The Washington times., 1909-09-16

| y
Ny Dear Sir: On the 18th day Of
| August last, Mr. L. II. CLAWS, chief of
I the field division OF the General Land
Office, with headquarters at Seattle,
Wash, called upon me here and sub
mitted a statement or report relative
/ to the conduct of tb= '1t--L9r Depart
ment and TO the acti IN Of yourself, As
sistant Secretary Pi1rce, Commissioners
| of the General Land Office bennett
and Chief of Field Service Schwartz.
/ in reference TO the so-called Cunning
ham group of coal land claims in
! Alaska.
| Mr. Claws report does not formulate
| his charges against YOU and the others,
but by insinuation and inuuendo as well
as by direct aVerment he does charge
that each one Of you, while a public
officer, has taken steps to aid the Gun
bingham claimants 10 secure patents
based on claims that You know, or have
reason to believe. to be fraudulent and
unlawful The report, which is volumi-
rous and contains exhibits Of kilograms,
letters. and public documents, I direct
ed 10 be copied ana sent 10 you and to
the other officers involved. You and
each Of the other gentlemen named
have now made written answers to the
statements of Mr.. CLAWS ana accom-
panied them by additional exhibits
taken from the records of the Interior
Department, as well as by private let
ters.
AANdShNo S'JhAAuoADu-
have examined the whole record
most carefully. and have reached q very
definite conclusion. II is impossible for
me, in announcing this conclusion. to
accompany it with a review OF the
charges and the evidence on both Sides
1t is sufficient to So that the case at
tempted TO be made by Mr.. CLAWS en-
braces only shreds Of suspicion without
any crTl,e+au ffal ax-iIarce 20 s,,esogr, III
attack
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 1t also shows that there was delay
on his part in preparing the evidence
with which 70 bring this, with other
claims, 10 hearing, and that justice TO
the claimants required more speedy ac-
ton than the department, through Mr..
CLAWS, seems to have taken.
Mr.. CLAWS seeks, by quoting from
single telegram in the department, 10
show that at one time the department
wished TO delay him in his investiga-
tons Of the Alaska claims and at an
other time unduly 70 hurry him, and he
attempts 20 prove those two circum-
stances by citing kilograms and cor
respondence without disclosing other
circumstances and correspondence which
which do show an entirely proper rea-
son for the action which in each case
was directed TO be taken.
Some Facts Not Given.
In other words. the reading OF the
whole record leaves no doubt that in
his zeal TO convict yourself. Assistant
Secretary Pierce, Commissioner Den
nett. and Mr.. Schwartz. he did not give
me the benefit of information which
ne had that would have thrown light
on the transaction, showing them &c be
| consistent with an impartial attitude on
your part toward the claims IN ques-
ton.
The great responsibility Of Cabinet
positions demands the selection there
for of men Of the highest character
and integrity Possession Of these quail
tiles, as well as an ability and expert
ence which especially fitted you TO di-
rect the affairs Of the Department Of
the Interior. warranted your appoint
nent as Secretary Duty TO the cOun-
try, 10 you. and TO myself requires that
any aspersion upon the proprlety OF
your acts or those Of your subordinates
be promptly met and carefully consid-
cred. to the end that II JUSTIFIED. proper
remedy may be applied; and IL not, that
IL may be publicly refuted.
BY appointment OF President RoOse-
General Land Office IN March, 1907, and
resigned the position In March, 1903, and
then returned TO Seattle, your home, TO
resume the practice Of the law. In
March, 1909 I appointed you Secretary
Of the Interior and you assumed the
duties Of your office on the 5th day OF
that month
Accepted the Case.
In the interval, when you were not
holding office, one Of the Cunningham
coal claimants consulted you in regard
TO the prospect Of securing a patent upon
the claims. and invited your attention
TO the character Of certain evidence
which was being used TO impeach the
validity OF the claims by Special Agent
CLAWS. You accepted the employment
visited Secretary Garfield and Commits
siooer bennett. presented the question
10 them in respect 10 which you had
been consulted, found that there was no
probability Of securing a patent Of the
claims without presenting them under
recent remedial legislation imposing con
ditiOns which the claimants were either
unwilling or unable TO meet. You so
advised your clients. To pay your trav-
cling expenses and for your services you
received $3.50 and no more.
The inference which Mr.. CLAWS seeks
TO have drawn 10 your discredlt IN this
connection Is that you, while Commits
siOner or the General Land Office, came
into possession Of facts concerning the
sO-called Cunningham group Of coal
land claims. which made 70 improper for
you 20 use such facts after your resig-
nation in the course OF securing the
patents. ! find the fact to be that as
commissioner you acquired no knowl-
edge IA respect 10 the claims except
that OF the most formal character, and
nothing which was not properly known
20 your clients when they consulted you
The evidence I'm respect 10 which you
were consulted professionally was not
secured by Mt CLAWS until after your
resignation as Commissioner Of the Gen
eral Land Office.
Expedition Essential.
A second inference sought to be drawn
by Mr. Claws against you IS that you
have acted improperly since becoming
Secretary Of the Interior In reference
70 the consideration Of the Cunningham
cases. and have used your influence 20
interfere with Mr.. Claws efforts 10 de-
feat the claims.
Your only action which could In any
manner affect the Cunningham group
Of claims was an order made by you
soon after assuming office, that the
go 600 claims pending and undispOsed Of
in the Land Office should be pressed
TO final hearing and disposition as rap
idly as possible, consistent with JUS
tice. and these included the g31 Alaska
onn1 g1nTung az vrhfgn Fna C1rnufUo D. Ia n,