The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1909-11-09

after your resignation In tne
course of securing the patents
I find the fact to be that, as Com.
missioner, you acquired no knowl-
edge i'm respect to the claims ex.
cept that of the most formal
character, and nothing which was
not properly known to your
clients when they consulted you."
/ do not quite understand the
presidents statement that Mr.
Ballinger had only the most "for-
NAL knowledge" of the Cumming
ham cases. Mr.. Ballinger had all
the knowledge anybody in the de-
partment had, because Special
Agent Jones and 1 told him all we
knew. Mr.. Ballinger knew that
he had revoked the order to pat
ent Mr.. Cunningham's claims on
account of my protest that 1 be-
lieyed they were not bOna-fide en-
tries. He knew, or might have
known, that l then had no conclu-
sive proof against the claims. Mr..
Ballinger had made a statement
to the congressional committee as
to these claims, the nature of the
|defenses, and the legislation
which was needed to make them
valid, and he had ordered them
Investigated by Love, Jones, and
myself. Whether there was any
improperly in his later acting for
the Cunningham group, the presi-
dent is doubtless a better judge
than l. One point, however, is in
teresting in the light of later
events. The president in his let
ter states that Mr.. Ballinger, as a
private. attorney, advised that the
Cunningham group could not OBJ
tain patents-presumably be-
cause the entries were not, under
the law, made in good faith for
the benefit of each entryman.
Nevertheless, the affidavit of MIR.
Cunningham, presented by MIR.
Ballinger to Secretary Garfield
after he became attorney for the
Cunningham group and other
Alaska coal claimants, and which
attempts to explain away the
fraudulent character of the
claims, is now the chief obstacle
to government success in the
Cunningham cases.
Nor do l understand why the
president puts so much stress on
the fact that Mr.. Ballinger re-
ceived only $3.50 for ten or fiji
teen days services and the ex-
penses of trip from Seattle to
Ohio and Washington. Even if
that be credible, Mr.. BaIlinger was
then attorney for other Alaska
coal claimfuts, and according to
sworn information made to me in
the course of my investigation, for
at least one congressman interest
ed in Alaska coal lands.
From October, 1908, when ]
was directed to continue my in
designations of the Alaska coal
land cases, until March, 1909,
was continuously engaged in that
and other work in my depart
ment.
In March, 1909, Mr.. Ballinger
became secretary of the interior,
succeeding Hon. James r. Gar
field. On March 10 (six days
after Mr.. Ballinger took office) |
received telegram from Mr.. Den
nett, then commissioner of the
general land office, directing me
to submit at once complete re-
ports upon the status of my inves-
tigatiOn of the Alaska coal cases.
On April II, 1000, L received a
telegram from the general land
office saying that the Alaska coal
investigation must be completed
within sixty days.
The chief of field service and
I had agreed that a field exam
nation of the Alaska coal lands
in question was necessary to show
whether the claims in the various
groups were being developed sep
|arately or together. Thus, If a
field examination should prove
that all the claims of the Cum
bingham group were as a matter
of fact being worked together
that fact would be highly indica-
tive that the entries were made
with that intent. Such a field
investigation could take place
only in summer. / therefore pro-
tested repeatedly to the land of
flee that the cases should be post
poned until fall.
In May, 1909, ! came on to
Washington, and consulted as to
the Alaska coal cases with Secre-
tary Ballinger, Land Commission
er bennett, and the chief of the
field service. At the conference
there came up a question of the
effect of statute of 1908, al
lowing consolidation of Alaska
coal entries to the amount of g.
$50 acres where the original en-
tries were made by the sentry
men in good faith" and in their
own interest. Mr.. Schwartz and
l contended that this act did not
have the effect of validating
fraudulent entries previously
made, and pointed out that IL it
did, the government must lose all
the Alaska coal cases. Mr.. Den
nett expressed the contrary view.
MIR. Schwartz and i, by direction
of Mr.. Ballinger. drew up a letter
submitting this question to the
encouragement. This letter sum-
married. the evidence had Sc