East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-11-09
EIGHT PAGES.

commissioner of the general land Of
flee, directing me to submit at once
complete reports upon the status OF
my investigation OF the Alaska coal
cases. On April 81, 1909, I received
telegram from the general land Of
flee, saying that the Alaska coal in
vestigation must be completed with
in sixty days.
The chief OF field service and I had
agreed that field examination of
the Alaska coal lands in question was
necessary to'show whether the claims
in the various groups were being de-
veloped separately or together. Thus,
II a field examinatlon should prove
that all the claims Of the Cunning
ham group were as a matter Of fact
being worked together. that fact
would be highly indicative that the
entries were made with that intent
Such a field investigation could take
place only in summer. I therefore
protested repeatedly to the land Of
flee that the cases should be post
poned until fall.
In May, 1909. came TO Washing
ton and consulted as TO the Alaska
coal cases with Secretary Balllnger.
Land Commissioner bennett, and the
chief OF the field service. At the
conference there came up a question
OF the effect OF a statute OF 1908. al
lowing consolidation OF Alaska coal
entries to the amount Of 1850 acres
where the original entries we're made
by the "entrymen In good faith" and
in their own interest Mr.. Schwartz
and I contended that this act did not
have the effect OF validating fraudu-
lent 'entries previously made. and
pointed out that IL II did the govern
ment must lose all the Alaska coal
cases Mr.. bennett expressed the
contrary view. Mr.. Schwartz and I.
by direction OF Mr.. Balllnger. drew
up a letter submitting this question
to the attorney general. This letter
summarized the evidence had Sc
cured in these cases OF consplracies
to defraud the government.
On May 1S or 10 I was sent for by
Assistant Secretary Pierce OF the in
formed me that Mr.. Ballinger did not
wish to have anything more to do
with the cases on account OF his en-
ployment as attorney for the Cum
nInghams: that the question Of law
was not to be submitted TO the attor-
ney general: that the opinion was go
ing TO be written by the interior de-
10 ma IN
legal department OF the interior de-
partment f. C. Flnney. who had
been made assistant to the secretary
by Mr. Ballinger and F w. Clements
Of the legal department OF the in
terror department were drawing up
a decision conforming =, to Mr.. Dem
MsI Asu eul Ispuu lBn MeIA snsu
the former fraudulent entries could
be made good and consolidated. My
opinion was asked. and I said that
the law only allowed bona-fide en-
tries to consolidate and that I did
not see how they could get around
that.
Pierce's Decision on the Fraudulent
Claims.
On the following day Mr. bennett
in a conversation. told me TO make
my reports in conformity with his de-
cision. and at my reqest n letter was
sent to me on May "a, directing me
so to report.
On the 26th I reported that. ac-
ccrding TO the decision rendered by
the interior department. II was use
less to proceed with any further in
vestigation. and that under the de-
cision I was obliged TO report 7s2
claims, including the Cunningham