The Omaha Daily Bee THE OMAHA DEE la tbe snout powerfnl business , getter In the went, because It goes to the homes of poor and rich. WEATHER FORECAST. For Nebraska Tartly cloudy. For Iowa Unsettled; rain or iinow. For weather report see page 2. - VOL, XXXLX-NO. 18G OMAHA, TUESDAY MORNING, FEBRUARY 15, 1910. TEN PAGES. SINGLE COPY TWO CENTS. CANNON roil i WATERWAYS "Uncle Joe" Makes Address in Favor of Appropriation from Floor of the House. LONG LOOK AHEAD NEEDED Grand Army Bill Saves Veterans From Wily Women Pension Measure Before Senate Re quires Widow to Live with Hus band Three Years. HE IKE IS DENIED IMMUNITY BATH Situation Wanted GLAVIS UNDER A MILD CROSSFIRE New York Court Rules that Secretary Prosecuting1 Witness in Ballinger In quiry Questioned by Attorney for the Secretary. ' ' i of Sugar Trust Must Stand Trial for Conspiracy. STORY OF MISSING LETTERS Broad View of Welfare of Whole Na- - tion Should Prevail. TOO MUCH MISINFOI' f. Some Newspapers and Mafjazi ? e S. 'i HOUSE RULES ARE DEFE1 c If Majority Woes Not Find Wi le .act Its Will Into Uei PeoV.- Will Choose Other Servants. WASHINGTON, Fob. 14. "If we lose sight of our own Importance and our pol- tlon for the time being, there will come in our places better and wiser men, who will not lose sight of the necessity to provide for an orderly procedure under which a majority can work Its will; where respon k elbillty rests there must be power with the majority to move on, being responsible." "Uncle Joe" ' Cannon,' laying aside his gavel and speaking today from the floor of the house merely as "The Gentleman from Illinois," sounded this warning to his col ' leagues. "Representative" Cannon arose for the purposj of lending his approval to the pending rivers and harbors appropriation bill, but during his speech, which was of about twenty minutes' duration, he took occasion to refer lightly to magazine and newspaper criticism and to remind the minority members that the power of the majority was futile unless enforced by a well oiled machine. It was while Repre- ri(Ar.lf1 tAmm NT V 1 h;ifl the I floor that members were surprised to- see the speaker rise from a seat in their midst and Inquire: "Wilt the gentleman from New Tork yield to me?" Cannon for Rivera BUI. "I will yield to the gentleman, I believe from Illinois," said Mr. Fitzgerald, emil gly. Mr. Cannon told the house how he ad voted, for a rivers and harbors bill during President Arthur's administration and explained that he had voted to pass the measure over the president's veto. Ho said he had had some trouble In justifying thai vote before his constituents, but said he did bo. - "I i thanked God then as I thank God now," esld Mr. Cannon, "that that con stituency, agricultural district as it Is to day, hart the I patriotism crossed ' with breadth and Intelligence to stand by me at the polls." As the speaker was enlarging upon the need of breadth of view to obtain approval at over 1heeountry.(for appropriations for rivet and harbor improvements, Repri;sent- alive Dalzell of Pennsylvania, who occupied the chair, began - hammering the desk, be- " fcro him with the speaker's gavel Call of Time. 4 Th time of the gentleman has expired!" Te cxc'almed, In mock severity. "May I have a minute more?" pleaded the speaker. Mr. Fitzgerald then obtained unanimous cor.ient ti have his time extended five minutes, and Mr. Cannon proceeded. With the eye of prophesy, he saw the nation's population' growing from 90 000,000 to 500,- 000,000. "Already we have almost one-half ' the railroad mileage of this earth," he said, "carrying one-third of the products of the civilised world hack and forth to . market. Long before the COO.000.000 are here. If we are to depend on railroad transporta- tlcn alone, we will have the railway mile age multiplied by two, multiplied by three, multiplied by four. It Is a long work to add to nature sufficient depth of water to cury the great and constantly Increasing commerce." Too Much Misinformation. Referring to his trip down the Mississippi with President Taft, In connection with netpaper attacks at that lime, Mr. Cannon aid: "When 1 turned to come back from New Orleans, from the criticisms I re i colved, and that many others received, not 4 founded on correct information, it made me wonder whether I was afoot or horseback, whether I was I or somebody else. I ex pect we will continue to receive all kinds of correct and fake Information that Is fished for here and there," ontlnued the speaker. "In order that our great metro politan Journal may continue some of them to make their papers from day to day, like tbe Tankoe made his razors, to sell. T:ut desire to say to th gentlemen on both tides of the house that In the last analysis, out of the. two great organizations, the minority from time to time putting the majority on Its behavior, seeking to become the majority, will come correct legislation and eorreot appropriations for the greatest good of the people of the republic." Ten Dollar Hogs Arc Predicted New High Records for Season Are Made at Nearly All Markets. CHICAGO. Feb. 14 T lie ' wlde?prea1 agitation against the hlsh price of mat has failed to check the advance in ho prices, live hogs at the stockyards hereJ selling a in nixnest mark with one ex ception. of the last forty years. The n?w high point recorded today was t9 274 per 100 pounds, and predictions were freely made that within a few weeks the $:0 level will have been paaed. KANSAS CITY. Feb. H.-A new hog rec ord was established at the local market here today when h-avy hogs brought the top price of S8.90 per 100 pounds.- One ear load of hogs from Kiinsas sold at this pi ire. Several carloads sold at $K.S5, which is also a high record price. The shortage of hog shipments Is given m the cause for high prices which have steadily rlsn sine the K effect of the boycott on meats hort time ago caused1 a m irked dMp In meat prices. ST. JO.SKPH. Mo., Feb. 14. All lu -c-oi (Is at the South St. Joseph live n ck market were broken loduy when " --r hundred was paid. lo.X CITlf. Ia.. Feb. 14.-Hoga made lis record on the Btoux Citv market. todajl)uuehln UU. WASHINGTON, Feb. 14 The young widows are coming In for their share of Uncle Sam' generosity in the shape of pensions. The present pension law grants annuities only to the widows of soldiers of the civil war who were married before June 27, IS'JO. As Is well known many of the old soldiers took helpmates unto themselves under that date and for the last twenty years conferees has been be sieged In the interest of this multitude. There are between 20.000 and 25,000 of them, and the pressure has come to be so strong that it looks as If It would not e withstood for a great while. Indeed, he senate committee on pensions has do l" .r tn. purpo,- . inn 4uv-Biairii. a Mil 1 1 in vuiibiuci cm n wu- e that a favorable report will be made within a comparatively short; time. The house committee also has agreed to con sider the subject, and the Intimations are that the report from that committee will be favorable. If the- bill should become a law It would add from $2,000,000 to $4.0(10,000 to the pension roll. There Is a special provision In the bill requiring that in order to become a beneficiary widow under Its terms any widow must have lived with her soldier husband at least three years. . This requirement Is Inserted to protect the veterans from the wiles of any woman who might seek to ally, themselves with them only for the purpose of putting themselves in the way of becoming subjects of Uncle Sam's charitable ministrations. The bill Iiciti Urn btuicllutt of the Grand Army of the Republic. Nebraska Terms of Federal Court Fixed by Bill Senate Committee on Judiciary Makes Favorable Report on Burkett Measure. (From a Staff Correspondent.) WASHINGTON, D. C. Feb. 11 (Special Telegram.) The senate committee on Judic iary today made a favorable report on the Burkett bill, amending the existing statute to provide that regular 4 rma of 'circuit and district courts of the United States for the District of Nebraska shall be held at the following times and places: Omaha, beginning on the fourth Monday in September and the first Monday in April; Norfolk, beginning on the third Mon day In September; Grand Island, beginning on the second Monday In January; North Platte, beginning on the first Monday In January; Chadron, beginning on the second Monday ,4o.Spteulr;' jUneoln, tboginnlns on the first . Monday In October and the second Monday In May; Hastings, beginning on the second Monday In March, and Mo- Cook, beginning on the first Monday In March. All civil actions not of local nature against a single defendant, must be brought In the division where said defendant re sides, the bill provides, but if there are two or more defendants residing in differ ent divisions of the district the plaintiff may sue In another division In which the defendant resides. All, Issues of fact aris ing In such a suit shall be tried In such division unless by consent of the parties, with the approval o the court, the case shall be removed to some other division. George La Plant of Wagner, 8. D Is In Washington on business before the Indian bureau. Roosevelt Party on Upper Nile Expedition Will Move Down the River to Cairo Early in March. GONDOKORO, Soudan, of the Upper Nile, Feb. 14. Colonel Roosevelt and the others of the Smithsonian African Scien tific expedition are expected here on Wed nesday. The launch of General Sir Gegtnald Win gate, scldar of the Egyptian army. Is In watting to convey the party to Khartoum. The trip down the Bar-El-Jabel and the White Nile will be begun Thursday or Friday, and Khartoum should be reached about March 8. Three days later the voy age down the river Nile to Cairo will begin. LACK OF LIGHT CAUSED WRECK French 'Steamship Company Asserts General Chanty Did Not Become I'nmanaceable. PARIS, Feb. 14. The French Trans Atlantic Steamship company asserts that there Is nothing to confirm the theory that the General Chanzy became unmanageable. and attributes Its disaster solely to the fact that there Is but one feeble light on the north eoast of Minorca Island, In the lee of which Captain Cayole sought shelter In the terrible storm. WASHINGTON, Feb. 14 1 no house bill requiring the census enumerators to Include in their report the cattle slaughtered In the United States passed the senate today. St. Valentine's Bulls the Because the late St. Valentine got In bad with the administration at Rome some centuries ago and got his head chopped off for his lack of diplomacy,' the price of violets ha gone up from tl.&O to 12.00 In Omaha for the- one day of February 14. Hon. Kmperor Claudius, who always had been whimsical anyway, got peeviah over some thinRS that Signer Valentine, the resbyttr, had to say, so he had that worthy decapitated without ceremony or process of law. However, this little affair didn't happen on February 11 and the historians with a lofty air pass over the origin of the present significance of the day. The fact that St. Valentine got killed as a special favor to Claudius seems to have made him ( Important thous-h lul. APPEARED BEFORE GRAND JURY Judge Holds that He Was Not Re quired to Testify Against Himself. AT FIRST ADMITTED GUILT When Court Ruled He Changed Plea to "Not Guilty." WILL LOOK INTO "DRAWBACKS" Allegation that Doty Has Been Re fended on Insar that Was Not Exported to be Investi gated. NEW TORK, Feb. U.-Charles R. Helke, secretary of the American Sugar Refining company, the so-called Sugar trust, Is not "Immune." He must stand trial, beginning March 1 next, on Indictments charging him with other employes of the company of conspiring to defraud the government by underwelghlng Imports of sugar. For weeks past counsel for Helke have attemnted to Drove before a lurv In the United State circuit court that Helke could not be prosecuted In view of testimony hen gave before the grand Jury which returned the indictments. But In this they failed, for Judge Martin ruled this afternoon that in the court's opinion the defendant was not entitled to Immunity, and accordingly he Instructed the Jury to bring In a formal verdict dismissing the plea interposed In the secretary's behalf. Helke Admits Guilt. In arguing for Immunity counsel for Heike admitted his guilt, but maintained that though guilty his grand Jury testi mony was a bar to prosecution. This led the government lawyers to make the an nouncement that If the plea was not sus tained the government would move for Im mediate sentence on the ground of admis sion of guilt. No such action was taken today, however. Helke's lawyers ohanged the plea to "not guilty" and time for trial was fixed. In ruling agamot Helke today Judge Mar tin, referred to the danger that would fol low if Indiscriminate pleas at bar were en tertained or allowed, and the opportunity It would give rich men to avoid the adminis tration of Justice. There had been no evi dence, he said, to show that the govern ment was animated by bad faith In bring ing the defendant before the grand jury or that any effort was made to extract testimony from the defendant that might be used against him. Will Look Into Drawback. After . the Helke matter Is disposed of, Federal Prosecutor Wise will take up an 1 other Important phase. " The Inquiry Is to , be directed at drawbacks which sugar re fining companies have received on imports when the refined product ha afterward been exported. The Inquiry will be to determine whether these drawbacks were always collected on bona fide exports of sugar made from Im ported raw material. If the contrary proves to be the case the federal authori ties say there may be further collections from the companies by the government, possibly to the extent of IL0OO.000. I WOMAN AND BABIES BURNED Lla-htlnsr Fire with Kerosene Proves Fatal to Mrs. Showatter of Lovell, Wyo. BASIN. Wyo., Feb. 14. (Special Tele gramsMrs. L. A. Phowalter of Lovell, Wyo., and two children, were burned to death In their home early Monday morning from flames caused by the explosion of coal oil tn lighting a fire. Mrs. Showalter arose early to prepare breakfast, and wish ing to hasten the fire used coal oil from a large can. The kindling not responding as rapidly as desired, more oil was poured, wl Ich was followed by the can exploding, Before her husband, who was some dis tal ce from the house, or neighbors, could reach the panic stricken woman the flames had grown to such proportions that rescue of the wife and babies was impossible I BURLINGTON BRIDGE BURNS Workmen Leave Shaving's Near New Span of Strnctnre Over Sho- shone at Lovell, Wyo. BASIN. Wyo., Feb. 14. (Special Tele gram.) The Burlington railroad bridge over the Shoshone river at Lovell, Wyo., was burned Sunday night. All traffic Is Inter rupted. Passengers were transferred la'.e totfay by means of wagons over the frozen river. It Is supposed that shavings left by bridge carpenters working on the new span recently completed caught fire from live coals from the fire box of an engine and burned the structure. Wealthy Man Manas Himself. DAVENPORT. Ia.. Feb. 14-Speclal Telegram.) Hero Hulamann of Brooklyn Ia., hanged himself with a towel tn Jiill here today. He attempted suicide last Saturday by jumping Into the Mississippi river and after being rescued asked that he be, detained until he could be sent to t hospital for the Insane for treatment. He was an old employe of the Rock Island railroad and left property valued at $10,000 Beheading Violet Market Some way the abrupt demise of St. Val entine got mixed up among the traditions with a now nameless pagan feast day, so the on best guess Is that we are now re membering a Christian saint with heathen bullday. On the fifteenth day of February the little Roman girls and boys used to trace each other's name scratched on bits of parchment. Now, behold the paper lace and gilt creations. umana remembers St. Valentine with social affairs, mostly for the young folks The practice of giving flowers as Valentine day gifts has grown so general that on this day the florists boost their prices regularly. The confectioners do very nicely too. But It's all because Emperor Claudius got aors, i 4 7 ' From the St. Louis Globe-Democrat. RACE FOR SINKING LIMA Five Boats Are Making , Strenuous Effort to Save Passengers. THRILLING STORY OF RESCUE Two Usslred and Flvigerna Taken Oft Vessel DarlWg Storm When Life Boat la " Lost. ANCTTD. Chile. Feb. 14. The Chilean cruiser Mlntstro Zenteno and five steamers of the Pacific Navigation company are racing south today - in the desperate hope that they may save the etghty-etght per sons who, when last reported, were clinging to the stern of the British steamer Lima as the vessel was pounding Itself to pieces on a reef In the Huamblln passage In the strait of Magellan. - Two hundred and five persons were taken from the wreck by the British steamer Hatumet, under difficulties whtch finally compelled the Hatumet to abandon the rescue work. Four of the Hatutnet's crew sacrificed their lives before their captain commanded his orew to cease their efforts. The Hatumet has arrived here and today Its captain told the story of the wreck and rescue. He said: "When we sighted the wreck we put out our small boats, which closely approached the stern of the Lima, where passengers and crew had gathered. We made a con nection between the two vessels with 600 fathoms of cable and were successful In lowering SOS persons into our small boats and In getting them upon the Hatumet "Heavy seas were rolling, which made the work of rescue perilous and finally the Lima's end of the cable slipped from Its stern and became entangled In the rocks. ' Without the aid of the cable we could not reach the wreck and but for this accident all would have been rescued. "In the Increasing seas our boats made futile efforts to reach the wreck. The Lima threw out another line, which our chief mate made a daring attempt to pick up. The second connection was eventually made, but the line, suddenly tightening upset one of our small boats and our chief mate, ship's carpenter, the fourth engineer and a steward were drowned. My boat rescued the others of the small boat's orew. "I signalled the captain of the Lima that we had but one small boat left and that as this was badly strained we had better pro ceed to Ancud for further assistance. "The Lima had a strong list to star board and Its port quarter Is under water. It had seventeen feet of water tn its. engine room. When we last saw It it lay in a dangerous position and was striking hard. "It struck during a heavy fog and In a stormy sea and will be a total loss." The rapid growth of Bee Want Ads is an evidence of the value of adver tising. 1 Since Tbe Bee began to tell the people what treasures these little things are, everybody Is using them. . Bee Want Ads will sell any thing in the round world'. If you can't come down town, and are pajlug rent on a 'phone, It will be all right to call Douglas 238 for whatever yon wish Seven Burned in Explosion on Torpedo Boat Boiler Tube Bursts as Vessel is Pre- parmg Jo5J3peed:-Test--Two . ' May Die. ' " SAN DIEGO, Cal., Feb. 14 Seven men were badly burned, two possibly fatally, by the explosion of a boiler tube In the forward fire room of the torpedo boat de stroyer Hopkins at 7:30 o'clock this morn ing. All of the Injured now are In a hos pital In this city. Three of the men were burned In a he roic effort to rescue their screaming com panions in 'the fire room. - The injured: 'R. E. Taylor, first class fireman. J. F. Hunt, chief water tender. E. A. Clary, water tender. m W. A. Neabe, first class fireman. . J. B. McNeerlln, first class fireman. T. J. Brown, coal passer. B. A. Carletlllo, second class fireman. Taylor and Carletlllo may not survive. The explosion took place half an hour before the torpedo fleet was to put to sea on a speed trip to San Pedro. New Wealth in Alaska Placers Recent Investigations by, Government Survey Promise Very Heavy Yield in Gold. WASHINGTON, Feb. 14. Alaska, which Secretary palllr.ger has frequently said is America's prise package, may be a greater prixe than man has ever dreamed. Recent Investigations In the Ir.ncko district, the Central Kuskokwlm valley and the new Haiditarod district, row partially finished by the United States geological survey, disclose new placer gold districts which promise very heavy returns. The territory bought froin Russia for 17,000,000 In 1867 has to the present time paid SlfiO.000,000 In gold alone since 1S80, when placer mining there began, and what the resources of its copper, coal and other minerals will bo Is beyond the estimation of man. Omaha Girl Wins First Federation Scholarship Miss Juliet Stuart Points, an Omalia girl, has been awarded a scholarship of fered by the General Federation of Women's Clubs. She won this honor In competition wrth a large group of candi dates that Included representatives from every state In the union. This scholar ship is supported by a fund to which the Nebraska club woman contribute. Miss Points was reared In Omaha. Her parents were married here and for a time her mother was an Instructor at Central school. Miss Points has been a tutor to children In the Harrlman family. The young woman is now an assistant tutor In history at Barnard college, of which she la a graduate, having been a member of the class of 1!07. This winning of the prise is regarded as a high honor, as those who take part in the competitive examination come from all parts ot, the country. One candidate la chosen as a representative of each state. Miss Points was selected 'as the represen tative of New Tork and also stood to up bold bsr alma mater, Barnard. The only DEMOCRATS FEAST AND TALK Dollar Dinner Draws Many of Them to Lincoln. GOVERNOR FOR DAYLIGHT LAW Declares PaWy Showld Stand firm on this Act, Admittedly Most Radi cal Since Slocmnb Act. (From a Staff Correspondent.) LINCOLN. Feb. 14. (Special.) The demo cratic dollar banquet was held tonight at the Lincoln hotel, the dining room of which was comfortably filled with members of the party from various section of the state. G. M. Hitchcock, who was to be one of the speakers was not present, having sent a letter Instead of coming. This was read. The speakers were Governor Shallenberger, Mayor Dahlman, W. H. Thompson, R. L. Metcalfe, James A. Reed of Kansas City. In his speech Governor 'Shallenberger said In part on the subject, "Nebraska Democracy:" "I come to you tonight as a messenger of glud tidings and great Joy. Never in a generation has the outlook for democratic victory either In the stato or nation been as bright as at the present time. The country-at-large Is ripe for democratic tri umph because It has come to see that the party In power Is -either unwilling or un able to accomplish the reforms demanded by the people and the promise of which have given the republican party so long a lease of power. "I have every respect, consideration and admiration for an Insurgent republican, for I see In htm a long-lost brother who has finally discovered the light of democratic truth rising above the national horizon, and who has the honesty and courage to say that it is the sun of righteousness that appears, though Its shining shafts of light, but serve to glorify and make plain the eternal truth and justice of democratic principles and its shadows to make more dark and dismal the failure of the party In power to carry out Its pledges to the people. "The only thing our Insurgent t friends fall to do Is to proclaim the real remedy. Hours may be spent In preaching political nostrums as remedial agents, but the only radical cure is to vote the democratic (Continued on Second Page.) condition Imposed upon the candidates to make them eligible was that each must be a student or a graduate of some Ameri can college. Only women are permitted to try for the prise. . The examinations were conducted along the lines of those held for The Rhodes scholarships. The scholarship Is for the English universities. The rivals of Miss Points for first honors represented the flower of higher education among women throughout the country, and the New York glii had her work cut out to win the award.. She Is the first American girl to win the prise, the scholarship having been Inaugurated last November by the General Federation of Women'c clubs. Miss Points says that she Intends spend ing the next two years of her scholarship in Investigating social and economic con ditions In European cities. She has al ready considerable experience in this work, havng been a member of ,the immigration commission In 1008 and having made a tour of Inspection through the big American cities. She lives at Brook Hall, the Bar nard dormitory Documents from Land Office Files Found in Glavis' Effects. SAYS STORY IS A 4 TRAME-UP." Denunciation of Alleged Trick Brings Applause from Spectators. CHARGES AGAINST BALLINGER Witness Makes Specific Statement of Allege Arts of Wronitdolns on Part of the See retary. WASHINGTON. Feb. 14.-The Ballinger- , Plnchot congressional Inquiry began to bristle with Interest today, when John J. Vertrees, counsel for Secretary Bellinger, undertook the cross examination of Louis R Glavls.prlnclpal witness for the "prose cution." The climax of the day was reached late in the afternoon session, when Mr. Ver trees announced that a box belonging to Mr. Glavis and left In the grand jury room at Seattle had been broken open a few days ago and that a number of letters missing from the files of the land orflce In Seattle, copies of which have recently been published in a weekly paper, were found therein. Glavis angrily declared that if any let ters had been found In his belongings a "frameup" had been prepared against him. His denunciation of federal offi cials who would stoop to such a trick to secure the favor of their superior called out a demonstration of applause from the spectators, which c'ised Chairman Nelson to announce that a repetition of the out burst would result in the room being cleared. Gallery with Glavis. " Throughout the hearing the sympathies of the spectators, a great majority of whom are women, have clearly been with Glavis and they have laughud with satis faction as he has made points against his questioners, who In the past were members of the cmtnlttee and today were counsel for Mr. Ballinger. Mr. Vertrees announced that C. A. Christiansen, Glavis' successor as chief of field division, would be called to testify to the finding ot the letters. He offered In evidence a letter from Christiansen giving the details of the alleged discovery and the committee got Into a long wrangle as to whether or not It should be received In evidence at this time. The matter was put over for consideration tomorrow Jj executive session, ' No Charsres of Corruption. At the morning session Mr. Vertrees drew from the witness the fact that he made no charges of corruption against anyone In the land office or the Department of the In terior. Glavis deolared that if tie had found evidence of corruption he would have taken the matter to a grand Jury Instead of to the presidents' He said he thought the facts warranted the opinion that Mr. Ballinger and Mr. Dennett had acted Im properly and he had charged them with official misconduct. Through a process of elimination the wit ness cleared all of the other offlolals of any. willful wrongdoing. Ho asserted he was fully convinced ithat the facts he had offered In evidence had warranted the judgment that neither Secrotary Ballinger or Land Commissioner Dennett was fit to hold an office of public trust. As to Assistant Secrotary of the Interior Pierce, Glavis declared he had rendered an erroneous Interpretation of the coal land law of May, 1308, and that this decision, while not an act of wrongdoing, Indicated that he was not fit to fill the office ho now holds. Dennett, Glavl declared, was nothing more than a "tool" for Ballinger and "would do anything Ballinger said." Chances Aftatnst Balllna-rr. At the afternoon session Glavis, in re sponse to a question by Mr. Vertrees, summed up the"Vpeclfhj acts of wrong doing, which he charges against Secretary Ballinger. His statement was a long one, but was listened to with Intense Interest and really for the first time gave a defi nite statement of the prosecution's case. He said: "The first action I would cite Is the ap pearance of Mr. Ballinger In the Wilson coal cases. ' While that was a long time ago and people may have looked at things differently, his action or participation In the drawing up of an escrow agreement to turn over claims that should not have been proved up and have not been proved up, as a matter of fact was criminal. But the statute of limitations have run and the evidence is not quite clear. "Another thing was Mr. Balllnger's ex pressions In the summer of 1907 to Special Agent Jonee, when he knew there hsd been violations of tho coal land laws; his state ment that he was going to Washington to see what congress could do to help the claimant's get patents. "His next action was. this: After giving me the full right and Instructions to make a complete Investigation of all the coal cases, he personally took up an old report by Special Agent Love a few days after and deliberately ordered the Cunningham claims to proceed to patent. Secretary es Lobbyist. "Another evidence that Mr. Ballinger was not trying to protect the people's rights was hie appearance before the public lamia committee of the house In favor of the Calo bill, which carried out the state ment Ballinger made to Jonee that h would do what he could to obtain legis lation which would have enabled theat fraudulent claimants to get patents. II the Cate law had passed it would havt validated the claims. "The next step Mr. Ballinger took wai Ills unprofessional action In deliberately going around and representlg the othei side after having been commissioner of tht land office and having full knowledge of the character of the Investigation w had made. , "Ills next action consisted In asking, In the fall of 1908 when he was In politics, arranging fur campaign contributions ti hold off any Investigation of the coal cases. "In July, 1109, when I saw Mr. Ballinger at his office in Seattle, and told him w had been ordered to proceed to an Imme diate hearing, he knew the weakness ol our case. The greatest weakness was tht affidavit be had himself prepared for Cua-