The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-01-27
ACKNOWLEDGEMENTS Bal.
linger Being Investi-
gated by Committee.
CASE SUMMED UP
FOR PROSECUTION
Special Counsel Outlines speci
fic Charges Against the Sccrc-
tary and Is Piled With
Questions by Members Of
Committee CLAWS
First Witness in Case.

First Witness in Case.
Washington, y. c.. January o6.--The
Ballinger- Pinchot congressional COM
mlttee of inquiry began It's public ses-
sions to-day. with Louis r. CLAWS.
the chief accuser of Secretary BaIlin-
ger, on the witness stand Due TO
many interruptions ard the final de-
cision of the committee to insist that
Glavis's counsel should make an open
ing statement OF what specific charges
were made against Mr.. Baliingcr. the
witness did not get very far along n
his narrative. There was opportunity,
however, to draw some conclusions as
to the preliminary lineup Of the com
mittce. The special counsel for G1a-
Wis. Louis ID. Brandcis, of Boston.
summed up the case for the prosocu-
tion in this way:
That prior to entering the govern
ment service in any capacity r. A.
Ballinger acted as attorney in drawing
UP an agreement in escrow and deeds
In the Wilson Coal Company cases, in
Lewis county, Wash. these cases be-
ing an alleged fraud upon the laws.
Mr.. Ballinger's name did not appear
in the court records of the case. THAI
Mr.. Ballinger. as Commissioner OF the
Land Office in 1907. did not show due
diligence In Investigating the alleged
frauds connected with the Cunningham
coal land claims in Alaska: that he
had knowledge of all the 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
| clairns to be clear listed for pateni
/, without due investigation, and tina,
| they would have gone to patent II
CLAWS and others had not intervened.
| TT is not any one act, but series
/ of acts and circumstances" declared
Mr.. Brandeis adding that 1t was for
the committee to determine whether or
| not the lands, which should be held
for the benefit OF the people and OF
| postcrity. ARE in safe hands.
4 Committeeman Ask Questions.
Senator's Nelson, Root and Sutherland
and Representatives olmsted and Mad
lison were the more active of the COM
mitteemen in plying the witness and
| his attorney with questions.
/ The Democratic members of the com
mittee were not much in evidence to-
| day. Representative Graham, one OF
| the Democratic members. took issue
| with Senator Nelson during the final
/, minutes of the hearing. and declared In
! a certain instance the burden of proof
!. was upon the Secretary of the Inte-
| rior, rather than upon the accusing
| witness. The inquiry will be resumed
| Friday morning, and hereafter there
j will be morning and afternoon sittings
/! every Friday and Saturday.
i Questioned by his own counsel Gla-
/ -. hot 10 nJt,
! agreement in the Wilson case was
drawn up by Ballinger. 1t was an un-
/ lawful proceeding. as the entrymen
| had no right at the time to enter into
/ this.
/ CLAWS said the information came to
! him secondhand; that stipulation
had been entered into by the govern
ment counsel in the Wilson cases and
the attorneys for the claimants, where
by the name of Mr.. Ballinger was not
to appear. The witness said the re-
cords would bear him out. CLAWS
claimed that Ballinger's participation
amounted to conspiracy in fraudu.
lent claim against the government Hs
/ described In detail the location and OK
tent OF the Cunningham claims II
Alaska. Mr.. Brandeis. Glaviss counsel
was asked to outline the specific
charges against Secretary Ballinser
He said:
outline of Charges.
i ut appears first. that Mr.. BalltnEer
!. while a commissioner of the land or
flee, took an active part In the contro
versy and investigation which arose a
to the validity OF the Alaska coal lands
and by ordering some of the claims t
patent, acquired knowledge Of i'm
portance. He personally acted and tool
4 part in relation to these claims, which
we assert were fraudulent.
"This having been the case, when he
ceased to be commissioner he took tht
position as counsel for some Of thes
claimants
Senator Sutherland, OF Utah. inter.
rupted: You do not claim that Bal
. .Ilinger acted corruptly as commissioners
but that he made improper use of tht
information which he had obtained?"
THAT is not all" replied the attor
Il ney 1.-THE fact that he acted at all
With reference to the continuance o.
the contest, was not consistent witt
}, the highest conduct as an officer Of tn
q government."
"Then you claim he acted corruptl.
or improperly?" asked Senator Suther
e land.
e Eyes, improperly; that he acted with
5 out due regard to the interest of tn
8 government while commissioner: ais
f that he acted improperly afterward Il
employment from the CLAIM,
I ants who had been before him as com
9 missioner. We claim that Ballinger'
d action as commissioner was imprope
S In his failure to thoroughly investigat
+ the Alaska claims; that he acted in,
|: properly In ordering these claims t
patent. and we charge that they wer
!, on the road to patent with undue hast
g when CLAWS interviewed and save
h them; that he acted improperly In al
g lowing the Alaska claimants to sc
i all tho papers on tlle In the depart
I, ,l,ment, Cunningham said, In a letter Q
Q tlle at Juneau, that Commissioners Bal
8, l!nger gave him the papers,"
You are aware.' interrupted Rer
resent tative lOlmsted, "that Secretar
|el Balllnger specifically denies all this /:
Ia s.'Yes." replied Mr.. Brandeis. 'and y
lcontiRIea on Sixth Rase,l !.