The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-03-26
PROSECUTION TRIES
TO CALL BALLINGER
Summoned as Witness, but
VprtreeS Blocks Plan.
COMMITTEE THINKS IT OVER
Claws Attorney Wants Secretary
on stand to Identify Papers, He
Declares, but No Decision Is
establishments Value of Alaska
Fields Is Again Brought Out.

Secretary Ballinger's appearance before
the Senate committee that Is investigat-
ing the Interior Department and the Blu
resu of Forestry was made the subject
of a heated discussion when the COM
mittee resumed its hearings yesterday and
was left as a question TO be determined
by the committee in executive session.
It has been understood since the begin
ming of the inquiry that Secretary Bal
Hnger would go on the stand after the
prosecution has finished It's case and the
defense has its day in court. but Attor-
ney Braudeis, representing l. r. CLAWS
and others, who are making war on the
Secretary. surprised the committee yes
terday by requesting that Mr.. Ballinger
be summoned at once as witness he
desired TO identify certain papers and
documents.
That the defendant should be called as
a witness by the prosecution was re-
garded as so extraordinary that members
of the committee Intercepted Mr..
Brandeis sharply as TO his purpose. inti-
mating that he wished to cross-examine
direct examination. Attorney Yertrees.
for Secretary Ballinger. protested vigor-
ously against the request of Mr.. Brandeis.
MIR. Ballinger." he said, rs the per-
son most interested in this inquiry. and
we ought TO be allowed the discretion as
10 indicating when he should appear"
Mr.. 8randeis insisted that Mr.. BaIlinger
be summoned 70 appear yesterday, but
the committee declined 10 decide the
Vertrees should be heard in executive
session before a decision is reached.
Immense Value of Property.
S. S. Birch. managing director of the
Morgan-Guggenhe syndicate, and John
n. Steel counsel for Morgan & Co. told
the committee the detailed story of the
syndicste's connection with the Cunning
ham group Of claimants 10 valuable Alas
kan coal lands, repeating practically the
testimony they gave recently before the
Senate Committee on Territories.
Minutes of a meeting Of eighteen Of the
Cunningham claimants, held May Is, 1907
IN Seattle. were offered in evidence by
Attorney Brandeis, showing that a COM
mittee was appointed to draft articles Of
Incorporation for a company 10 be com
posed of the claimants.
The object of getting this report into
the record is to show the tremendous
value Of the property.
A letter was offered in evidence from
Clarence Cunningham TO Daniel Guggen-
helm, dated August Il. 1907, in which the
statement was made, The commissioner
tells me everything will be cleared I'D
within sixty days"
The commissioner referred TO was the
present Secretary Of the Interior. Mr.
BaIlinger, and this Cunningham letter
was written Immediately following the
Love report on the Cunningham claims.
Daniel Guggenheim closed the option on
the property in a telegram sent on De-
cember Z, 1907, from New York TO Clar-
ence Cunningham IN Seattle, in which the
express statement was made: I hereby
notify you that I formally accept the
proposal"
Mr.. Birch testified that he was notified
by Mr. Guggenheim Of the sending OF
this telegram. A little later. Mr.. Birch
being unable TO fix the exact date Gun.
bingham told Birch that he considered
the option off because the syndicate had
changed It's plan for building its rail-
road into the coal field so that Cordova.
instead Of Katalla. would be the base.
Mr.. Birch stated. however that the syn
dicate paid no attention to this verbal
statement from Cunningham. as il re-