DAVIS CONTRADICTS BALLINGER
Davis Contradicts Ballinger points thus far established by the investigation THAT BALLINGER, as commissioner of the land office, had an Intimate and thorough knowledge of the Alaska coal cases,...
...Thus it was shown that the Cunninghams first gave an option of their cotl claims to the syndicate on July 20, 1907...
...Taft got the impression from Ballinger that he had made these restorations only upon the recommendations of the Reclamation Service...
...Ballinger again said the withdrawals were illegal...
...I said I could...
...I got the impression that he wanted it done slowly, but I didn't attach any significance to it...
...Ballinger, Chief Engineer Davis of the Reclamation Service many times flatly contradicted many statements of Ballinger, although making it plain that he would not impute or insinuate intentional wrongdoing on Ballinger's part...
...that the Service would feel that merit was not going to count under this administration...
...That Senator Heyburn of Idaho, who, with Senator Carter of Montana, is the most outspoken foe in congress of conservation, had an Interest In Alaska claims...
...He told Ballinger, he declared, in as polite and emphatic language as possible, that the whole course of the secretary had tended to disintegrate the Reclamation Service...
...I said so before and say so now," said witness striking table...
...also Congressmen McLachlan of California and Klnkaid of Nebraska...
...That Ballinger ordered Chief Engineer Davis of the reclamation service to segregate withdrawals made by Secretary Garfield for power sites, but to do It quietly so as not to attract public attention...
...Chairman Nelson: "I think the committee ought to have that letter...
...That soon thereafter the executive order went forth that no more information was to be given out by government subordinates without permission...
...Under orders of Secretary Ballinger, E. T. Perkins travelled through the West in a black tent, lecturing on reclamation...
...That his attitude has been one of assumed Indifference, If not hostility, toward investigation and the protection of the government, on the plea of former connection with the coal cases as counsel...
...Davis and Director Newell, Mr...
...Mr...
...Ballinger Planned to Fire Newell MR...
...That Commissioner Dennett stated he knew of no frauds, yet affidavit showed such admissions had been made to him...
...Davis: "Yes, that is my recollection...
...Pinchot's prediction had come true that the Service would suffer immensely because of lack of support by the secretary and that many of the best men would leave it...
...Mr...
...Pepper: "What impression did Mr...
...He left the impression that he would give the instructions as to restoration in writing, but he did not do this...
...Davis knew nothing of a letter by Senator La Follette to Secretary Ballinger, but after reading the letter he said he could not deny any of its statements...
...That Ballinger sent a young, inexperienced lawyer to supercede Glavis In defending the government's rights in these gigantic interests...
...That Glavis was told not to Investigate members of Congress interested in Alaska...
...Ballinger added, 'which he doesn't have.' He declared the withdrawals were all in violation of law and must be restored, and directed us to proceed with the preparation of lists for restoration...
...That Ballinger misinformed the President as to a decision of the comptroller of the currency relative to the Forest Service administering operations on forests in Indian reservations...
...I also got the impression that as to the legality of the restorations he would take it up with the attorney general...
...Vertrees: "What called out that letter to the Senator...
...Garfield: "I think so.' Representative Madison: "If that is not perjury under our statutes, then we need some new statutes on the subject...
...That, while commissioner, Ballinger had opposed Roosevelt, Garfield and Plnchot in the creation of the Chugach national forest, covering a part of the Cunningham claims in Alaska, and soon afterward Ballinger resigned as commissioner...
...Miles C. Moore turned up in Washington and immediately the writing of patents was begun...
...That about this time the Guggenheim-Morgan syndicate secured, through dummy entries and otherwise, options on the Cunningham and other properties which, with its railroads, would have given It control of resources worth a billion...
...This, counsel said, was an invitation for Ballinger's orders, but witness insisted stoutly that Ballinger urged blanket restorations and Newell did not...
...That Glavis, Jones, Love and Sheridan were practically agreed as to the necessity for more Investigations...
...That Ballinger visited Secretary Garfield at tbe latter's home In Ohio in 1908 and laid before him an affidavit from the Cunningham claimants saying that no combination was contemplated, yet an option to the Guggenhelms had been given and accepted in 1907...
...Mr...
...Mr, Pepper: "Didn't Mr...
...Davis said: "Mr...
...He declared that at no time was subterfuge used in their withdrawal...
...Garfield looked far into the future, Ballinger did not...
...Garfield also swore that he remembered no conference with Ballinger on the Alaska coal claims such as Ballinger told the President he had on the Glavis protest against clearlisting, when justifying himself to the President...
...That Ballinger promised to ask Attorney General Wickersham i°f, jn °Plnl°n on the legality of the Cunningham claims, but If ?t to do so unt*l forced to such action by Glavis and Henry M- Hoyt, then assistant attorney general...
...that an amended affidavit was given by the same parties September 4, 1908, saying tiiat "no combination or joint interest by way of corporate interests, or otherwise, was contemplated," etc...
...that an affidavit was given by the Cunninghams March 6, 1908, saying the intention was to form a combination...
...Ballinger's comments on the power site withdrawals leave with you...
...Vertrees, counsel for Mr...
...Tbat as counsel he attempted to get patents for the claims, although admitting to Glavis, In consultation, that he had doubts about their validity...
...Testifying to an interview between Ballinger, Mr...
...Engineers complain they need the support of the Secretary and are not getting it...
...Newell said in this letter that in conference he told Ballinger that lands not actually needed to protect power sites cculd, after examination, be restored, but should be done so gradually so as not to attract attention and reflect on the past administration...
...Ballinger said the lands referred to should not be restored to entry...
...Davis also declared that Mr...
...Ballinger's' Policy THE wide divergence of the policies of James R. Garfield and Richard A, Ballinger, with reference to the public domain, was convincingly brought out in the testimony of former Secretary Garfield and that of Chief Engineer Davis...
...He told me to go ahead, but that he didn't care to have it done suddenly...
...That he requested suspension of examinations that he might urge remedial legislation, favorable to the claimants, upon congress...
...That the main objection to the Plnchot letter appears to have been that it gave to the country a conservation message in advance of that of the President...
...That after telling his conspiracy story to the President, Glavis heard nothing more of It until given his discharge from the service...
...Representative James: "When Cunningham swore that thare was no option on these claims, that was a false statement was it not...
...Garfield said there would be no need of such conference on the part of the land commissioner with the secretary...
...If he did so, however, I don't know of it...
...He declared he thought the people better protected by the Garfield plan of wholesale withdrawals, that could be pared down by subsequent examination, than the Ballinger plan of restoring all the lands and later withdrawing the smaller areas actually necessary for power site purposes...
...He asked me specifically if I could segregate the withdrawals made for the conservation of power from the others...
...I said I did not think it was so serious...
...Davis Criticizes Ballinger GHIEF ENGINEER DAVIS discussed in detail the Reclamation Service and went over most of the big withdrawals of power site lands made by Secretary Garfield and of their restoration by Secretary Ballinger...
...Ballinger say that he wanted it done slowly so as not to attract public attention...
...That Ballinger ordered Schwartz to consult Postmaster General Hitchcock as well as the President In appointing Alaska agents...
...Davis said one difference between Garfield and Ballinger was in prevision...
...That as commissioner, private citizen, and as secretary of the interior he personally directed operations relating to these cases, assuming authority In Instances where subordinates had hitherto acted alone...
...Witness contradicted almost every statement made in the letter of Secretary Ballinger to the House committee, on work in the West...
...That Ballinger ignored the unfavorable report of Special Agent Jones and ordered the clearllstlng of the Cunningham claims on the Love report which Love also declared did not Justify or recommend clearllstlng...
...That Ballinger ordered verbally (refusing to make the order In writing) that the reclamation service recommend restoration of the lands withdrawn by Garfield to protect power sites...
...In addition to his government salary of $3,300 he received $500 a month from the Harriman lines...
...Davis Contradicts Ballinger points thus far established by the investigation THAT BALLINGER, as commissioner of the land office, had an Intimate and thorough knowledge of the Alaska coal cases, gained through numerous conferences with Special Agents Jones and Love and Glavis and through frequent reports made by them to him...
...A spirited passage between counsel and witness occurred over a letter by Director Newell to Senator La Follette...
...Garfield, after discussing the various coal bills of recent years, and the policy of withdrawals of the last administration, shed some significant light on the connection of the Morgan-Guggenheim syndicate with the Alaska coal cases and Ballinger's relations to the same claims...
...Newell defended the withdrawals and said many of them had been made under the supervisory power of the Secretary, to which Mr...
...That in the restoration of withdrawn lands Ballinger did not act on the recommendation of the Reclamation Service, as the President seemed to think, but on his own responsibility...
...that In 1907 Ballinger advised Glavis to go slow on Investigations and "muckraking," as It was Interfering with the raising of campaign funds for next year's election...
...That Plnchot had the permission of Secretary Wilson to write the letter to Senator Dolliver which brought about his dismissal...
...That after leaving the office of commissioner he became counsel for the Green and Cunningham claimants, contrary to federal law on that point...
...That when in December, 1907, Glavis was sent west to make a thorough investigation...
...The Hill lines protested, and Director Newell removed Perkins, whereupon Ballinger reprimanded Newell...
...DAVIS also testified that Ballinger frequently told him that he had determined upon the removal of Director Newell, and that he (Davis) had strongly protested against such action as the men had confidence in Newell and it would prove demoralizing...
...that the coal claims were clearlisted on December 26, 1907, although the clearlisting was suspended in January on the receipt of a telegram of protest from Glavis...
...Davis: "He spoke as though a great crime had been committed by these withdrawals...
...The "prosecution" claims that President Taft's letter of September 13 last, exonerating Mr...
...that the lands could be readily restored and that no great harm had been done...
...Tbat as such counsel he profited by government secrets, yet as secretary, and with the same information, put the responsibility and interpretation of the law upon subordinates...
...that several Alaska claimants in particular objected to contributing without Borne favorable action on claims...
...Davis: "Don't know...
...Ballinger, he said, was always criticizing the Reclamation Service and said a week ago he proposed to make a new and lower salary scale for it...
...Ballinger from the Glavis charges, showed that Mr...
...Mr...
...Davis said that Ballinger frequently declared that the Garfield withdrawals were illegal and that he said nothing about his intention to rewithdraw restorations...
...This last amended affidavit, drawn by the Ballinger taw firm, was brought to Secretary Garfield's Ohio home by Ballinger himself with the idea of influencing favorable action on the claim...
...DURING an all day cross examination Saturday at the hands of Mr...
...The so-called "black tent" affair was cited...
...That Forester Plnchot wrote the President last fall that he would not be silent over frauds on the government even if It Involved his official poslton...
...and that Mr...
...That while the Roosevelt and Garfield view and policy had been that the government could withdraw public lands In the of specific law to the contrary, Balllnger's view has been that it cannot without a specific law...
...Davis denied making such recommendations...
...That immediately on becoming secretary of the interior, Ballinger ordered the restoration to entry of many waterpower sites on western rivers that Secretary Garfield had withdrawn...
...Mr...
...that the option was accepted on December 7, 1907...
Vol. 2 • March 1910 • No. 11
