The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-11-10
OEPoSEO LAND OFFICE CLERK
PUBLISHES ALLEGED HISTORY
OF COAL LAND CASES.
TRIES TO INVOLVE TAFT
Purports to Be Record Of Entries in
Secretary eaIiinser Acted as Attor-
ney in Violation of Law.

New York, Nov. 9.-Collier's Weekly
for November i3 will contain an arti-
Gle by l.. Il. CLAWS, recently dismissed
from the service Of the general land
office by Secretary Ballinger at the
instance of President Taft. CLAWS in
the article recites that he was en-
ployed in the general land office from
1902 until the date OF his summary
dismissal and asserts that he was
given no chance to explain himself.
and that his removal was unfair. He
says that the letter of the president to
Secretary Ballinger in relation to the
matter was "grievously unfair be-
cause it gave weight to charge
which he had never seen and had had
no opportunity to answer.
MIR. CLAWS covers fully the details
of the alleged fraudulent coal land
entries In Alaska in the so-cal.ed Cum
nngham case. showing at length tho
connection Mr.. Ballinger had there
with. pointing out that while still
land commissioner the present secre-
tary had appeared as counsel Tor the
Cunningham people before the con-
gresslonal committee on public lands
in behalf of the Gale bill. which those
interested in the alleged fraudulent
Alaskan entries We're anxious to have
passed. and which. the writer says.
would have cured the defects in the
title To such entries. After quoting a
federal law as tn such service by a
government employe. the article con-
tinues, subheadings included.
President Whitewashes Baliinser.
OF that employment. President Taft
has said: In the interval. when you
were not holding office, one Of the
Cunningham coal claimants consulted
you i'm regard to the prospect of SEE
curing patent upon the claims. and
invited your attention to the charac-
ter OF certain evidence which was be-
ing used to 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 to which YOU have
been consulted: found that there was
no possibility of securing patent of
the claims without presenting them
under recent remedial legislation inn
posing conditions which the claimants
were either unwilling or unable to
meet. You SO advised your clients.
To pay your travelling expenses and
for your services you received $50
and no more.
The inference which Mr.. CLAWS
seeks to have drawn to your credit in
this connection Is that you. while
commissioner OF the general land Of
flee, came into possession of facts
concerning the so-Called Cunningham
group of coal land claims. which made
IL improper for you To use such facts
after your resignation in the course
of securing the patents. I find the
facts 10 be that. as commissioner. you
acquired no knowledge in respect to
the claims except that OF the most
formal character. and nothing which
was not properly known to your
clients when they consulted yeu."
l do not quite understand the presi-
dents statement that Mr.. Ballincer
had only the most formal knowl-
edge" of the Cunningham cases. Mr..
Ballinger had 1ll the knowledge any
body in the department had. because
Special Agent jones and | told him
all We knew. Mr. Ballinger knew
that he had revoked the order to
patent Mr.. Cunuingham's claims on
account of my protest that | believed
they We're not bona fide entries, He
knew. or might have known. that I
then had no conclusive proof against
the claims. MIR. Ballinger had made Il
statement To the congressional COM
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 investigated
by Love, Jones and myself. Whether
there was any improperly in his later
acting for the Cunningham group, the
president is doubtless better judge
than l. One point. however. is inter-
esting in the light Of later events.
The president in his letter states that
Mr.. Ballinger, As private attorney.
advised that the Cunningham group
could not obtain patents-prcSumably
because the entries We're not. under
the law, made in good faith for the
benefit of each eutryman. NeNerthe-
less, the affidavit of Mr., Cunning
ham, presented by Mr.. HallinStr In
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 nf the claims, is
now the chief obstacle In government
success in the Cunningham cases.
Nor do | understand why the presi-
dent puts 50 much stress on the fact
that Mr.. Rallinger received only s35h
for 10 or fifteen days services and
the expenses of a trip from Seattle
Ia ohio and Washington. Even if thar
he credible. Mr.. Ballinger MAS then
attorney for other Alaska coal Claim