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

tne cunningham cases to PresldCn
Taft and was dismissed from the ser
vice for insubordlnation
The Alaska Frauds.
The President has seen fit to rails,
broader issues than those contained
in my report. In view of this fact
/ shall In this report use material no
favorable to the people concerned
which / did not use in my report tC
the President, because these facts die
not Immediately concern the Cunning.
ham cases.
The first official communication tc
the Land Office which suggested that
some or all Of the Alaska coal claims
were fraudulent was made by Special
Agent II. X. Love in October 1905.
In June, 1907, Special Agent Horace
T. Jones was detailed by Mr.. Fred
bennett, First Assistant Commissioner
of the General Land Office, to make
a complete investigation. Subsequent
ly Jones was instructed by Mr.. Bal
linger to make the report a predimi-
nary one. Jones reported on Aug. TO-
1907, requesting further investigation
"by an experienced and fearless
agent On August 2, 1907, Love
made a report favorable to the is
suance of patents to the Cunningham
claims.
My first connection with these cases
was when In the fall of 1907 / dis
rOyarad In CaatYIa r,bfIo ,..,o..toa.s...
other matters, that some or all of the
coal claims were not bona fide. NV
report OF this matter to Mr.. Ballinger
stated that one claimant had refused
me an affidavit on the ground that
Mr.. Ballinger himself had told some
OF the claimants to make no statement
until the charges were made, in or
der that they might know what they
had to meet, but that / could not be-
lieve this statement. Mr.. Ballinger
never commented to me on this phase
of my report. In December, 1907, /
was called to Washington, and ex-
plained to Mr.. Balllnger. then Land
Commissioners. what / had found out
about all the claims, Including the
claims. l also stated that
the Department OF Justice would know
these facts and would investigate them
Z the Land Office did not Mr.. Bal
linger told me he was a friend OF
many OF the claimants, but that was /;
to go ahead and investi- |
gate all these claims, no matter what |
he result. He then wrote me a let
er, putting me in charge of the in |
'estigation of all the Alaska coal |
claims. 1t was agreed by Mr.. Ballin-
ger that inasmuch as Special Agent
Iove was candidate for United States |
Marshal in Alaska, he was not in a po-
tion to make an impartial investiga-
ion. At our conference in December,
907, the good faith of the Alaska en-
ries was discussed by Mr.. Ballinger.
)n January 7. 1908, ten days after
vard, Mr.. bennett. Assistant Commits
ioner. notified me, as investigator of
he whole field, that the Cunningham
laims had been approved for patent
n the Love report. Three days be-
ore this a telegram signed "R. A.
'allinger," was sent to Love in Alas
a, directing him to forward the plats
'hich the Land Office would require
n issuing patents to the Cunning
am claims. Again, on January II,
90S, telegram was sent, signed with
ir. Balllnger's name. to Love, asking
i'm whether he had acted on the pre-
ious telegram. Love telegraphed
hat he had sent the plats. The en-
elope of this telegram in the Land
ffice was endorsed Hand to Carr.
!. X. Carr" Carr was then private d
ecretary to. Mr.. Ballinger
A Leak I'm the Land Office.
On January Is, 1908, Cunningham, !,
gent for the claimants, wrote let
II to the Juneau Land Office, in :
hich he said: /,
"The Commissioner (Mr. Ballinger)
as furnished us with copies of all =
le correspondence and kilograms re-
ting to our entries between the
lrious special agents and also with
,ur office. Up to date everything
ohiS W hoNN bVSii opploNSu ny ttCH !
apartment chief, so now our only de-
y will be occasioned through failure
receive plats according to Judge
allnger's advice"
II the Cunningham claims had then
me to patent 5000 acres of coal land
according to Mr.. Cunning
ms expert, 91,000'000 tons of coal,
Ould have gone to the Cunningham
cup without adequate investigation G,
title. When the Cunningham claims o.
ere ordered to patent Mr. Ballinger I'm
Id his assistants must have known, w
ON the reports of Special Agent w
mes and myself the suspicious char w
ter of these claims. ii
Here was my first dilemma. I did VI
t wish to protest to Secretary of the ju
terror Garfield against the action of er
e Commissioner, and 7 did not like st
see 5000 acres of coal land go to
e Cunningham group when I be- bt
we'd the claims fraudulent I did sa
otest Immediately, by telegram and ol
ter direct to Commissioner Ballin- CT
r, against the issuance of the pat TT
Is. The order clearlisting the Cum W
1gham claims to patent was almost We
revoked, and on March W.
1908, again took up the work on ST