingnr refused absolutely to assent
to this Interpretation OF the Claws nouce'
He said 1t was the duty of Claws to meet
this notice with any additional facts in his
possession. When CLAWS advised that the
claims should not go to patent he submitted
no facts showing fraud, but patents had
been withheld out of an abundance OF eau
tion.
The examination was then directed to the
circumstances of Mr.. Ballinger's services to
Clarence Cunningham in the preparation or
the affidavit later filed with Mr.. Garf1eld.
The details of this transaction were gone
into fully Mr.. Ballinger insisting that IL
was neither improper nor illegal for MIN
10 accent this employment.
Considerable time was spent by Mr.. Bal
finger in replying to the question in what
land cases he or his firm appeared as conn
sci after his resignation as Commissioner
Of the General Land Office and before his
annointr1ent as Secretary Of the Interior
Mr.. BaIhnger said after he left the Land
Office he had advised many persons who
can,e 10 him for an opinion regarding their
land claims The fact that he had been
commissioner brought 10 his Office persons
IN all walks Of life who wanted the beneht
Of his experience He had given this advice
pratuitously. and had assisted many wor-
t,v claimant purely as a matter Of friend
I'D, Ncither he nor his firm desired to
engage in so-called land office practice. He
-,ia he tried. TO keep away from this class
- r-ork for It was not regarded as desir-
a+la litigation by firm engaged In the
general practice of law
Reading 4 letter written by Mr.. Baiiinger,
as the representative of the Hanford 1rri-
cation Companv. IN which he had used the
word I'VE" Mr.. Brandeis asked what were
his relations with that company.
II have no hesitation in saying" said the
Secretary. THAT ] had 5000 worth Of stock
/ in the company. ] have since disposed of
il"
why didn't y-u state that fact during
YOUR direct examination inquired Mr-
| Brandeis.
Because I didn't think of II. and didn't
think il cut any figure, and don't think 50
now"
| The attorney referred TO Attorney Gen
I eral Wickersham's review of the CLAWS
| charges which had been prepared for the
| President Mr.. Wickersham construed Sec
! lion faa of the Revised Statutes contain
! ing nothing to prevent Mr.. Ballnger from
/ appearing as counsel before the Land Office
! within two years after he had left it, Mr.
/ Brandeis asked the Secretary why he had
| not called to the attention of the Attorney
! General or the President the fact that Sec
retaries Hitchcock and Garfield had both
made rulings 10 the contrary, and that As
sistart Secretary Pierce had ruled that Mr.
Eallineer himself could not practise before
the Land Office I'm another case subsequent
10 MS visit to the department in behalf o
! the Cunningham claimants.
Mr.. Bailtnger replied that he did not con
slider the rulings had any statute 10 bacl
I them up.
The committee adjourned until Thursday