Los Angeles herald., 1910-02-19
CLAWS REMAINS
UNPERTURBED BY
SEVERE GRILLING
VERTREES FAILS TO CONFUSE
DEP0SED FORESTER
BITTER WRANGLEs MARK IN
CURRY AT WASHINGTON
Attorney for BaIllnger Continues His
Tactics of Chastising the Former
Field Chief and Continues
Hot Cross Fire
Associated Pressl

TAssoclated Pressl
WI ASHINGTON, Feb. 1S.-Louis r.
wv CLAWS was under cross -examin-
alton all day today before the
Ballinger-P -Pinchot investigating com
mittee, and when adjournment was
taken until tomorrow morning there
was no Indication that John j. YER
trees, counsel for Secretary Ballinger,
was approaching the end Of his con-
slant fire of interrogatlons.
Usually the questions have to do with
the construction to be placed on letters,
kilograms, etc, that have been read
into the record. 1t frequently is neces-
sary to go over these documents sew
eral times and to quote freely from
them.
Mr.. Vertrees and Mr.. CLAWS had sew
eral long wrangles in the afternoon as
to meaning of many letters and tele-
grams. A typical instance was tele-
gram from Mr.. Ballinger in reply to
message from Commissioner bennett
of the land office, in which the secre-
tary stated his reluctance to act in the
Alaska cases, and suggested that Mr..
bennett make the necessary orders
himself as to postponing the hearings.
Vertrees' Contention
MIR. Vertrees sought to show that this
meant that Mr.. Ballinger was not
directing the Alaska investigation in
any way whatsoever.
Mr.. CLAWS on the other hand, in
sisted the only construction he could
put on the telegram was that it showed
that none of the officials in the de-
partment dared do anything in the
cases without first consulting the sec
retary.
Mr.. CLAWS contended the telegram
conveyed a specific order by Secretary
Ballinger.
The late afternoon session was de-
voted to an inquiry into motives of Mr..
CLAWS in seeking the assistance of Gift
ford Pinchot. CLAWS said he went TO
him because he had faith in him and
felt he was absolutely sincere.
Mr.. Vertrees explained several of
his long questions today by the state
ment that he was searching out the
motives Of the witness, to discover
whether they were malicious.
Would Call Behrens
Attorney Vertrees, for the defense,
asked that Adolph Behrens of Seattle
be subpoenaed to appear as witness
before the committee.
Vertrees announced in connection
with the request for a subpoena for
Behrens that he expected to impeach
parts of CLAWS story by the testl-
mony of this witness.
CLAWS testified that Behrens and
Land Commissioner bennett lunched
together in Seattle and seemed on cor
dial terms the very next day after
bennett had told him he did not know
Behrens, one of the Alaskan coal
claimants. Vertrees said Behrens al
ready had made an affidavit in denying
all of CLAWS testimony.
Vertrees questioned CLAWS at some
length regarding his motive for bring
ing to the attention of the committee
a lot of rules and regulations regard
ing coal land entries in Alaska when
Ballinger had made but one slight
change in the rules.
WAS it to leave an unfavorable In
fluence in the minds of the committee?
demanded the attorney.
CLAWS would not answer directly.
He said he thought he had given some
testimony favorable to Ballinger.
Was the change made by Secretary
Balinger a good or bad one?" asked
Vertrees.
~ considered it bad one"
The examination had not gone much
further when the attorney and the
witness clashed on the subject of direct
answers.
Vertrees protested to the committee
that CLAWS always tiles string to
his answers" and proceeded:
Doubts His Motive
81 am trying to get at the purpose,
the motive. the object of the witness,
whether it is innocent or malicious"
Mr.. Brandeis, attorney for CLAWS,
arose.
"He has no other motive than to
tell the truth" shouted the lawyer
HE is bringing all the facts he can
before the committee-all that he con-
siders important-to assist the commit
tee in considering Mr.. Ballinger's case"
Representative Graham interposed.
l. Izaa nTs~ rfVahn FNFs rGt
ting impatient at the constitutional
hesitation Of speech of the witness, but
the witness should be allowed to ex-
plain his answers"
Chairman Nelson said:
ut is apparent to me that almost
every answer made by the witness has
a string to it. He has made no di-
rect answers. If we were sitting in
court of justice under the rules of evil
dence this state of affairs would not
have been permitted. But we are
moving along without rules of evil
dence and the chairman is powerless
to enforce any rules.
''I want to say, however, that the
committee will be able to judge of the
facts produced in this case, and the
only effect of these long answers with
arguments appended is simply to de-
Law proceedings"
Vertrees asked CLAWS to detail the
acts of Ballinger while out Of the gov
ernment service that he considered inn
proper. Ballinger resigned as commits
sioner of the land Office March 4, 1908,
and did not become secretary Of in
terror until March A, 1909
0His first act" said CLAWS. was
when he returned from Washington to
Seattle, where I conferred with him
and told him of the evidence l was
securing in the Alaska cases, and hav-
inc had as commissioner all the in
formation concerning these cases, he
deliberately represented the coal claim
ants themselves.
This was contrary to an act of
congress. although there had been