The Washington herald., 1909-08-31
TAFT WILL ACT
IN FORESTRY ROW
Continued from Page One.

hold BaIlinger or Pinchot. or that it IS
his purpose to rebulce one or the other
The controversy had become quiescent
IL a measure, until Ormsby McHarg. As
sistent Secretary OF Commerce and Labor.
which department Is IN no way involved.
came out in an interview extremely crit
ical OF ccnservauonlsts in general. and
Of the forestry people In particular.
Mr.. AicHarg's utterances are ceplOred
by some OF his most intimate friends IN
official HE. although none Of them pub
Bcly criticise him. The indications are
that Mr.. NIcHarg VIII retire from the
public service on or about October !, IN
accordance with plans formulated By him
a long time In advance Of the publica-
tion OF his interview bearing upon the
policy Of conservation. A week or so
ago Mr.. McHarg forwarded bis resigna-
tlcn, 20 become effective ~ any time
between September ( and October j
The Assistant Secretary had a talk
with Secretary Nogei over the long dis
tance telephone yesterday. but vita what
result IS not known. Mr.. NcHarg Is
evidently proceeding on the theory that
he is 10 remain in the department until
/ October ], although he is ready 10 re-
tire at any time before that date.
The officials Of the Department Of the
Interior who were called upon 10 report
20 the President all the facts in their
possession relative TO the Cunningham
coal claims IN Alaska. in which Secre-
! tary Balllnger was at one time interested
| as counsel. viii soon be ready 70 comply
with M Taft's order Acting Secretary
Pierce and Land Commissioner bennett
are going over the records bearing on the
.Taf 4 a.
will forward their reports 10 the Presi-
dent this week
The President, It is understood, has
called for a report as 20 the facts to-
gether with record substantiation. After
he has received these reports and gone
over them, II IS the understanding here
that he will confer with Secretary BaIlin-
ger. According 10 word received here yes
terday. Secretary Ballinger is on his way
East, and IS expected 90 reach Washing
ton the latter part OF the week.
! A good deal has been made in press re-
/ ports OF a section OF the Revised Statutes
which, It was alleged. bore directly on
/ Mr. Ballinger's former connection with
/ the Cunningham interests. This Is Sec
tion 100, which reads as follows:
1T shall not be lawful for any person.
/ after the first day OF June. 1S72. as an
/
\ departments. to act as counsel. attorney,
! agent for prosecuting any claim against
the United States which was pending In
/ said departments while he was such OFF,
Ger. clerk or employe. nor in any man
ner. nor by any means. TO aid IN the
! prosecution Of any such claim within
two years after he shall cease to be such
officer. clerk. or emplOye."
Mr.. Ballinger became counsel FOR the
! Cunninghams shortly after he resigned
\ the Office OF Land Commissioner. which
/ post he filed during the Roosevelt ad-
ministratiOn. Government lawyers ir
! Washington agreed that Mr. Ballinger'
connection with the Cunninghams wa,
not a violation OF the section OF the
statutes quoted. II has been held by de-
partment rulings and IN decisions of tho
courts that a Ming for land embraced II
the public domain is not a claim against
the United States within the meaning OF
the statute.
1t is stated that a claim coming undei
this head means one OF money value
one that would necessarily have 20 b,
adiudicated by progress through th'
Court OF Claims. In the case IN con
troversy the Cunninghams fled on IA,
purllc domain FOR lands that were oper
to all comers, under rules and regula
tions prescribed by the Land Commits
sioner. acting under the direction Of th'
/ Secretary Of the Interior
An official OF the Interior Department
said yesterday that no progress could
be made in the fight against Mr. Bal
linger by citing his connection with III,
/ Cunninghams. This Off1cial said he haC
reason to believe that Mr. Taft was ap
i prised OF the fact that Judge Ballingel
had been retained as counsel by the Gun
ninghams, and that this information
came into his possession at the tim'
that Mr.. Taft was giving consideration
20 Ballinger's availability for the ofic'
/ OF Secretary OF the Interior in the new
Cabinet