Arizona republican., 1910-01-27
BEGINNING 0F INQUIRY Into Alleged Shortcomings Of
 Secretary Ba||inger
 ATTORNEY 0F -GtANs Inclined to Argumentative-
 ness Before Investigation
 Committee = With Diff
 culty His Statement Was
 Reduced to Conciseness
ATTORNEY OF -GtANs

Washington, Jan. 26.-The Ballinger- Pinchot congressional inquiry began
 its public sessions today with Louis R. Glavis. the chief accuser of Secretary
 Ballinger. on the witness stand. As a
 result of many interruptions and the final decision of the committee. t6 in sist that Glavis' counsel make an opening statement of the specific charges against Ballinger. the witness did not get far in his narrative. There was an opportunity. however to draw some conclusions as preliminary lines.
 In his enthusiasm over the actual beginning of the inquiry. and as a re- suit of his tendency to argue his views of the testimony adduced. special counsel for Glavis, Louis D. Brandeis of Boston, had some difficulty in re- ducing his statement to a brief recital of the charges, but finally he summed up the case for the prosecution in this way:
 That, prior to entering the govern ment service in any capacity, R. A Ballinger acted as attorney in draw ing up an agreement in escrow and deeds in the Wilson Coal company cases in Lewis county, Washington. these cases being an alleged fraud up on the land laws. Ballingers name did not appear in the court records of the case.
 That Ballinger. as commissioner of the land office in 1897 did not show due diligence in investigating the al- legged frauds connected with the Cum ningham coal claims in Alaska That he had knowledge of all circumstances surrounding these claims. and, in spite of this, entered the employ of one of the claimants after leaving the land office and before becoming secretary of the interior
 That he ordered these claims to be clear listed" for patent without inves- tigation, and that they would have gone to patent if Glavis and oth- CTS had not intervened.
 Tt is not any one act, but series of acts and circumstances" declared Brandeis. adding that it was for the committee to determine whether the lands that should be held for the benefit of the people and of posterity are in safe hands,
 Senators Nelson, Root and Suther- land and Representatives Olmsted and Madison were the more active of the committeeman in plying the witness and his attorney with questions. Many times they referred to Secretary Bal fingers denials and sought explana- tions of what they considered discrep- ancies in the statement The demo- cratic members were not much in evil dence.
 The inquiry will be resumed on Fri day morning, and thereafter there. will be morning and afternoon sittings ev cry Friday and Saturday.
 I'm stating what's distinctly afact, about which there can be no ques- tion.' said Brandeis. Tn January, 1908. Glavis heard that Ballinger had ordered the Cunningham claims to clear listing for patent. He at once telegraphed, asking that action be suspended. He said he had just ob- tained possession of the Cunningham journal which bore conclusive evil dence of fraud.
 He met Governor Moore and Clar- ence Cunningham in Washington and was told by Moore that but for his (Glavis') action the land would have gone patent.
 "Glavis also discovered that con trary to practice, Cunningham and other claimants had received informa- tion as to what the field agents were doing. Cunningham said he had copies of all the papers and that nothing was in them to prevent the lands. from go- ing to patent
 Senator Sutherland of Utah, inter- rupted: You don't claim that Mir. Ballinger acted corruptly as a com but made an improper use of the information he obtained
 That's not all," replied BrandeisI "The fact he acted at all with refer ence to the continuance of the contest was not consistent with the highest conduct of an officer of the govern mene'
 Then you claim that he acted cor ruptly. or improperly?" asked Suther- land. T
 Yes-improperly; he acted without due regard to the interest of the gov while commissioner. He also acted improperly afterward in taking Employment from the claimants who had been before him as commis- | sioner"
 You are aware interrupted Rep | Olmstead. that MT. Bal finger specifically denies all this?"
 Yes" replied Brandeis and we ask |