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Mr. JEFFERIS. Mr. Burke, Mr. Ballinger, having known the law on the statute books, as you have mentioned, can you give this committee any reason why he did not proceed according to the statute during the time that he was rendering these services, or claimed services?
Mr. BURKE. I certainly could not give any reason. I said in my statement that I presumed it was for reasons best known to himself. I do not know whether he did it without knowing the law or whether he did it regardless of the law, thinking that he could get compensation anyway, I do not know.
Mr. HAYDEN. I asked Mr. Ballinger that question when he was testifying before us, and I gathered from his reply that he made no tender of contract because he was well satisfied it would not be approved.
Mr. BURTNESS. That was it exactly; that they were taking a position that was contrary to the wishes of the bureau at that time,' and that it would not be approved, and that was the reason why he did not present the contract. I think his testimony covers that.
The CHAIRMAN. Are there any other questions that anyone desires to ask the commissioner?
Mr. BALLINGER. Mr. Chairman, could I ask the commissioner just a question or two, to clear up a matter here?
The CHAIRMAN. I do not think we ought to go into that. We cailed the commissioner here this morning to hear his testimony, after having had an opportunity to study the hearings; Mr. Ballinger has had several days in court; I think he stated his case quite fully, and if we open it up again there will be no end to it, and I think we ought to close the hearing right where it is now.
Mr. DALLINGER. I move it be closed.
The CHAIRMAN. You have heard the motion that the hearing close now.
(Thereupon, at 12.10 o'clock p. m., the committee went into executive session.)