The San Francisco call., 1909-09-16
TAFT C[NSuR[S
CLAWS FOR HIS
GARBLED REPORT
President Asserts That ImpOr-
tant Information Was With
held by Field Division Chief

claimants TO secure patents based on
claims that you know or have reason
10 believe fraudulent and unlawful
The report, which is voluminous and
contains exhibits and kilograms, let
ters and public documents, / directed
TO be copied and sent to you and to
the other officers involved You and
each of the other gentlemen named
have now made written answers to
The state of Mr.. CLAWS and accompa-
nied them by additional exhibits taken
from the records of the interior de-
partment as well as by private letters
Specters of Suspicious
Il have examined the whole record
most carefully and have reached very
definite conclusion. 1t is impossible
for me in announcing this conclusion
To accompany il with q review OF the
charges and the evidence on both sioes-
II is sufficient to say that the case MI
CLAWS attempted to make embraces
only specters of suspicious without any
substantial evidence TO sustain his at
tack
The whole record shows that Mr..
CLAWS was honestly convinced of the
Illegal character of the claims in the
Cunningham group and that he was
seeking evidence to defeat the claims
But il also shows that there was delay
on his part in preparing the evidence
with which TO bring this. with other
claims. to hearing and that justice to
the claimants required more speedy
action than the department. through
Mr.. CLAWS. seems TO have taken
"Mr CLAWS seeks. by quoting from a
single telegram in the department, to
show that at one time the department
wished to delay him in his fnvestiga-
tions Of the Alaska claims and at an
other time unduly to hurry him, and
attempts to prove these two cir
c1mstances by citing kilograms and
correspondence without disclosing
ether circumstances and correspond
en,e which he knew. or had under his
control, and which do show an entirely
roper reason for the action which in
'acR case was directed to be taken.
Withheld information
other words, the reading of the
whole record leaves no doubt that in
zeal to convict yourself. acting Sec
cary Pierce. Commissioner bennett
and Mr.. Schwartz. he did not give me
the benefit OF information which he
had that would have thrown light on
AI6 lTdnSdNllOnS.a showing inem TO be
consistent with an impartial attitude on
YOUR part toward the claims in
question.
The great responsibility of cabinet
positions demands the selection there
fore Of men of the highest character
and integrity. Possession of these
qualities. as well as an ability and ex-
perience which especially fitted you to
direct the affairs of the department of
"a fr,f< ~
ment as secretary. Duty to the coun-
try. TO you and to myself requires that
any aspersion upon the propriety of
your acts or those of your subordinates
be promptly met and carefully consid-
cred TO the end that. If justified. proper
remedy may be applied. and il not, it
may publicly be refuted.
BaIIinger's Career
BY appointment of President Roose-
Nelt, you became commissioner of the
general land Office in March. 1907. and
resigned the position in March, 1908,
and then returned to Seattle, your
home, TO resume the practice of law.
IN March. 1909. l appointed you secre-
tary of the interior and you assumed
the duties Of your Office on the fifth day
cf that month.
In the interval when you were not
holding Office. one of the Cunningham
ccal claimants consulted you in regard
TO the prospect of securing a patent
upon the claim and invited your at
tention to the character of certain ev-
idence which was being given to i'm
peach the validity of claims by Spe-
cial Agent CLAWS You accepted the
employment; visited Secretary Gar
field and Commissioner bennett. pre-
sented the question to them in respect
TO which you had been counseled: :
found that there was no probability of
securing the patents of the claims
without presenting them under recent
remedial legislation imposing condi-
tions which the claimants were either
unwilling or unable to meet You so
advised your clients. To pay your
travelling expenses and for your SER
vices you received $3.50 and no more.
INFERENCE DRAWN BY CLAWS
The inference which Mr.. CLAWS
seeks to have drawn to your discredit
in this connection is that you, while
commissioner of the general land Of
fee, came into possession of facts con-
cerning the so called Cunningham
group of coal land claims which made
il improper for you to use such facts
after your resignation in the course
OF securing the patents. I find the
fact to be that as commissioner you
acquired no knowledge 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. The evidence
in respect to which you were consulted
professionally was not secured by
CLAWS until after your resignation as
commissioner of the general. land Of
fee.
"A second inference sought TO be
drawn by CLAWS against you is that
you have acted improperly since be-
coming secretary of the interior in ref
erence TO the Cunningham cases and
have used your influence to interfere
with CLAWS efforts to defeat the
claims.
THIRTY THOUSAND CLAIMS
Your only action which could in
any manner affect the Cunningham
claims was your order that the $4,000
claims pending and undisposed of In
the land office should be pressed to
final hearing and disposition as rap
idly as possible consistent with Justice.
and these included the 931 Alaskan
coal claims. of which the Cunnineham
group numbered 49, As such expedi-
tion was essential both in the public
interest and in that of the claimants
it could hardly be said to be action
taken in the Cunningham claims.
The record overwhelmingly estab-
fishes that expressly because of your
r1rexio1x action as counsel To one of