The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
CLAWS is HEARD.
Ccontinued from Page

mittee as to these claims, the nature
of the defenses, and the legislation
which was needed to make them
valid, and he had ordered them in
vestigated by Love, Jones, and myself
Whether there was any Improperly
in his later acting for the Cunning
ham group. the president is doubtless
a better judge tina I. One point, how
ever, is interesting in the light or late
events. The president in his letter
states that Mr.. Ballinger, as a private
attorney, advised that the Cunning
ham group could not obtain patents
presumably because the entries were
not, under the law, made In good
faith for the benefit of each entry
man. Nevertheless, the afhdavlt OF
Ballinger to Secretary Garfield after
he became attorney for the Cunning
ham group and other Alaska coal
claimants, and which attempts 10 ex-
plain away the fraudulent characterr
of the claims. is now the cnleI
obstacle to government success in the
Cunningham cases.
BaIIinger's Employment as Attorney.
Nor do understand why the
president puts so much stress on the
fact that Mr.. Ballinger received only
$3.50 for ten or fifteen days services
Seattle to Ohio and Washington. Even
If that be credible, Mr.. Ballinger was
then attorney for other Alaska coal
claimants, and according to sworn IN
formation made to me in the course
of nv investigation, for at least one
congressman Interested in Alaska coal
lands.
'.From October, 1908. when was
directed 20 continue my Investigations
of the Alaska coal-land cases: untli
March 1909 1 was continuously en-
gagged in that and other work IN my
department.
an March, 1909. Mr.. Ballinger became
secretary of the interior, succeeding
Hon. James r. Garfield On Marcn ~,
(six DAVIS after Mr.. .Ballinger took once)
received telegram from Mr.. bennett,
then commissioner of the general lana
office, directing me to submit at once
complete reports upon the status of my
investigation of the Alaska coal cases.
On April 81. 1909 received telegram
from the general land office. saying that
the Alaska Scoal investigation must De
completed within so days.
1.-The chief of field service and I had
agreed that n field eXamii- alton of the
Alaska coal lands in question was nee
essarv to show whether the claims in
the various groups were being develop
ed separately or together. Thus, If a
field examination should prove that all
the claims of the Cunningham group
were as a matter of fact being worked
together, that fact would be highly in
dicative that the entries were made with
that intent. Such a field investigation
could take place only in summer.
therefore protested repeatedly to the
land office that the cases should be post
pcned until fall.
I'm May, 1909. 1 came on to Wash
ington, and consulted as to the Alaska
coal cases with Secretary Ballinger'
Land Commissioner bennett, and the
chief of the field service At the con-
ference there came up question of the
effect Of e statute of 1908. allowing con-
solidation of Alaska coal entries to the
amount of 1850 acres where the original
entries were made by the 'entrymen in
good faith and in their own interest
Mr.. Schwartz and I commended that this
act did not have the effect of validating
fraudulent entries previously made, and
pointed out that if it did, the govern
ment must lose all the Alaska coal cases
MI. Denneli expire SSed the contrary view
Mr.. Schwartz and I. by direction of Mr.
Rallinger, drew up a letter submitting
this question to the attorney general
This letter summarized the evidence
had secured in these cases of conspira-
ties to defraud the government.
BalIinger's Alleged Change of Front.
ION May IS or 8 1 was sent for by
Assistant Secretary Pierce of the in
terror department. Mr.. Pierce inform
ed me that Mr.. Ballinger did not wish
to have anything more to do with the
cases on account of his employment
the question of law was not to be sub
mitted to the attorney general that
the opinion was going to be written
by the interior department, and he re-
ferred me to the legal department of
the interior department. E. G. Fin
ney, who had been made assistant of
the secretary by Mr.. Ballinger, and F.
w. Clements of the legal department
of the interior department, were draw
ing up a decision conforming to Mr..
law the former fraudulent entries
could be made good and consolidated.
My opinion was asked. and said that
the law only allowed bona-fide entries
to consolidate, and that I did not see
how they could get around that.
Pierce'a Decision on the Claims.
ION the following day Mr.. bennett
in a conversation, told me to make my
reports in conformity to his decision
and at my request letter was sent tc
me on May "a, directing me so to re-
port.
''On the 26th I reported that, ac-
cording to the decision rendered by
the interior department, it was useless
to proceed with any further investi-
cation, and that under the decision
was obliged to report 782 claims. in
Guiding the Cunningham group, fol
the consideration of the commissions
under this decision. The decision rem
dered by Mr.. Pierce was as follows:
Department of the Interior.
= washington, May 49, 1909
1.-The Commissioner of the General Lane
Office
"Sir-Referring to your recent reques
for instructions relative to unperfecte'
coal-land entries within Alaska made b.
qualified persons prior to the passage o
the act of May IS. 1908 (35 Stat, 424), con
corning which you report that under vary
ing conditions arrangements had been en-
tered into looking to the transfer and con
solidation of the entries into groups, i
order to secure such acreage as woul
warrant the economic development of tn
groups, and that application Is now bein
made to perfect said entries. under sal
act, I have to advise you that the act @
May Is. 1905 was a curative act and shout
be literally construed so to further tn
object intended to be advanced by sal
legislation. namely. the. consolidation c
coal Gains in Alaska, initiated prior t
November r. 1906. through means of as
sociations or corporations, so as to pei
NIT of the requirement of title to contie
uous locations not exceeding $3.50 acres.