Los Angeles herald., 1910-01-29


missioner Ballinger On january 4,
1908, less than a month after he had
been directed to make the investiga-
tion letter was addressed to him by
Mr., Ballinger stating that the Gun
ningham claims had been clear listed
from the investigating division for
patent
on January %, 1905 CLAWS sent a
telegram and letter protesting against
the clear listing of the claims ana
they were withdrawn and sent back
to the investigating division
At the opening of the afternoon ses-
sion Attorney Brandeis offered in evil
dence the journal OF Clarence Cunning
ham of Wallace. Idaho. agent in all
the Cunningham claims, which con-
tanned the entry:
Have agreed with Mr.. w. B. Hey
burn, in consideration for his services
as attorney, to carry for him one claim
of 100 acres in the coal. free of cost to
him, and he agrees to do all our legal
work in procuring titles, etc
Letter from Hepburn
In an affidavit made subsequent to
the loss of his journal, Cunningham
made public a letter from Senator w.
3. Hepburn of Idaho, in which the
senator said;
L do not desire to participate in or
be interested in any manner, directly
or indirectly, in acquiring public
lands. Whatever services may per-
form properly within my duty as a
public official for yourself or any other
constituent l shall cheerfully perform,
but not for any consideration, directly
or indirectly. 1 do not desire any in
terest TO be carried for me or my ac-
count with a view to any present or
future profit to myself"
Cunningham preceded this letter with
the statement:
LAS soon as 1 became aware that
coal lands could not be taken in Alas
ka under the mineral laws, Mr.. Hey
burn informed be in person that he
could not act under said agreement
The Journal contained, under date
Of 1908, an agreement among the Cum
ningham claimants to form a company,
each claimant to give Cunningham
one-eighth of his stock in return for
services rendered.
CLAWS told further of his inVestiga-
tion into the alleged fraud of the
| Cunningham group and said when he
first approached Cunningham he de-
| clared he had heard complaint had
| been made that he represented the
| Cunninghams. He denied this and to
carry out the denial submitted the
| journal to CLAWS, who held it as evil
dence against Cunningham.
About this time, CLAWS said he met
| former Governor Miles c. Moore, one
of the Cunningham claimants, and that
Moore told him he had seen all the
papers in the land office; that there
| was nothing to prevent the issuance
| of patents and that if 1t had not been
for CLAWS report, the land would al
ready have gone to patent.
Reports Confidential
The witness said it had always been
understood that reports to the land
Office by the special agents were con-
fdential and he believed there was a
rule to that effect.
There was then offered in evidence
letter from Clarence Cunningham
dated at Seattle, January 10, 1905 ad-
dressed to the register of the land Of
flee, Juneau, Alaska, in which were
these statements:
81 am glad to know you sent your
office copies on to Washington, for
am advised by Governor Moore he is
assured by the department chiefs that
patents will be issued you on arrival
of plats unless some season for with
holding same is advanced by Special
Field Agent CLAWS, which is not ex-
pected.
with copies of all the correspondence
and kilograms relating to our entries
between the various special agents and
also with your office. Up to date
everything seems to be approved by
each special agent and department
chief So now, our only delay will be
occasioned through failure to receive
plats, according to Judge Ballinger's s
advice"
axric - fVaf1 tam I,io.
| had with Mr.. Ballinger in Seattle in
the middle of March, 1908, two weeks
or so after Mr. Ballinger had resigned
as commissioner. A letter was intro
duced showing that prior to April l.,
| 1908, Mr.. Ballinger had requested in
| formation regarding some of the land
| claims from Fred bennett, his sue
| cessor.
BaIIinger Bothered
CLAWS said he knew Judge Ballinger
! would be bothered by lot of people in
! Seattle as soon as he returned there af-
! ter leaving the government service, and
he wanted to lay his side of the case
before him first.
But he was not a government official
| them" suggested Claws counsel
but 1 regarded him as SUCH" replied
CLAWS.
"Mr. Ballinger told me-" the witness
continued, "there had been a lot of
undertaking and that I ought to be
careful before making specific charges
against anyone. AT a subsequent inter-
view with Mr.. Ballinger L told him
| Cunningham was accusing me of hav-
| ing stolen his journal He told me not
/ to worry, that Cunningham evidently
| was spreading this story to square him.
! self with his principals for doing such
! a silly thing as to give the journal
| to me-"
AS to the Guggenheims interest in
! the Cunningham claims, Attorney
/ Brandeis read a letter from Field Chief
/ Schwartz, dated September 23, 19OS,
/ which said among other things:
/ while Cunningham is strenuous in
/ his affidavits that they are not a part
i of or bonded to the Cunninghams, it is
! a little peculiar that their memorandum
i book of expenses incurred should pro-
| ceed along from day to day with great
/ detail from the inception of the claim
/ in 1902 until December 1907, and then
/ close with:
1.-The above sum was received from
/ Daniel Guggenheim in full for expense
! incurred on account of the examination
of coal lands on his account-check re-
! ceived $1359 co.
CLAWS told Of another interview with
| BaIlinger in Portland, Ore, in October,
1903, during the course Of which, the
witness said, Mr.. Ballinger remarked
that the Cunningham claimants were in
a bad fix, and asked If he (Glavis) knew
of any way they could get title to the
land
Told Them the Way
u told him." the witness continued
that if the claimants would relinquish
,Ia vii nd