The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-01-27

lls tt InE -N8asha coal ld1uS. anu. ny
ordering some OF the claims t. patent.
ACQUIRED knowledge Of Importance.
He personally acted and took part
in action o: the department relating
To the investigation of these claims
which. Ne assert, We're fraudulent
This having been the case. when
he ceased to be commissioner. he took
the position as counsel for some of
these claimants
Senator Sutherland of Utah inter
rupted: You do not claim that Bal
linger acted corruptly as commission
er. but that he made improper use
of the Information which he had oh
tanned"
That is not ALL" replied the attor-
ney. The fact that he acted at all
with reference TO the continuance of
the contest was not consistent with
the highest conduct as an officer of
the government
Then you claim ne acted corrupt
ty or improperly" asked Senator
Sutherland
Without Regard.
Yes. improperly: that he acted
without due regard to the interest of
the government. while commissioner.
Also that he acted improperly after
ward i'm taking employment from the
claimants who had been before him
"a commissioner
We claim that Ballinger's action.
as 1t was reported. was improper In
his failure to investigate thoroughly
"A kn lai iat ha
properly in ordering these claims to
patent and we charge that they were
on the road to patent. with undue
haste. when CLAWS interviewed and
saved them.
That he acted improperly In al
lowing the Alaska claimants to see
all the papers on file i'm the depart
ment. Cunningham said in letter on
file as Juneau that Commissioner
Bailinger gave him the papers,"
You are aware,'' interrupted Rep
resentative Olmstesd. that Secretary
Ballinger specifically denies all this p
Yes" replied Mr. Brandeis. and
we vii ask you to consider all our
statements in connection with this de-
NAL"
ihth. ihasIJeSteu MT. MduisOn,
you do claim Mr.. Ballinger acted
corruptly"''
Shows Feeling.
Mr.. Brandeis launched into a reply
with some show o. feeling.
Il have not used the word corrupt
!y. he exclaimed in a high pitched
voice. Il have desired to bring the
facts before this committee. / deem
1t a matter OF treat solemnity. and
that no charge Of corruption should
be made. 1t Is a matter for this COM
mittec To determine whether the great
trust of holding this land for the ben
eft of the people and for future gen.
erations Is in safe hands. We make
no charge except the charge of the
facts. 1t is for you. then. to deter
mine what the safety and the honor
of the country demands"
In connection with the Wilson Coal
company. Mr.. Brandeis charged that
Ballinger acted as counsel. though his
name did not appear in a case that
involved perjury on the part of the
claimants and a fraud upon the land
laws. Mr.. Brandeis said he would
duction of papers in the land office
and interior department and from
special agents offices in Seattle and
elsewhere. He was directed to fur
nish the committee with list of all
papers desired. and he assured them
they would be produced. Mr.. Brandeis
promised that the investigation now
on would bring out more than was
in the charges filed by Mr.
CLAWS with the president. that there
are facts, statements and documents
not then in his possession.
This ended the attorneys statement
the witnesses. CLAWS proceeded to
tell of his conversation with young
Charles =. Davis of Seattle. in which
Davis said he would not make an al
fidavit as he had been advised against
it by Mr.. Ballinger.
One Of Claimants.
DO you know OF any reason why
Davis should not come here and tes-
tlfy first hand:" asked IA member of
the committee.
No. sir replied CLAWS. except
that he Is one of the claimants,
This called out a laugh. CLAWS said
that Davis made this statement tn
him the first time he met him. In tine
discussion of the testimony a. to
young Davis statement. aa interest
ing and perhaps significant coiioau,
occurred between senator Nelson and
Representative Graham. one VI the
members of the committee.
Senator Nelson sought TO draw from
the witness and his counsel the fact
that they had no knowledge that Mr..
and his secretary. person.
ally. received some letters addressed
to the commissioner of the land Ct
flee and that this mail may have gone
TO other persons
Representative Graham interrupted
with the remark that he though. the
burden of proof would be upon Mr.