The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1910-02-16
CLAWS CLASHES
WITH ATTORNEY
FOR BALLINGFR
Sharp Tits and SkiIIfuI Parry.
ing Features Congressional
investigation
Witness Fences ShrewdIy With
Lawyers and Proves a
Match for All.


livened today by clashes between John
J. Nertrees. counsel for Ballinger, and
Louis r. Claws, the dismissed field
agent who was again on the witness
stand
CLAWS fences with the attorneys
skiilfully ana apparently is a match for
all Of them. He parties their questions,
and when directed TO answer Yes" or
No he always stands upon the right
that has been accorded him. to follow
this up with an explanation which may
run on for i've minutes or more and in
the course OF which he usually takes
advantage of the opportunity 10 say
mat ne was thus convinced that Bal
niger is unfit for the Office he holds.
IS unfaithful 10 his trust and not loyal
10 the interests OF the people"
Nertrees questioned CLAWS about the
uemorandun he assisted in preparing.
on which Assistant Secretary Pierce
rendered q construction of the new
coal land law Of May. 1905. Claws
testified yesterday that this opinion, 10
his mind. showed Pierce TO be unfit for
his office.
NERTREES' CONTENTION
Nertrees sought TO show the Gun
bingham claimants, having decided TO
stand for patents under the old law,
Were specifically excluded from consid-
Grafton in the Pierce opinion. The at
t0rney also sought 10 show that At
tornev General Wickersham did not
override Pierce. but substantially sus-
tanned him ia every essential particu-
lar
All Claws would admit in this CON
u-crion was that he certainly did not
intend TO exclude the Cunningham
claims from consideration. and that
while Attorney General Wickersham
may have construed the law as Pierce
did. -le witness did not think So
"Blt you condemn Pierce on your
instruction of The law?'
Eyes. sir
Tie morning session had not pro-
eeeded far when Nertrees and the wit
ness had another clash. The attorney
wanted direct answers; CLAWS wanted
ro explain every answer by referring
ro reports. etc. Nertrees arose with
"Tf your honor please" then he cor
rected himself by saying.
SIR. era irulan-
TIE committee ruled 10 let CLAWS
give as many and as long explanations
Ie desired
II .iou-t think they are relevant, said
Chairman Nelson. but go on"
Eertrees then took up the witness
accuse lions OF misconduct against Fred
bennett commissioner Of the land Of
Gee CLAWS had declared that after
hearing H. r Hartman. one Of the
claimants. make certain admissions
relative 10 his claim bennett answered
10, egram from CLAWS saving none Of
-ra claimants had made admissions.
ONLY ONE ADMISSION
Eertrees brought out that CLAWS
Telegram had been sent more than a
year after the Hartman admission and
chat the witness knew Of no other
admissions among the 500 claimants
yet YOU condemn bennett as an
improper official from this?"
Not from that alone" replied the
witness.
CLAWS admitted that an affidavit he
made June %. 1903. as TO certain state
iaents which a claimant named Nc
Donald had said he had made TO Den
nett may have been too broad If It
was. the witness said, he was anxious
10 correct it.
what else did bennett do?" asked
Nertrees-
Wei. he wrote those funny letters
from Seattle and Portland"
How did you get copies Of those
letters2"
special Agent Spalding acted as
Dement'S stenographer and told me
about the letters, and ! asked him TO
furnish me with copies"
You ordered him TO do so, didn't
you2"
II was his superior officer"
He refused. and you ordered him?"
He hesitated- He said the letters
were private But they were mailed
under frank and 1 thought that made
them official"
You used that argument 10 SpsId-
ing. didn't you2"
u don't know that I did"
GOES INTO DETAILS
Vertrees went into the letters in
more detail They were written by
bennett to II. H Schwartz. chief OF the
held service. and have heretofore been
iutrod uced in evidence
Vertrees sought to show by letters
and kilograms in the record that Claws
charges that his requests for delay
in hea airing the Cunningham cases had
not been favOrablg received by bennett
were not substantisted by the evidence.
In one telegram bennett wired Bal
finger suggesting he authorize a delay
until certain evidence could be secured.
Ballinger in reply. said that III view OF
his personal reluctance TO direct pro-
-redfnEs in the Alaska cases bennett
himself should give the necessary di-
rections TO Schwartz
That convinced me-" said Claws.
that BaIlinger was personally direct
fne the cases for in all my experience
with the interior department ] never
heard Of il being necessary for the
eomrnissi0ner TO appeal 10 the secretary
Tor permission to delay 4 hearing
Earfrees read into the record an
extract Of letter from bennett to
schwartz in which bennett said:
IF more time is necessary we viii
have to grant IT but il seems to me
November is putting of the matter
rather long.
Vertrees here requested that Miss
Ella Al SharteI Of Seattle, stenog-
rainier. be summoned as witness.
-Whme YOU are about it, Mr.. Chair
man interjecte3 Attorney Brandeis.
--nless So also summon Special Agent
Frank l. Spalding from Cheyenne and
KE W Darr from Seattle.
THOROUGH INVESTIGATION
Nertrees also read into the record
mart of the letter from Schwartz to
Snecial Agent James Sheridan, putting
nc latter in charge of the Alaska coal
cases in place OF CLAWS. The letter
was dated July p, 1903, and said in
part:
Every report received from Claws
in This case concludes with some state
mont or observation as TO what future
and further stigation will develop.
md leaves the report in a status which
10 king