Evening star., 1909-09-11
Presidents Action on the
CLAWS Charges Suggestive.
OPINIONS At VARIANCE
Secretary Ballinger Leaves for Con.
ference With Attorney General.
WESTERN LAND CONTROVERSY
Practice Of Ex-Omcials In Accepting
Cases Previously Considered
In Departments.

night for conference with Attorney
General Wickersham. and his departure
lends renewed significance, in some Of
ficial circles, to thee act OF the Presi.
dent in handing over to the head Of his
legal department for further examina-
ton the CLAWS charges and the replies
Of the Interior Department.
Attorney General Wickersham has .
branch Office Of the Department OF
Justice in New York during the vaca-
ton season. and 1t is assumed that
Secretary Ballinger Is visiting him
there to expedite q report on the Cum
ningham cases.
The fact that Secretary Ballinger's
personal conference Of ave hours with
the President, backed by the reports OF
officials Of the department accom-
panied by the famous three suit caaes
full OF papers, did not warrant the
President In Immediately reaching
conclusion on the CLAWS charges. and
that he turned the matter over to the
investigating and prosecuting branch.
excited general comment in official cir
cles. 1t was increased today by the
knowledge that Secretary Ballinger had
gone for a conference with the Attorney
General.
President Observes Caution.
The conservative opinion was that
the President Is handling this case with
his usual caution and Is giving-not
merely recommending-a square DEAF
to all concerned. But. by the same token.
they admit that 1t promises to be .
pretty thorough deal
A report has been current that the
President had taken out of the hands Of
the Interior Department officials the
further preparation Of rules and regula-
tions for attorneys practicing before the
department and had instructed tie At
torney General to frame a set. This re-
port was discredited at the Department
Of the Interior today.
The department officials have been
working for some time on new rules and
regulations, necessitated by the decision
cent disbarment cases. It is considered
unthinkable that the President would
turn over to another department the
framing of regulations for the Interior
Department.
Public interest in this feature would
concern only a possible change In the rul-
ing OF the department concerning the
practicing of former officials and employees
of the department in land cases Atten-
ton has been directed to this feature by
the criticism OF Mr.. Ballinger for taking
the attorneyship for the Cunninghams In
their land claims Immediately upon re-
Six kuluX ITOIu tie OllCc OK COIuIulBbIOuSE
of the general land Office.
While holding that Office he had pos
sessed facilities for examining all the
documents and testimony on both sides
Of the cases. including the governments 8
own material. and lawyers assume that
such information would be of benefit to
an attorney preparing brief such AZ he
is said to have desired to submit to Sec
retary Garfield in behalf OF granting
patents to the Cunningham ciaimant&
What Secretary's Friends Say.
Secretary Ballingers friends insist that
he was perfectly within his legal right to
take up the attorneyship In the Cunning
ham cases after resigning the once be-
fore which those cases and the testimony
therein were pending.
Acting Secretary Ryan, In Q decision
dated July %. 1904. held that the statute
prohibiting ex-officials from prosecuting
claims before the departments with which
they had been connected did not apply to
land claims. The syllabus OF that deci.
sion as It appears (33 L. D.. l3D follows:
States as employed in section 100 OF the
Revised Statutes, means a money demand
against the United States. and does not
apply to the prosecution before the land
department of claims involving the right
and title to public lands"
Secretary Smiths Ruling.
Prior to that Secretary Hoke Smith held
u7 L. D.. 210 as follows:
"The phrase claim against the United
States as employed in section 100 of the
Revised Statutes. must be construed as
meaning q money demand against the
United States; and it therefore follows
that the inhibition contained In said Sec
ton does not extend to q former employe
Of the general land office. who appears
before the land department on behalf OF
an applicant for a tract Of public land"
Opposed to these opinions was the
decision of Secretary Lamar. published
in The Star last Thursday, but which.
in the opinion of the Interior Depart
these later decisions.
Strong on Ethics.
Secretary Lamar's decision was very
strong on the ethics of the proposition
and his denunciation OF the suggestion
to allow a former official to practice at
once before the department he had rep
resented was very vigorous.
Whether Mr.. Ballinger's course in the
Cunningham employment has made an
acute issue Of this question of attor.
neyship of ex-oficials is not known, nor
is 1t known whether the Attorney Gen.
eral has or has not been asked by the
President to render a new and binding
decision upon that point. There Is gen.
eral curiosity in Official circles upon
these questions.
~ Gpn nN0l OnOnno 11lna r