The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09

nv superiors were against me. If ac-
cepted their ruling. 100000 acres of
Alaska coal lands were slipping from
the United States with no hope of re-
covery-and were going to claimants
many of whom were fraudulent The
chance for the wise regulation of
Alaska coal lands urged by President
Roosevelt would be gone.
Wickersham Overrules BalIinger.
without consulting. with my SUI
/; periors, went to Attorney General
Wickersham and stated the matter to
him. understand that he asked Mr..
Ballinger to refer the matter to him.
Mr.. Ballinger requested me to with.
draw my report, which showed that Il
the Pierce decision was correct, the
government had no ground to object to
any of the Alaska claims. I withdrew
that report.
delivered an opinion on the question
it is long, and 1 shall not quote it. Suf-
flee it to say it overruled the Pierce de-
cision on every point, upheld my con-
cases.
''One other fact arose on my visit to
Washington (and of this have no docu-
me ntary evidence).
In my conference with Mr.. Ballinger.
stated to him that was going to see
one of the congressman, regarding
whose participation in the Alaska coal
cases : had sworn testimony: he re-
this sort of thing, and that that was
matter for congressional investigation
In cOnSeQuen nee. after consultation with
other government: officials. I decided not
Ito see any congressman; but l after
ward found oat-fron sworn testimony
obtained by me and now in the land Of
fice-that Mr.. Ballinger had about
year before, represented congressman
in Alaska coal matters.
"At the expiration of the so days al
|lctted for the completion of my reports
II telegrapl,ed that 1 was getting new ev-
idence, and that / could not consistent
lily make final reports while further evil
: dence was available. Cunningham cases
: included, and that the time should be
, extended at least 60 days longer.
Balinger Pushes Trial.
"In answer to this telegram 1 re-
3 oeived a dispatch from the general
/, land Office that the reports must be
submitted al once and that an agent
{ OF the investigation. 1 urged by letter
> and kilograms to the commissioner
postponement for field examination
I On July ] was informed by letter
> from the land Office that the Cunning
: ham cases would go to trial at once,
7 and that the evidence would be sub
r.itted to Commissioner bennett with
, ut having the Alaska land office pass
: precedent can be found in the entire
history of the land office for such
: action.
, ION the 18th received a telegram
! from the land Office saying Mr.. Sheri-
7 an would report to assist me in the
= trial. Mr.. Ballinger was then in Seat
tie, and 1 went to see him and called
his attention to my written demand
tor a field examination. Mr.. Ballingcr
, said he thought the Cunningham group
would admit that the land was being
= developed as a whole. 1 telegraphed to
Commissioner bennett that. at the sug-
q gestion of the secretary of the INTERIOR
wanted to know whether my report
(urging field examination) had been
considered when the last telegram was
, sent. In reply, on the 18th, the land
Il office wired that Mr.. Sheridan would
;. report to take full charge of the cases.
'sAt that time / felt very respondent
z about the outcome of these cases. My
IL conversation with Secretary Ballinger,
: the fact that Mr.. bennett was to be the
> judge in the case, and the difficulties l
:. had had with the land Office in my
:. preparation of the cases, lea me, with
z cut consulting my superiors, to appeal
!: to the department of agriculture to in
iervene. This it did, and requested an
: adjournment until a field examination
| could be made.
!. ION July II, 1909, Mr. Sheridan super
seeded me in charge of the Alaska land
cases, and within four days afte"
: reaching Seattle reported, concurring in
my recommendations and suggesting
that the cases be postponed to allow
+ the field examination to be made. In
+ this period Commissioner bennett fire.
Quently communicated with Secretary
t Ballinger on the subject of the post
ponement. In one of his letters to the
: chief of field service at this time, Com
= | missioner bennett said
Sheridan has gone over the cases
2 | thoroughly and thinks that the evil
! dence which it is hoped to gain from.
+ | Kennedy'S visit to Alaska will be very
= material, and therefore it is the best t.,
]
" CURED, anticipating your acquiescence
q by the character of your telegram t.
/ me- The forestry can be blamed for
+ the action in the matter.
C Sheridan has taken charge of the
. Cunningham case, and impresses me
very favorably; 1 think he can handle
1t against any rival they may bring
| against him The rest of the Alaska
much enthused on the proposition O.
- canceling them all and getting the
y lands back in cold storage. and this is
just what will happen unless congress
helps out
Y The Land Office Tells the Truth.
: I'm another letter to the chief OF
7 the field service, Mr.. bennett wrote
CLAWS has these coal cases on the
:, brain and can not see anything but
- just one line. I have told him how il
= looks to US, and have reminded him OF
everything we have done for him. and
II 4OOhS dS IL lie were OuI
favors by not standing by us as he
ID ought.
ION July % Mr.. bennett tele-
So graphed from Seattle to Secretary
"a Ballinger: Advise telegraphine
3, 5f Schwartz authorizing him to delay
H. issuing notices in important case.
Y subject our talk here until Sheridan
n can examine evidence collected
IN ION July % Mr.. Ballinger tele.
ID ID graphed Mr. bennett: 'Considerins
RI
lg ceedings in Alaska coal cases yol
10 should make necessary direction t.
~ Schwartz
ne Alaska Coal Lands are in Danger.