Evening star., 1909-08-31
BALL|NCER DUE FRIDAY
Defense in Alaska Coal Cases
Will Await Him.
TO TAKE 1T TO BEVERLY
Implicated Officials Preparing to
Vindicate Themselves.
OWN BRIEF IS NOT ON FILE
Opinion as Cunningham Attorney
After Resignation as Land Com
missioner Excites Curiosity.

Secretary Ballinser will arrive in Wash
ington Friday forenoon from Seattle. on
his way to Beverly, to have a talk with
President Taft. II is assumed that he
will collect from the flies of the De-
partment of the Interior such data as he
OF his side of the case in the CLAWS
controversy
A dispatch from Beverly makes it plain
that Secretary Balin2er has not been
summoned by the President and is COM
ing of his own volition. From knowledge
of circumstances connected with the in
cident II is Inferred that Secretary Bal
linger was 50 incensed upon coming into
Seattle from his trips of inspection at
the charges in the CLAWS report to the
President. that he decided to appear in
person and explain his attitude to the
President before the latter starts upon
his western tour.
Case to Be Put Before Taft
1t is probable that the individual an
sWers to the Claws charges, prepared by
Assistant Secretary Pierce and Commits
sioner bennett and Chief Clerk Schwartz
of the general land office, in connection
with the Cunningham Alaska coal cases.
will be ready by the time Secretary Bal
linger gets here, and that these reports
and Mr.. Ballinger will show up at
Beverly about the same time.
1t is understood that these several re-
ports are being prepared with view to
exhibit the individual action of the re-
Spective officials in the various stages Of
the Cunningham cases.
From what has been gathered as to the
alleged contents of the CLAWS report to
the President. each of these officials is
named in connection with the cases nee
eSsarily. Each one, il is supposed is
confining himself to the facts relating to
his own official action.
The President will take the individual
reports and check up the procedure with
the allegations made by CLAWS.
Ballinger's Brief as Attorney
Considerable curiosity has been evinced
as to the nature Of the brief which Mr.
Ballinger is said to have filed as attor-
ney. in the Cunningham cases during the
time of his vacation of the office of COM
missioner of the general land office and
his assuming the office of Secretary of
the Interior. In the interregnum he was
employed as attorney, and, It is said,
submitted q brief.
Such brief, it is stated, is not on file in
the Interior Department SO far as known.
The assumption is that he submitted the
brief, or statement, or whatever it was.
to Secretary Garfield, if he submitted it
at all.
Secretary. Ballingers friends say that
his employment as attorney by the Cum
ninghams after he went out of the land
office was not in violation of the statute
prohibiting eX-Officials from practfcing in
claims before their former department
within two years after separation from
the service.
That statute provides as follows:
1t shall not be lawful for any person,
after the first day of June, 1879, as an
officer, clerk or employe in any OF the
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 employee
1t is declared that the departmental
rulings and the courts have held that a
filing for land embraced in the public
domain is not claim in the sense OF
the statutory prohibition, a claim being
something of monetary value requiring
adjudication by the Court of Claims and
settlement by Congress.
Issue of Notices.
The following notice was issued by the
Interior Department today:
| Pursuant to the policy and direction of
Secretary Ballinger. Frank Pierce act
| ing secretary OF the interior today with
drew for temporary power sites 3,S4O
| acres of land along Cochetopa creek. in
| the state of Colorado, with the view of
reporting to Congress these Withdrawals
| in order that proper legislation may be
enacted by Congress to preserve power
sites to the government and prevent
| monopoiies.
| The following notices were issued by
the land Office today:
| August 8, 1909, the acting secretary
4 of the interior vacated former order of
1 withdrawal under the reclamation act in
| connection with the Yakima project,
| Washington. and restored to the public
| domain where not otherwise withdrawn,
reserved or appropriated. about $4,000
| acres of land. the same to become sub
4 iect TO settlement on and after Novem-
Der 20, 1900. and to entry, fling or Sc
| lection December 30, 1909, at the North
/ Yakima, Wash, land Office.
| August ~. 1909, the acting secretary
of the interior withdrew under the first
| form of withdrawal provided by section
: of the reclamation act tact of June II,
| l9Oo). in connection with the Salt river
! project. Arizona, about 1900 acres of
i land
| August - 1909, the acting secretary
| of the interior withdrew under first form,
| of the reclamation act (section =, act
Of June II. 1902. in connection with the
/! rmatiIla project, about 5000 acres OF
land IN the La Grande, Ore, land dis
trict.'