The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-01-29


up
be careful before making specific
charges against any one. At a sub
sequent interview with Mr.. Ballinger
told i'm that Cunningham was ac
cuslng me of having stolen the lat
ter's journal. Judge Ballinger told me
not to worry, that Cunningham evil
IDENTIFY was spreading this story to
square himself with the principals for
doing such silly thing as to give the
journal to me-"
As to the Guggenheims' interest In
the Cunningham claims. Attorney
Brandeis read letter from Field
Chief Schwartz dated September %,
1908, which said, among other things:
Statement In Letter.
while Cunningham is strenuous in
his affidavits that they are not part
of or bonded to the Guggenheims. 1t
book of expenses incurred should pro-
coed along from day to day with great
detail from the inception of the claims
in 1902 until December. 1907, and then
close with:
1.-The above sum was received from
Daniel Guggenheim in full for ex-
pense incurred on account of the ex-
animation of coal lands on his &C
count-check received. s1359.6C.'
CLAWS, proceeding, told of another
interview with Mr. Ballinger In Port
land, Ore, in October. 1908, during the
course of which the witness said MI.
Ballinger remarked that the Cunning
ham claimants were in bad fix, ana
asked II he (Glavis) knew of any way
they could get title to the land.
II told him." the witness continued,
that il the claimants would reiinquish
their claims, their wives and friends
might file on the land, provided they did
so without agreement and could go TO
patent without trouble.
Mr. Ballinger said he thought this ar
rangement would leave the cases In the
same Ak
Representative DENLY inquired: wasn't
your suggestion rather looking to an
evasion of the law than compliance
with IT."
sWell'' said CLAWS, 'the Cunning
ham claims were always considered the
strongest"
what do you mean by the strongest?'
influential Claimants.
IndI tho Cidluldbto WChc eio iioss -
fiuential and more apt to have their
claims approved, and I thought II we
could get them to relinquish their claims
ali the other 800 or 300 in Alaska might
follow suit. That was my object
Mr.. Mccall: wouldn't it have been
impossible for the wives and friends OF
these claimants to have Med upon re-
linouished claims without previous agree
ment?"
'.That was Mr.. Ballinger's- objection to
CLAWS said that Mr.. Ballinger spoke
of the difficulty he was having In obtain
ing campaign contributions.
The said" declared the witness, that
H. C. Heney and c. ]. Smith, two OF
the Cunningham claimants had usually
mad because they hadn't got patents to
their lands and would not give any
thing
II told Mr.. Ballinger I was under
orders to investigate the claims held by
these men. He said he wished l would
not act on them until after the election.
/ told hin, l would not. and did not.
/ WAS in the midst of big conspiracy
case in Oregon and could not have given
anv attention to the other subject If I
ha6 wanted to. Then 1t was a favor to
Mr.. Ballinger, as WE'LL
CLAWS said he next saw Judge Bal
liraer in Seattle in February, 1903, after
IL had been announced that Mr.. Balm
ger had been selected as Secretary of the
Interior in President Taft's cabinet. They
discussed the coal cases and Mr.. Balm
ger said he thought that where there
fad been only a technical violation of
the law the patents ought to be issued.
CLAWS said he agreed with him.
orders to CLAWS.
Claws said he was ordered May 2. 1903,
to discontinue the Alaskan inquiry and
take yp the Oregon GASES, whore he had
said that II something were not done at
once the statute of limitations would soon
prove bar.
.'But l also said the Alaskan investi-
CATION should not be dropped at that
time" added CLAWS.
Reading from Attorney General Wicker
sham's report to the President on the
CLAWS charges, Attorney Brandeis quoted
this sentence:
HE (Glavis) might have added he has
never taken any action whatever 10
bring those criminal prosecutions which
he advised the land office must be
brought before October 1905 to escape
the bar of the statute of limitation"
SIS that true?' demanded Mr.. Bran
deis OF the witness.
ssIt il not" answered Claws. I'm May
or April took the Alaska cases UP
with United States Attorney Todd at
Seattle. He afterwards wrote to me say
ing he had laid the matter before the
department Of justice as there was some
doubt in his mind whether he should
lay the caaas hefnre the Rrand Jury ID