The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-11-10

| Snonll De cleared ZIP. In my estimation
1t has not been the intention of the
| people in the field nor in Alaska TO put
| them in hostility to the laws, but they
have been in a position where they could
not, by virtue OF the circumstances, ac-
commodate themselves TO the laws, and
| with this last provision they could trans
| mute their present entries into the
| form suggested by this bill, and those
new entries would be treated as primary
entries. In other words, 1t would be
an abandonment OF the old conditions
Guilty in tho matter OF the disposition OF
| the land in many instances"
Accusation of Fraud.
When Mr. Ballinscr made this state
| ment (hcfore the committee on public
Iands) he was urging change In the
| bo made validity which the Cunning
ham group and the other Alaskan claims
| would have received patents to practi-
! cally loo. 900 acres of Alaska coal fields.
| Whether or not we agree that fyaudu-
| lent entry Is a technical violation Of
| a statute, there seems little doubt that
as TO tho defects In the Alaska coal
claims (Which included the Cunningham
group
It is with Mr.. Bauinger's testimony
| before tins committee In mind that we
como 10 the next step. Within a short
| time after he resigned, Mr, Balllnger
| became attorney for the Cunningham group
| Of claims There was at that time. and
now Is. In force q statute of the United
| states, which says.
1T shall not be lawful for any person
appointed after the lst day OF June 1872.
as an officer, clerk or employee In any OF
| the departments. to act counsel, at
torney or agent for prosecuting any claim
against tho United States which was
while ho was such an officer or employee.
nor in any manner, nor by any means. to
| ala In the prosecution OF any such claim,
| Within two years next after he shall have
| ceased To he such officer clerk H.
| ploYoe.'
| This IS tho only statute that l know
of regarding the impropriety OF a govern
ment officer taking claims against the
government after his resignation.
President Is Quoted.
or that employment President Taft has
said:
In the interval, when you were not
holding office, ono OF the Cunningham
coal claimants consulted you In regard
TO the prospect Of securing patent upon
| the claims. and invited your attention to
the character of certain evidence which
was being used 10 impeach the validity
| OF the claims by Special Agent CLAWS.
| You accepted the employment; visited
| Secretary Garfield and Commissioner
| bennett; presented the question TO them
| In respect in which YOU had been con-
suited; found that there was no proba-
| b>iity OF securing patent Of the claims
without presenting them under recent
remedial legislation imposing conditions
which the claimants were either unwil-
| ling or unable To meet. You so advised
your clients. To pay your travelling eN-
penScS and for your services you received
$3.50 and no more.
"The inference which Mr. CLAWS seeks
To nave drawn 10 your dlScrcdit In thls
connection is that you while commits
sioner OF the general land office came in
TO possession of facts concerning the So
called Cunningham group OF coal land
claims, which made II improper for you
to use such facts after your resignation
in The of securing. the PATENTS
find the TACT TO be that, as commissioners
YOU acquired no knowledge In respect to
the claims except that OF an informal
character and nothing which was not
properly known TO your clients when they
consulted YOU"
Processes Ignorance. '
l do not quite understand the presi-
dents statement that Mr.. Ballinger had
Cunningham case. Mr.. Ballinger had all
the knowledge anybody in the department.
had. because Special Agent Jones and
told him all we knew. Mr. Ballingcr knew
Mr.. Cunningham claims on account OF
my protest that / believed they were not
bona i]de entries. He knew, or might
have known, that ] then had no conclu-
sivc proof against the claims, MIR. Bal
linger had made a statement 10 the con-
gressional committee as to these claims,
the nature Of the defenses, and tho legis-
lation which was needed to make them
valid. and he had ordered them lnvesu-
gated by Love. Jones and myself. Wheth-
er there was any impropriety in his later
acting for the Cunningham group the
president is doubtless a better judge
than l.
One point. however. is interesting in
the light Of later events. Tho president
in his letter states that Mr.. Ballinger,
as a private attorney, advised that the
Cunningham group could not obtain pat
ents-presumably because the entries
were not under tho law, made in good
fat tln 1pnp0t pf caTh GntTNmdn
Nevertheless the affidavit of Mr.. Gun
ningham, presented by Mr.. Ballinser TO
Secretary Garfield after he became at
torney for the Cunningham group and
other Alaska coal claimants, and which
attempts TO explain away the fraudulent
character of the claims, Is now the chief
obstacle TO government success In the
Cunningham cases
Nor do I understand why the presi-
dent puts so much stress on the fact
that Mr.. Balllnger received only $3.50 for
pcnsc of a. trip from Seattle TO Ohio
and Washington. Even if that bo cred
! ibe. Mr.. Ballinger was then attorney
for other Alaska coal claimants, and ac-
cording to sworn information made to
me in the course OF my investigation. for
at least one congressman interested IN
Alaska, coal lands.
From October 1908. when / was dl-
rectcd 10 continue my Investigation OF
the Alaska coal cases. until March. 1893.
/ was continuously engaged In that and
other work IN my department.
Some Inside History.
| In March. 1909. Mr.. Ballinger became
| secretary OF the interior, succeeding Hon.
| James r Garfield. On March 10 (sx
| days after Mr.. Ballnger took office)
| received telegram from Mr., bennett.
then commissioner OF the general land
Office. directing me to submit at once
| complete reports upon the status OF my
| investigation OF tho Alaska coal cases.
On April 81, 1909. l received "A telegram
from the general land Office saying that
tho Alaska coal investigation must he
completed within sixty DAYS.
! The chief OF field service and I had
| agreed that a field examination of the
Alaska coal lands In question was neces-
| sary to show whether the claims In the
various groups were being developed sop
| arately or together. Thus. If field ex-
animation should provo that all tho
claims of the Cunningham group were as
q matter Of fact being worked together
that fact would be highly indicative that
| the entries were made with that intent
! Such field investigation could take
| place only I'm summer. l therefore pro-
| tested repeatedly to the land office that
| the cases should be postponed until fall
| In May. 1909 ] camo on TO Washing
! ton and consulted as TO the Alaska coal
| cases with Secretary Balinger Land
Commissioner bennett and the chief of