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[6 PAGES VOL. XXXVII. M MISI.K 188. * PRICE: 40' CENTS I>ER MONTH 'JOKER' IN ROAD BUILDING RULES; FAVORITISM SEEN Highway Commission Vir tually Puts Limit on Competitors ONLY TWO CAN BID Companies Able to Fulfill Contract Controlled by Similar Interests PEOPLE who know anything about highway work In Los Angeles have discovered a "Joker" In the highway commission's latest specifica tions for crushed stono contracts and are beginning to comment or. it. Con tractors and englneei-s who know a great deal about the construction of good roada and have some knowledge of the highway commission's methods believe favoritism in being shown. The "joker" is tbjs—that in the spe cifications recently advertised the highway commission states "the bro ken stone to be delivered under these specifications shall he limestone," and "the contractor shall be required to begin the delivery of broken stone at the rate of 800 tons per day within fifteen days from and aftter the date and award of the contract." Chairman George H. Bixby of tho highway commission, addressing the board of supervisors relative to this contract, explained it would give the small contractors a chance to bid. Under these specllications only two companies, it is said, can bid with any clmnce of fulfilling the terms of tho contract, to wit, tho Riverside Port land Cement company and the South ern California Cement company, both of which quarry Riverside limestone. Competition Limited These aro the only two companies which can get out the stone in the time set by the specifications. There are limestone quarries in Los Angeles county, but they cannot furnish broken rock at tho rate of 500 tons a day fif teen days after the award of the con tract. Consequently the specifications narrow the field of competition down to two companies. Tyler Hcnshaw, vice president 01 tho Southern California Cement com pany, holds a controlling interest in that company, the Riverside Portland Cement company and the Riverside limestone quarries. Last July the board of supervisors, on recommendation of the highway commission, advertised for bidders on crushed stone, specifying a total of 800,000 tons to be delivered within three years and three months, the rates of delivery a day varying according to the class of rock dt-.sired. The Spauld ing Rock company submitted a bid Au gust 2, agreeing to begin delivery in ninety days, the quantity not to ex ceed 1800 tons a day, at 65 cents a ton. A second item of 400,000 tons, not to eceed a delivery rate of 1200 tons dally, the company agreeing to furnish under the same time limits, at 67% cents a ton. The third item for which the company bid included 200,000 tons at 70 cents a ton, the rate of delivery not to exceed 600 tons daily. The fourth item included 100,000 tons to be de livered in two years and three months at 72 Vi cents a ton. Only 20 Per Cent Waste Allowed AU this rock was to be subjected to a 20 per cent rattler test—that is, ouly 20 per cent should be waste. The Spaulding Hock company de posited a bond of jr. 8,000 with the county In guaranty of good faith and ability to fulfill the terms of the con tract. That is the last anyone ever heard of that bid so far as recom mendations of the highway commis sion wero concerned. No,action was ever taken on it and the bond is still with the county, the premiums on which the rock company has paid. Recently the commission, realizing that inactivity would not build roads, and furthermore that fifteen miles of highway between Bassett and Pomona and nine miles between Whittler and I,os Angeles city limits were still un constructed, proceeded to recognize the bid of the Spaulding company and get the work done. Here is where the "joker" was born. One of the members of the commis sion offhandedly dropped something about the intention of the commission to Mr. Hefishaw, who took the mem bers out to Riverside and showed them a road there constructed of limestone. By a strange coincidence just about that time the commission informed the Spaulding company it had decided that company could not deliver the material in time. By another strange coincidence "limestone" appears in the specifica tions, as does the clause of quick de- Excuse Is Given , Chairman Bixby was asked yester day why the specifications called for limestone. Hesreplied that trap rook, to meet time requirements, could not be had. Fifteen minutea prior to that con versation C. A. Thurston, secretary of the Spaulding Rock company, had de clared his company could fulfill the specifications to a letter if trap rock were called for Instead of limestone. He said his company had not even been asked if it could do it. Mr. Bixby admitted trap rock can not be excelled and said the commis sion would rather pay a little more for it than use limestone. "Our engineer," said the chairman, "says limestone is cheaper than trap rock. Wo went over to Riverside and saw the roads that are constructed from it there. We believe they are highly satisfactory." ■ Mr. Bixby's attention was called to the fact that almost all engineers con demn It, especially where It Is being traversed by automobiles, and that in the biggest cities in the east it has been absolutely condemned. "A difference of professional opin ion " he characterized it. "There are limestones and limestones," he argued. "You will admit only two companies can bid under the now specifications?" he was asked. "Yes," he replied, 'Taut circum stances make It so." Cares Nothing for Henshaw His attention was called tc Mr. Hen slniw's interests in the eligiblo bid ders Tho chairman shook his head. "I don't know anything about Mr. (Cuiitlnund oa Pace Two) I LOS ANGELES HERALD INDEX OF HERALD'S NEWS TODAY ■ Fop Los Angeles and vicinity: Fair Wednesday; heavy frost in the morn. Ing if wind lulls; brisk north wind, diminishing. Maximum temperature 63 degrees, minimum 46 degrees. LOS ANGELES Los Angeles lad Is youngest member of American Woman's league and Will be given an education. ■ TAGS 16 Judge Willis allows heavy ball of JlO, --000 each for Mr. and Mrs. George A. Stone. PAGE 9 No change made In rates of telephone companies. PAOB 9 Mexican captured after long chase; ac cused by i two young women of at tacking them. PAGE D Seven named to revise city -charter:' commission appointed to undertake great task. ; PAGE) 9 Keppel will urgo annexation of East 1;"' Hollywood at big meeting to be held tonight. PAGE 0 Two pleas of guttty to murder in the second degree made In criminal courts. PAGE) 5 Condemn supervisors for not appoint ing Ralph Benton apiary Inspector. -y PAGE 8 "Joker" in. specifications for crushed rock for good roads Is said to hare been discovered. PAGE 1 Chief of Police Galloway will make no Immediate changes. PAGE) 8 President of city council (lay* "purity squad" and Police. Captain IMxon for unlawful arrests. PAGE 8 Dr. C. B. Zorflng Is chosen police sur geon by city council. PAGE 5 Police commission, will deal fairly by all liquor dealers as regards sale of business or transfer of licenses. PAGE! 5 Couple accused of crime in connection with, transferring lease unable to ob ' tain reduced bail. PAOB 5 Throe appointments made by mayor to fill vacancies, confirmed by council. PAGE 5 Jilted woman sues man she. Intended to marry for J20.000. PAGE 5 Jury In case of Green and Conner, ac cused of swindling, unable to agree, PAGE' 1 Negro maid Is »tar witness for woman accused of swearing. \ PAGE 7 I/os Angeles high students protest against Increased prices charged i in school lunch room. ."TO' PAGE 7 Dog license tag found In wiener wurst bought by man at downtown market. PAGE 1 Baby heirs of big estate spirited away; aunt recovers them at Riverside. PAGE 1 Aviation field near Los Angeles mode cer tainty; contract for big course signed yes terday. TAGS 1 Father and three sons accused of fraud In connection with management of mining company. >.-*. -tfJ \ PAGE 6 Insurance man's body found In hotel room; coroner will make Investigation. PAGE 16 Horrors of czar's realm are exposed by well known merchant. PAGE 11 Celtic club elects officers at animal banquet PAGE 8 Editorial, Letter Box and Haskln'e letter. PAGE 4 Society and music - PAGE 6 Theaters. * PAGE 8 Marriage licenses, births ana deaths. PAGE 14 News of the court*. , PAGE 5 Municipal affairs. PAGE 5 Markets and financial. .PAGE 13 Automobiles. PAGE 11 City brevities. PAGE 5 Classified advertising. . PAGES 14-15 SOUTH CALIFORNIA Sheriff thinks he knows two men who robbed bank of Highland; - descriptions . sent out. PAGE 14 Couple worked ten years, then quit to have good time in accord with old compact. PAGB 14 Santa Monica planning to beautify grounds of high school: manual training depart ment suggested. PAGE) 14 COAST ;. Two women In San Francisco arrested for wearing aigrettes. PAOE 1 State agricultural society at Sacramento eleots officers. PAOE 3 Widow of eußar king Spreckels dies at San Francisco. PAGE 3 Tleup of U. P. trains In Wyoming due to two operators celebrating. PAGE 3 Officers of U. S. tftrpedo boat destroyer blamed for explosion on the Hopkins at San Diego. PAOE 8 Rapid Transit company will give banquet to members of Pasadena board of trade. PAGE 14 Everett preacher denies wronKdolng; Rev. McKumlree Casey writes letter from Los Angeles. PAGE 16 EASTERN Clergyman's liking for fancy hose and fash ionable raiment costs him his pulpit In La Jara, Colo. PAOE 1 Mackay companies to sell holdings In A. T. & T. company to allay suspicions of com bination. PAOHS 9 Pittsburg coal operators and miners fail to reach agreement on "permissible powder" question. PAQB 8 Naval tug Nina, missing since February 6, reported to have been seen oft Long Island by passing steamer. PAGE 1 Traffic Manager Stubbs of th» Harrl man lines says H. P. road is Cali fornia's baby. PAQB 3 Packers would disprove trust, says fed eral prosecutor at hearing In Chi cago. PAGE 2 GJavis acores another point at congres sional Inquisition. PAGE 1 Solons at Albany, N. T., declared to have been bribed by brldse building company. PAGE 2 Lawyers In Swope poisoning case at Kansas City clash over refusal of attorney for estate to pro<lu4*«i»--tti>rs of specialist. PAGE I Tinman's son loses suit for custody of cnlldren. PAOE 2 FOREIGN French government plans great welcome for former President Roosevelt. PAGE 3 British parliament opened and legislators face difficult problems. PAOE 2 Madrlz troops recapture Matagalpa and revolutionary forces retreat. PAOE 11 Irish Liberal leaders confer with Chancellor Lloyd-George and an understanding Is reached. PAOE 3 MINING AND OIL Mining company operating near Morejiol stops work and Invests In chickens. PAGE 13 Commonwealth mine near Ooldneld may soon bo In shipping class. PAGE 13 Associated Oil company reorganises, giving active control to Southern Pa clno. PAGE II Company organises at Coalings, to tuko over holdings of Edna Ooodrlch Con solidated Oil company. PAGE 13 OH activity grows In Cat canyon. PAOE 13 SPORTING Jeffries and Berber are on the way back to Paelflo coast. PAGE 10 Boxing Is a business. Is opinion of Mem ,. phis Judge. , '■ PAGE 10 Memslo wins In hard fought battle of ten . rounds with Powell. PAGE 10 National commission may fine ' Pitcher .". Kline $1000. i I'AUE 10 American , league holds tarns session 'at Chicago. , .„■ PAGE 10 Western league : will decide schedule for : season's camel. , - . ' ' .PAGE 10 WEDNESDAY MORNING, FEBRUARY 10. 1910. BABY HEIRS ARE SPIRITED AWAY IN A MOTOR CAR Aunt Recovers the Little Claimants of Rich Barnard Estate RELATIVES CONTEST Prominent Persons In volved in Attempt to Get Custody of Tots THE spiriting away of three little! children from a beautiful home at 411 Palmetto drive, Pasadena; an apparent race for the control and cus tody of the youthful heirs to a $500,000 I fortune, with a San Diego state senator | acting for the dead mother's relatives In the east, among them Mrs. Booth Tarkington, wife of the well known novelist and playwright, and the final location and recapture of the little j ones at the Glenwood inn. Riverside, j and their return to Los Angeles in care j of their father's sister, Miss Helen j Barnard of 2711 Ellendale place, Los Angeles, was brought to light by court proceedings Monday afternoon and the recovery of the children yesterday. The struggle for the custody of the ; children was the sudden sequence to the death of Mrs. Julia Fletcher Bar nard, who died at her home in Pasa dena last Friday, leaving an estate valued at $500,000 and a sick husband, J A. Barnard, In Brookline, Mass., where ho had been undergoing treat ment. The children Involved in the al leged kidnaping are Hilda, 8 years old; Julia, 6 years old, and Agnes, o years old. The state senator who is said to have taken them from their Pasadena home to Riverside under instructions from eastern relatives ■is Leroy A. Wright of San Diego. Had Visited Husband Mrs. Barnard returned February 4 from Brookline. Mass., where she had been visiting her husband, a letired capitalist, and making arrangements for his return to Pasadena. Mr. Bar nard owing to sickness, was compelled to go to Brookline for treatment, and has been there for the last five months Mrs Barnard had arranged for him to leavo there February 20, which he WA week after Mrs. Barnard's return $££fe Sath dleM, FBraK fn^med or the supposed intentions of his wife's brother and sisters ln in children. It I* supposed that they ar rived in Pasadena yesterday. ■ - Uoon receiving the information of e^aWT && |c an^reTett;^fO^ua rrdfa a nshai r pd 'for %&££&:•&£ his Swlfe's relatives to gain possession oiJr e wells made this' application Ellendale place. Learns of Escape In possession of the papers -which there about 3io clock „,,(,. i a te Mrs. Barnard, t 111 Palmetto drive where the children had been and were supposed to be. under the care of X French governess, pending the arrival of their father. Much to Miss Bra rrntrd's surprise * ? a a»ton£ h «nent the children were not there, ana sne wfs informed by the governess, who that she was discharged and that he vnrl taken the children away. Mia^B "rnard then began a thorough search for the missing children. She inquired at the neighboring houses and could learn nothing. as •to when the children, had last. been seen or any thing about them. It was feared that the children- had been kidnaped and that in that case they would be taken to some nearby town until a tram could be boarded taking them east ward Miss Barnard at once notified all the towns along the southern coast of the missing children. It was not until 11 o'clock Monday night that the whereabouts of the children was SS when at that time a message was received from Riverside, saying that the children were there, staying at the Glenwood inn. Found at Riverside Miss Barnard Immediately left Los Angeles for Riverside, where she found the three children at the hotel and also discovered that they had bee,n brought there by Leßoy A. Wright, a Btato senator from San Diego and who is Eld to be the attorney for the eastern relatives and acting under their in structions. It was also revealed that tho rartv did not reach.Rlverstde until 10 45 "clock? indicating that the chil dren were secreted in Pasadena until between the relatives of Mr. Barnard 'ml his wife. Although there were Turing the last four years. FRENCH SOLDIERS MASSACRED PARIS Feb. 15.-A dispatch received hv M Troilett, minister of eolonledf French officers and 120 native soldiers were massacred. WILL INCORPORATE HIMSELF ALBANY, N. V., Feb. 15.—Following the example set by Mark Twain torn years ago a New York restaurant keeper has applied to Secretary of State Koenig for papers Incorporating hlmselt New Scheme for Alaskan Land Control Advanced by 'Interests' ~ — -pfyC*-^^ —[ ILL REPEAL.} HOw'lL YOU — -Jiilifr/^--^Pinß M 7/?/A 0£: COAL, [Z-~S»¥i!^^S3 iI B t"HAT'LL you "j t 1 A LOOK AT THE PROPOSED "LEGISLATIVE COUNCIL" FOR ALASKA FINE HOSE COST PASTOR HIS JOB WORE HIS TROUSERS TURNED UP, TOO, IS CHARGE Colorado Minister Ousted for Appear. ing in Modern Attire and Going Skating with Young Folks LA JARA, Colo., Feb. 15.—1f a min ister—a Methodist minister—wears fancy hose, turned up trousers and fashionable shirts Is he a sport and un fit to lead his flock? Apparently the official board of the Methodist church of La Jara and Bowen thinks such a mode of dressing Indicates a "spot," for as a result of charges brought against him, Rev. B. F. Turner, pastor of the church, who came to La Jara from the east three months ago, has resigned and his resig nation has been accepted. When Rev. Mr. Turner came to La Jara he was Immediately placed under investigation. Mrs. Ella Hamilton, one of the church stewards, finally ac quainted the minister with the follow ing belief 3: That ho turned up his trousers. That he wore a cap. That his shirts were fashionable. That his trousers were light-colored. That he went skating with young; people of the church. Summarized, she believed him a "man of the world." Heated discussions before the board resulted in the minister's resignation, but failed to bring harmony, for the church board also has resigned. BURKE DECLARED MAN WHO DYNAMITED TENT Officers of Santa Rosa Say Chain of Evidence Against Doctor Is Complete OKOVILLB, Cal., Feb. «.- The chain of circumstantial evidence con necting Dr. W. P. Burke with the at tempt to kill Miss Luella Smith and her baby by exploding dynamite under their tent house at Burkes sanitar ium near Santa Rosa is complete, declared District Attorney Clarence b. Lea of Sonoma county, upon returning tonight from the Kanaka Peak mines The district attorney, accompanied by Sheriff J. K. Smith and a court re porter, reached Oroville shortly after 11Bo'th ITthe district attorney and Sher iff Smith stated they had obtained depositions from employes at the mines owned by Burke, fully corroborating the reports that Dr. Burke came to the mines on December 19 and took away with him six sticks of dynamite, fuse and caps. The depositions were made by Thomas Kiley, a miner, and James Hedges, foreman of the mines. District Attorney Lea states that on arriving at the mines he and Sheriff Smith found that Kiley had been dls rlKirged yesterday on imperative orders from Dr. Burke. GRANTS STAY OF EXECUTION COLUMBUS, 0., Feb. 15.-The state supreme court today granted the mo tion for a stay of execution in tho Judgment of tne Franklin county cir cuit court In the case of the Hocking Valley Railroad company against John M Sheets, attorney general. This means the company will be unable to continue to own stock Irf other cor porations and to do other things of Which the state complained, pending Urn rovlow of the Judgment of the clr «ul( court by the supreme court. DOG LICENSE TAG IN HOT 'WEINIE' TELLS ITS OWN SAD STORY MYSTERY OF MISSING CANINE IS SOLVED G. E. Sewbright Finds an Answer to the Question Why Is Frank. furter Sausage Called a "Dog" Why Is a wiener wurst called a "hot dog?"—this time-honored query has been answered by Q. E. Sewbright, 712 Solano avenue, who while eating his favorite lunch-wagon delicacy found in it the license tag of a dog that had- be longed to Miss Anna Bell, 300 1-2 South J_ios Angeles street. The destiny that shaped the end of the doggie that frisked to the name of Sparker evidently had a long crank on It and a sort of a hamburg steak ap pliance on the Inside. Like all grue some specters which haunt the dreams of puips, this destiny was a line shaper. It transformed Sparkor into a most an gelic sausage, but the egregious blun der of not putting wings on him to distinguish him from the sausages of earth. If It had, Sewbright wouldn't have had to put in a miserable hour in the den tist's chair. Neither would he get so peevish every time anybody whistles, "Oh,. Where, Oh, Where, Has My Lit tle Dog Gone?" Mr. Sewbright doesn't know where the whole of Sparker has gone and, what Is more, he doesn't give a tinker's darn, but he can't get away from the fact that he knows where a part of her wont. He is trying to forget, but every time he passes a meat market he has a feeling as if he had a jelly fish caught in his throat. The ghost of the sausage mill got poor Sparkor's goat some time ago. The mystery surrounding her tragi? end will never be known, that is, no body will ever make a confession while Mr. Sewbright lives. Suffice it that the little Scotch terrier never came back to Miss Bell, from whose home she strolled away one fine day over a week ago. Monday night Mr. Sewbright, who is, or rather was, very fond of "welnien," went to a certain meat market in Los Angeles and bought a string of them. If there was anything that Mr. Sewbright used to enjoy it was a few frankfurters for his supper. That was before Sparker and her long-handled destiny ""Yura-ra-m-m! Ah-h-h-h! Fine!" gurgled Mr. Sewbright, as he maahed up one after another of the "wienies." His appetite egging him on, he closed upon the last one. One bite and the storm broke! "Ouch!" he yelled, letting the man gled sausage flop into his plate. "Great ghost! what's that?" From his teeth clattered a small piece of brass. His eyea sticking out with pain, Mr. Sewvrlght hung onto his jaw a minute and then Inspected the tor turing monstrosity. It was slightly convex, like the badge on a conductor's cap. He rubbed clean the convex side and read: "Dog License, No. 4413." A sickly pallor spread over his face, and he clapped his hands over his eyes to shut out the awful spectacle that lay, half oaten, on his plate. "A-ugh, a-ugh, a-ugh!" he enthu siastically exclaimed and then went away from there. He Is convalescing now. He took the peice of brass up to the city hall yes terday. Kd Lovle, in the city clerk's otM-e, helped him look it up. It was Anna Bell's dog all right. "The next time I want to oat a dog," growled Mr. Sewbright, "I'll eat him alive. It's bad enough to eat one dis "gulsed as a sausage without having to gulp down collar and all. By the way, I wonder who got the rest of the , collar?" CTVPT 1? rTI"PTT?C • HAH-Y, 2ej SUNDAY," Be »IJN (jLJiI J Jl.ks .ON THALVS, 6 t CENTS * AVIATION FIELD MADE CERTAINTY CONTRACT FOR BIG COURSE IS SIGNED Arrangements for Year.Round Experi. merits and Annual Contests at Playa del Rey • Completed Los Angeles will have one of the greatest aviation fields In the world through an agreement reached last night between the Los Angeles Mo tordrome company and tl.e Aero club of California. A flying course five miles long, if necessary, buildings in connection costing practically J7OOO and all arrangements for year-round ex periments and great annual contests are all provided for the contract signed last night by General Manager F. E. Moskovics of the Motordrome company and President H. La V. Twining of the Aero club. Work will be started this morning, according to a statement made by Manager Moskovics, on the long aero plane shed. When completed they will provide room for fourteen machines, and will be equipped with a complete machine shop for constructing and re fitting aeroplanes. A clubhouse exclusively for aerial enthusiasts will be built near the aero plane hangar. The course will be laid out adjacent to the buildings and the motordrome, utilizing the long reach of Hat country east of Playa Del Hey, and reaching up to Venice. If the Interna tional Aeronautic federation rules re quire it a course five miles in length may be laid out here, but the first course probably will cover not more than three and one-half miles. The Gill-Dosh aeroplane was the first to try out on the new aviation grounds, but the Smitli and Eaton- Twining aeroplanes will follow. Plans are being worked out by the Aero club members to secure an aeronautical engine, and in this Manager Moskovlcs has promised his co-operation while in New Tork later this month. Howard W. Gill already has made three flights with his machine, but damaged it badly yesterday when he attempted to fly with a strong wind. The aeroplane hit the ground with one of the planes, knacking off an aileron and an end of the plane. The big motordrome track 1s tuffi ciently completed to allow a racing au tomobile to be run on a section of tt, and automobile and newspaper men will go down to the track this fore noon to see the feat attempted and to learn Just how Jack Prince's plan for making a mile In thirty-five seconds is to be accomplished. TWO ARRESTED ON CHARGE OF POSSESSING AIGRETTES Fashionable Milliner and Jeweler of San Francisco Are Taken Into Custody SAN FRANCISCO, Feb. IB.—Charged with having aigrettes in their posses- Bion, Mrs. Jane Doe Bagnalls, a fash ionable milliner of this city, and Charles Isaacs, manager of a local jew elry firm, were arrested today on war rants Issued at the v Instance of Wil liam Finley, secretary of the National Association of Audubon societies. Yesterday Finley seized an aigrette decorated hat from the millinery store In which Mrs. Bagnalls is Interested and a Bhort time later he took some of the feathers from the show window of the Jewelry store managed by Isaacs. These are the first arrests made since the passage of the law naklng ft a crime to have possession of aigrettes. CENTS GLAVIS SCORES ANOTHER POINT AT INQUISITION Deposed Field Chief Told to Answer Questions as He Sees Fit PUBLIC IS AROUSED Exposure of Scheme to Take Land Control from Congress Criticised ESpeclal to The Herald.] WASHINGTON, Feb. 15.—John J. Vertrees, attorney for Secretary Ballinger at the congressional inquiry Into Ballinger's conduct of of fice, today resorted to every possible effort known to the legal profession to confuse and belittle Louis Glavis, field chief of the forestry bureau deposed by President Taft for his activity in exposing the questionable methods of the department of tho interior and for his friendship to Pinchot. The efforts of Attorney Vertrees, however, were unavailing, and 'as »a climax to the strenuous fight made by the defense to exclude certain testi mony and conceal important facts by limiting Mr. Glavis' replies to mono syllabic admissions, the congressional committee ruled in favor of the dt posed Held chief, stating that he should be allowed to answer each question fully and as he deemed best, adher ing, of course, to the main essentials of the question. As on every day previous, there was a large- attendance at today's hearing, the number of spectators undoubtedly exceeding that of Monday. This was due, perhaps, to the fact that the ex posure yesterday of Ballinger's plan, sanctioned by Prer'^nt Taft, to take the control of the Alaskan public lands away from congress and permit the proposed Alaskan legislative council to decide their disposition, called forth much unfavorable comment and In creased public interest in the inquiry. Whitewash Expected It is a common subject of contro versy in Washington that the present congressional inquiry, unless the Dem ocratic and Republican insurgents can assert their power, will result In a whitewash for Ballinger, and that any action taken by the congressional com mittee in the matter will eventually be invalidated. It is pointed out, on. the other hand, however, that although the "interests" have a powerful lobby and have received the encouragement of Taft and the "regulars," the evl dence looks dark for Ballinger, and the president may be forced to act di rectly on the findings of the committee If the latter reports unfavorably for Bill linger. Mr. Vertrees today examined the witness almost wholly on the docu mentary evidence, and it was neces sary to read much of this anew that he might properly frame his questions. This required much time and made the proceedings decidedly dull. Counsel for Mr. Ballinger protested once against Glavis' discoursiveness, but Glavis appealed to the committee and it was decided that he could make his explanations however ho desired, whether they were relevant' or not. Mr. Glavis speaks with a decided drawl and some hesitation, and his long statements seemed greatly to ir ritate Vertrees, while Attorney Bran dels, representing the "prosecution," sat with a contented grin the whole day long. Subpoenas were Issued today for a number of witnesses who, Mr. Ver trees announced, would give testimony as to the finding of twenty-four official letters which had been missing, boxes left by Mr. Glavis In the grand jury; room o» the Seattle federal building. Lawyer's Contention Mr. Vertrees devoted a large part of the day to bringing out the fact that ■when Mr. Glavis protested against the clear-listing of the Cunningham claims by telegram on January 22, 1908, tha order for clear-listing was immediate ly revoked without awaiting further explanation from Glavis, and that this state of affairs has continued down to the present time. The inquiry will be resumed tomor row afternoon. Mr. Vertrees questioned Mr. Glavis about the memorandum he assisted In. preparing on which Assistant Secre tary Pierce rendered a construction of the new coal lands law of May, 1905. Mr. Glavis testified yesterday that this opinion, to his mind, showed Mr. Pierc* to be unfit for his office. Mr. Vertrees sought to show the Cunningham claimants, having decided to stand for patents under the old law, were specifically excluded from con sideration in the Pierce opinion. The attorney also sought to show that At torney General Wickersham did not overrule Mr. Pierce, but substantially sustained him in every essential par ticular. All Mr. Glavis would admit In this connection was that he certainly did not intend to exclude the Cunninpham claims from consideration, and that while fihe attorney general may have construed the law as Mr. Pierce did, the witness did not think p-o. "But you condemn Mr. Pierce on your construction of the law?" "Yes, sir." The morning session had not pro ceeded far when Vertress and the wli ness had another clash. The attorney wanted direct answers; Glavis wanted to explain every answer by rsffriitiK to reports, etc. Vertrees once ;. with: "If your honor please;" then he cor rected himself by saying, "Mr. Chair man." The committee ruled to let Glavis give as many and as long explanations as he desired. Alaskan Coal Cases Vertrees then took up with Glavis the character of his instructions as to the investigation of the Alaska coal cases. Glavis said it was his purpose to examine all the 800 or 900 cases be fore reporting on any. Vertrees then road from the record Balllnger's original instructions to Glavls, which was to file separate re ports from time to time, to the end that quick action might be taken. Vertrees sought to show that it was Glavis' action In not submitting Bep arate reports from time to time which caused all the trouble. Glavis said he deemed his way of conducting affairs the best. At one point of the examination Brandeis answered for the witness. (Continued on !••«» >>•)