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Show PIERCE ON THESTANO Utah Man in Defense of Secretary of the Interior Washington. April 15. Frank ; Pierce, Hr8t assistant secretary of the , interior, who began his service under , Secretary Garfield and was continued j in ollleo by Secretary Balllnger, was the witness before the Ralllnger PIn- i chot committee of Inquiry when Its Eesslons were resumed todav. Mr. Pierce took the Btand late Saturday Sat-urday afternoon and, after detailing at sonic length the multitude of duties du-ties of the secretary of the interior, be declared that Mr. Balllnger soon after taking oflke turned over to him even thing In connection with the Cunningham conl claims. Just before adjournment was taken, last Saturday. Mr. Plerco testified that Mr. Balllnger bad not at anv tlmo attempted to interfere with his direction di-rection of the case or to Influence his action. Before Mr. Pierce resumed the fltand. Attorney. Urandels made a lengthy atatement, charging that the Interior department had failed to fur-nlBh. fur-nlBh. certain correspondence called for by him. In a letter to tho committee, dated January 27. Mr. Brandels said the correspondence related to tho statement of Attorney General Wick-ershnp Wick-ershnp that Glavls had been guilty of "habitual procrastination'' In failing to institute suits against claimants of Alaskan lands He said he expected to show by this correspondence that Glavls had not been negligent In tho matter. Chairman Nelson told Mr. Ltrandeis, to write a letter, enumerating the papers pa-pers needed,' und he would see that they were forthcoming from tbe department. de-partment. Mr. Brandels said all he could do would be to repeat his re-quest re-quest of January 2th. 7 . Attorney Vertrees said be resented the imputation of opposing counsel that papers had in en withheld by the department. "That Is not true: thero Is not a word of truth In It," said Mr. er-trees er-trees Tho committee then adopted a motion mo-tion that the department be asked to produce the correspondence demanded by Mr." Brandels, and Mr. Pierce resumed re-sumed his testimony. Mr. Pierce denied that he had told ex Governor Moore, one of the Cunningham Cun-ningham claimants, that he could have his patents without an examination, under the new law of May 2S. 100S. Ho tald Land Commissioner Dennett had construed the law differently and had told Moore ho could have Ms patents without a hearing. During the winter of 190", Mr. Pierce said, the Cunningham claimants claim-ants -bad maintained a strong lobby iu Washington and had exerted powerful lnlueuco8 on Secretary Garfield and congress to secure their patents. Mr. Pierce said he stipulated with John P. Gray, one of tho counsel for the Cunningham claimants, that the cases should not be heard before the Juneau register and receiver, who ordinarily or-dinarily would havo had Jurisdiction, because the receiver's son was one of the claimants, and because he realized real-ized that tho same Inlluence would be exerted with these officers as was apparent ap-parent in Washington. Ho thought (Continued on Page Seven ) claimants nor tho sovH.inent would have an appeal f"1 h' derision. How do vou rcc.r,icll- your Judicial function, w'th that of prosecutor?1' Inquired In-quired Senator Kot. That Is a question which has bothered both-ered rae a dt,a. " replied Mr. Pierce H 'expressed tho opinion thai: thai prosecution of land case should rest with the department of Justice Ho explained, however, that when hii oftl clal of the general land office appeared ap-peared before him In the role of pmse. cutor he considered them as such, and did not allow the fact that they were government officers to Influence hi decision. Representatives draham and James sought to obtain ad admission from the w'tness that his administration In any case would he subject to rex lew hv tho secretary. Mr. Pierce said ho supposed the secretary would have a legal right to do so. but he rould not recall any case where the secretary had reversed or revised a decision of one of his assistants. "I want to say right hero." exclaimed ex-claimed Mr. Pierce, ' that no decision will be announced In these Cunningham Cunning-ham claims until every one of tho twenty-five lawyer? In m department have made an exhaustive examination of the record When this Is done. I shall send tho record to the department depart-ment of agriculture and ask lor a similar sim-ilar careful examination at the hands 1 of the large force of lawyers there " "Is this extraordinary care which you propose to give thet.e canes due to the magnitude of the claims or the publicity which they have attracted?" asked Mr. James. "Doth," retorted the witness. The luncheon recess was taken at this time. PIERCE ON THE STAND (Continued From Page One.) these Influences might warp their judgment. The committee questioned Mr. Pierce along lines regarding tho Cunningham Cun-ningham claims and as to whether he would be, in effect, the court of last resort in deciding whether the claim ants were entitled to their patents. The witness roplled that neither the |