Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-02-20
BIl)T MAY NOT Be GUILTY
OF ABANDONING
7 INDIAN WAREHOUSE DIS
cUssED IN HOUSE.
Claimed Proposed New Plan Would
Lead to Extensive Frauds - i've
Houses Maintained at Present Time
NO Qurom Present and Vote Was
Passed.
(By Associated Press.)


the prosecution in the Ballinger-
Pinchot inquiry has specifically been
closed. When the committee adjourn
ed this afternoon until Friday next,
Mr.. Brandeis stated there was some
corroborative evidence yet to be pro-
duced and that Clifford Pinchot prob
ably would want to make statement
before he could announce that his
case was ended. Mr.. Pinchot was to
have taken the stand this afternoon,
but he could not be found during the
luncheon recess.
The days proceedings began with
the unexpected announcement that the
cross examination Of Louis r. CLAWS
was ended. FIenry M. Hoyt, attorney
general tor Porto Rico, was called to
the stand to corrdborate that PARTON
OF Claws testimony in which he told
Of seeking the advice of 'Hoyt IN
Washington in May, 1909, after first
assistant Secretary of the Interior
Pierce had rendered an opinion,
which CLAWS thought would permit
the Cunningham claims in Alaska to
60 to patent. Hoyt told Of how deep
" worried CLAWS seemed to be at
this time and said that before going
to Attorney General Wickersham he
and CLAWS had discussed the advis-
ability of taking the matter up d.
rectly with the president.
Mr.. Hoyt also testified to the good
11,- 1c o1yic hoa
known him for number of years ard
had told the attorney general that
CLAWS fas an honorable upright young
man.
The other phase of the case to
which Mr.. Hoyt directed his testi-
mony had to DO with the Wilson coal
land cases in which he acted as spec
ial attorney. CLAWS testified that he
had heard that the name of r. "A.
Ballinger, as attorney for some Of the
Wilson claimants. had been left out Of
the court record by stipulation OF
counsel Mr.. 'Hoyt said it was at his
personal suggestion and without the
knowledge of Mr.. Ballinger that the
stipulation had been entered into. As
a matter of fact, however, Mr.. Bal
linger's name did appear fifteen
or twenty times in the testimony CIV
en-. Mr.. Hoyt said search had been
made for alleged escrow agreement
which Ballinger is said by CLAWS to
have drawn up and which, according
to CLAWS, constituted criminal act,
but that it could not be found and
the only evidence as to its existence
was an informal statement 10y one OF
the witnesses who. at the trial, denied
: the existence Of such an agreement.
The remainder of the day was TAX
en- up with the Introduction Of docu,
mentary evidence by Mr.. Brandeis,
who read such extracts as he consid-
cred of peculiar interest to the COM
mittee. These consisted largely Of
references in the agents reports to
conversations or interviews with Mr..
Ballinger as commissioner of the land
Office, on the subject of the A1asga
coal claims. This was done, the at
torney said, to show that Ballinger
had been actively interested in these
cases before he left the land Office and
acted as attorney for some of the
claimants. He also read from a
statement by H. H. Schwartz, cIief
of the field service, that it was at Mr..
Ballinger's direction in January, 1908.
that the Cunningham claims were or
dered to be clear listed for patent.
This order was withdrawn after Gla-
Wis had been notified and had pro-
tested. Mr.. Brandeis accomuaniei
the introduction OF the documents
with sort Of summing um statement
In which he said it was claimed Bal
linger had acted on a favorable re-
port by S3ecial Agent Love- He then
read q letter from Love to Commis.
sioner bennett of the general land
Office, in which Love denied that his
report of August 2, 1907, favored the
clear listing of the claims. This re-
port, he said, suggested the advisa-
bility of further Investigation. al
though previously he had recommend
ed clear listing.
:. kENMARE NEWS BURNED.
Kenmare, N. D., Feb. 19.-The Ken
mare News was totally destroyed by
fire early. this morning. The plant
was owned by Vic Corbett. The loss
estimated at $500, with partial in