The San Francisco call., 1910-03-26

tlO0 Oh IlaJ evidence, 10 NtiN'
disposition should be made.
I'VE particularly declined to make
charges. We desired the committee
TO formulate those charges, and to
defer until a later period of the inquiry
our suggestions as to what conclusions
should be drawn from the facts
When this inquiry began Ballinger
sent letter here in which he expressed
the desire to leave the committee un-
trammele6. He did not even desire to
have counsel lest it should hamper the
committee in its search for the facts
1T is perfectly clear that we should
not be brought to a stop in our inquiry
without being able to lay before the
committee those facts which Mr.. Bal
linger alone is aware of and can best
enlighten this committee. / know of
no proceeding in which we would be
denied this opportunity. We certainly
ought not to be denied it in what the
chairman has characterized as free,
full and open inquiry and not limited
by the ordinary rules of evidence"
SAYS TESTIMONY NEEDED
Representative Madison asked Brand
els if he regarded Ballinger as a wit
ness to material facts, and the attor-
ney declared that he did.
And you intend to examine him on
all points that you consider ma teral?"
inquired Representative Mccall.
Yes, SIR
that you desire your cross examination
of the witness to precede the direct
examinations" suggested Senator Suth-
erland.
Il wouldn't put it just that way"
replied Brandeis Mr. Ballinger has
already had full opportunity to make
his statement. He has had the advan-
tage of being able to confer with the
president and has made two statements
to the president
Doesn't that apply to all the wit
nesses in this proceeding" asked Rep
resentative DENLY.
No; my client, Mr.. CLAWS, has not
had an equal opportunity
Brandeis admitted he desired to have
the right to examine Ballinger in his
own way. Representative Olmsted
said he thought Ballinger should have
the opportunity first TO make his state.
ment to the court in his own way
Brandeis was directed to proceed with
his other witnesses, the Ballinger mat
ter being deferred for the time bein Z.
Stephen D. Birch, manager of the
Morgan -Guggenheim syndicate in Alas
ka, then was sworn. He said the syn
dicate was composed of ]. p. Morgan
& Co. and some members of the firm
of NJ. Guggenheim's Sons. Birch re-
Gently appeared before the senate COM
mittee on territories and gave the tes-
timony which he repeated today. He
said he first saw Clarence Cunnin CHAM
in connection with his claims in Seattle
early in April, 1907,
The witness said he saw Cunning
ham several times in Seattle.
COPY OF AGREEMENT
Braindeis then read into the record
a copy of the memorandum agreement
entered into July 20, 1907, by Clarence
Cunningham, Miles c. Moore A. b.
Campbell and the other Cunningham
claimants as venders to Daniel Gug-
genheim as vendee. stating terms un-
der which the claimants would convey
a half interest in their coal lands.
And Daniel Guggenheim represented
the Guggenheim syndicate?" asked
Brandeis
Yes, sir
Representative Madison called atten-
ton to the fact that at the time the
agreement was dated several Cunning
ham claims had not gone to entry
The Guggenheims finally notified
Cunningham that they had been ad-
vised by counsel not to purchase the
claims in their incompleted state and
had requested that the patents be hur-
ried.
issuance of patents was a matter rest
ing with the convenience of the govern
ment and could not be hurried, although
he had been Informed that the COM
missioner of the land office (Ballin-
ger) had intimated that the matter
would all be cleaned up in 80 days.
CHAIRMAN CAUSES LAUGHTER
John N. Steele, attorney of the Nor
gan-G Guggenheim syndicate, had been
called upon from time to time by
Brandeis for statements and letters
while Birch was on the stand. 1t was
suggested that Steele be sworn. Chair
man Nelson caused laughter in swear
ing the witness by pledging him to
the truth of testimony already given
and to be given
Following this ceremony Brandeis
read telegram from Daniel Guggen-
helm to Clarence Cunningham dated
December T. 1907, finally accepting the
made in the memorandum
agreement Of July 90" by Cunningham,
Moore and Campbell on behalf of them
selves and their associates. A letter
from Cunningham acknowledging re-
ceipt of the telegram also was put in
evidence.
Birch said that in none of his con-
versations with Cunningham was Bal
fingers name mentioned or any promise
recited as to the action of the COM
missioner of the land Office
Birch testified that the Guggenheims
had projected a railroad from Katalla
to the coal lands. Later they changed
their plans to build from Cordova to
the copper fields. When Cunningham
heard of this change early in 1908, he
told Birch that the agreement had been
that it was no longer binding,
and would not be lived up to.
H
AFFIDAyITS
In the testimony of Birch that Gun
ningham stated early in 1908 that he
considered the agreement with the
Guggenheims null and void. Attorney
Vertrees claimed justification for the
Cunningham affidavits of March and
September, 1908, in which he declared
the Guggenheims had no direct or indf-
rect interest in the claims. There has
been talk of possible prosecution for
perjury and subornation of perjury in
connection with these affidavits. one of
which was presented by Ballinger to
Secretary Garfield.
Resuming his testimony, Birch said
he did not know that Ballinger was
of the land Office in 1907.
Mr.. Birch, what is the value of the
coal property?" asked
Vertrees.
AT the present time it has no vaIue.'l
You mean because the patents have