Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1909-12-24
BALLINGER ATTACKED.

severely attacked on the floor of the House
OF Representatives on the 10Th instant by
Representative Hitchcock, of Nebraska. in
a speech in advocacy of Congressional
investigation of the General Land Office.
From his place on the floor the Nebraska
member openly accused Mr. Ballinger of
having "brazenly violated" the law which
Government to appear within two years as
an attorney for any claimant before a de-
partment in which he had been an officer,
He stated that within few weeks after
the expiration of Mr.. Ballingers term as
Commissioner of the Land Office, before
which the Cunningham coal lands case was
pending, he appeared before the Land Office
as paid attorney" for the Cunningham
interests
| Mr.. Hitchcock told the House that he
| for one believed the accusations of fraud
made against those interested in the Gun
ningham claims by L. X. Gavis, the former
employe of the Interior Department who
was summarily discharged by President
Taft upon Secretary Ballinger recommen-
dation. Mr.. Hitchcock believes the dis
charge of CLAWS was due to Claws zeal
! in protecting the public interest, but said
that the specific ground upon which he was
discharged was that he had Criticised his
superior officers"
The speech of Representative Hitchcock
attracted great interest in the House and
is looked upon as reopening the entire
Plnchot-Ballinber controversy, which the
Administration has been DESTROYS of quiet
ing. Mr. Hitchcock has introduced a reso-
luton calling for thorough Congressional
investigation of the entire public lands
service, and it is pending before the House
Committee on Rules. 1t is not believed that
Speaker Cannon will allow the resolution
to be reported back to the House, but Mr..
Hitchcock says that if the resolution is not
reported he will make fight on the floor
to have the matter forced into the arena
for consideration.
After reviewing the relations of CLAWS
and the Government, Mr.. Hitchcock said
in his speech:
THE records show that CLAWS believes
he had found evidence showing the fraudu-
lent nature of these Cunningham claims,
and now remember, when speak of these
claims as fraudulent, | speaks of claims
that have since been found fraudulent and
confirmed as fraudulent by the present At
tOrney-General of the United States. He
reported his evidence to the department or
to the Land Office. He also reported that
he had discovered that the men behind
this Cunningham syndicate of 5000 acres
were the Guggenheim company, who had
already absorbed to a large extent the
great copper interests of Alaska. He then
reported to Commissioner Ballinger that
one of the land claimants of the Cunning
ham group had refused to answer ques-
tons and had given as his excuse that Mr..
Ballinger had advised him not to do so
until the charges had been made, so that
he would know what he had to meet Mr.
Ballinger. then Commissioner of the GEN
eral Land Office and now Secretary of the
Interior. advising a claimant to be quiet
and not to give his testimony not to make
Fhis affidavit until he knew what the charges
brought against him were. What business
has the Land Commissioner to advise
claimant in his interest when he represents
the Government of the United States?
Secretary Ballinger, when Mr.. CLAWS
was discharged. made no reference to this
statement, but that is the official report
In December, 1907. CLAWS came to Wash
ington and again reported to Commissioner
Ballinger that the Cunningham claims were
fraudulent. He said that the Department
of Justice-here's threat from an infe-
rior. but ii shows the desperate condition
| to which CLAWS was reduced-he told the
Commissioner then that the Department
of Justice would investigate this land mat
ter If the Land Office would not. Ballinger
then admitted that he was friend of
the claimants, but told CLAWS to 90 on with
the investigation. CLAWS went West to do
so. Within 10 days after that Commission
er Ballinger wired Special Agent Love,
then in Alaska, to forward a plat of the
Cunningham claims for patent. That is all
of record. Three days later CLAWS was
notified by Assistant Commissioner Den
nett that the Cunningham claims would be
approved for patent or had been approved
for patent. CLAWS telegraphed his protest
to his superior officer, Then Ballinger re-
vOked the order. The loyalty and courage
of CLAWS had again forced delay
"A few days before Commissioner Bal
inger retired from the Land Office he APP
peared before the Public Land Committee
the so-called Gale bill, the effect of which
would have been to legalize the frauds
which CLAWS had discovered. The commit
tee refused to report the bill, and in March,
| 1908, Commissioner Balinger retired from
office
within few weeks after his retirement
he appeared before the Land Commissioner
and the then Secretary Of the Interior in
the interest of these same Cunningham
claims-a paid attorney appearing before
the Land Office. which he had just left a
| few weeks before. Now there is law in
the United States which makes 1t unlawful
for an officer to appear within two years
as an attorney for any claimant before a
department in which he has been an officer
| Commissioner Ballinger violated that direct
statute, braZenly violated it, and it shows
the interest he had in the matter constantly
of these Cunningham claims, whether he
had been the Commissioner of the General
Land Office or the attorney for the claim
ants outside. Less than year after this
time Mr. Ballinger is made Secretary of
the Interior, with full Jurisdiction over the
| Land Office. He again comes into power,
| higher in position than before. Again,
when he becomes Secretary of the Interior
pressure for the perfection of the Cunning
ham claims develops. Mr.. Claws again
resists. Mr.. Ballinger became Secretary of
the Interior in March, and in April the
Land Office issued instructions to Claws 70
make an immediate report upon the Gun
nngham claims.
"Gavis stated that he could not do so
at the time and he was then instructed
by wire to make his report within go days.
He protested against that and stated that
it would not be possible to make an in
vestigation of the claims in the field until
summer. He came to Washington and in
terviewed Secretary Ballinger and the Com
missioner of the Land Office. and then an
effort was made by the Secretary of the
Interior, Mr. Ballinger, in which Mr.. Den
nett co-operated. to have $500 acres Of
these Cunningham claims recognized I'M
der a certain act of Congress.
Mr. CLAWS made the objection that the
act of Congress did not apply because the
entrymen had been found guilty of fraud.
and they we're not allowed to combine
fraudulent claims to the extent of $500
acres or TO any other extent. The legal
question there arising. II was suggested
that the matter be left to the Department
of Justice but Secretary Of the Interior
Ballineer and Commissioner bennett con-
cluded, instead of referring it to the Attor-
ney-General that they would get an opin-
inn from Mr. Pierce in the Interior DeDart-