The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-09-16

interior. In the interval. when you
were not holding office, one of the
Cunningham coal claimants consulted
you in regard to the prospect of Sc
curing patent upon the claims and
invited your attention to the character
of certain evidence which was being
gathered to impeach the validity OF
claims by Special Agent CLAWS.
"You accepted the employment;
visited Secretary Garfield and Com
there was no probability of securing
the patent of the claims without pre-
senting them under recent rem edial
legislation, imposing conditions which
the claimants were either unwilling or
unable to meet You SO advised your
clients. To pay your travelling ex-
penses and for your services you re-
ceived $3.50 and no more.
THE inference which Mr.. CLAWS
seeks TO have drawn to your discredIt
in this connection is that you while
commissioner of the general land Office
came into possession of facts concern
ing the so-called Cunningham group OF
coal lands claims which made it i'm
proper for you to use such facts after
your resignation in the course of secur-
ing the patents.
Il find the fact to be that as com
missioner you acquired no knowledS.,
in respect to the claims except that OF
the most formal character and nothing
which was not properly known to your
clients when they consulted you
Cunningham Cases.
"a second inference sought to be
drawn by Mr.. CLAWS against you is
that you have acted improperly since
becoming secretary of the interior iii
reference to the consideration of the
cases and have used your
influence to interfere with Mr.. Glavis's
efforts to defeat the claims.
Your only action which could in an.T
fh0 mil 1cr17
of claims was an order made by you.
soon after assuming office that the
30, 900 claims pending and undiSpoSed of
in the land office should be pressed to
final hearing and disposition and these
the 931 Alaska coal claims of
which the Cunningham group number
I'd nineteen.
such expedition was essential both
n the public interest and in that of the
claimants.
1.-The record overwhelmingly estab-
ishes that expressly because of your
previous retention as counsel to one of
he claimants from the time you en-
.ered upon your duties of the office of
secretary of the interior until the pres
ent day you have studiously declined to
nave any connection whatever with the
Cunningham claims or to exercise any
control over the course of the depart
nent in respect to those claims. More
over, in May last, you came to me and
made a similar statement to me of
Tour course and intention in respect to
hose claims.
THE statement made by Mr.. CLAWS
hat while you did thus formally with
lraw from any official connection with
he Cunningham claims, you neverthe-
ess continued to exercise your in
luence in regard to them, is not suS-
aimed by any evidence in the record
Produced.
THE truth is, that had you, or Com |
missioner bennett or Mr.. Schwartz. |
Turing the years of the tendency of |
hese cases been DESTROYS through dis |
lonest motives and without regard to |
aw and the interest of the public of |
ringing them to patent the oppor- |
unities for you to have done so were |
many.
The CLAWS Dismissed.
"In your answer you request author
" to discharge Mr.. CLAWS from the
ervice of the United States for disloy-
lty to his superior officers in making
false charge against them. When d
in a government bureau or
apartment has trustworthy evidence
pom which to believe that his chief is
ishonest and is defrauding the gov
it is of course his duty 10 +
ubmit that evidence to higher author
" than his chief. But when he makes
charge against his chief founded upon
lere suspicious and in his statement
e fails to give his chief the benefit of
circumstances within his knowledge
nat would explain the chiefs action as Il
n proper grounds, he makes it impos-
bile for him to continue in the service
the government and his immediate ,
eparation therefrom becomes a neceS-
ty. You are therefore authorized to
lsmiss L. R. CLAWS from the service :
E the government for filing a state
tent unjustly impeaching the official
ltegrity of his superior officers