The San Francisco call., 1909-11-10

NAAS 0NNANhoA WAAO@AA 0A0'AS 49,
cons soIidatiOn of existing entries and
does not call for the proof of good
faith of the original entry or location
..When Mr. BalIinger made this
statement (befOre the committee on
public Iands) he was urging a change
I'm the law by which fraudulent entries
would be made validity which the
Cunningham group and the other
Alaska claims would have received
patents TO practically 100000 acres of
Alaska coal fields. Whether or not
we agree that fraudulent entry is
technical violation of a statute,
there seems little doubt that Mr.. Bal
linger was then we'll Informed as to
the defects in the Alaska coal claims
(Which included the Cunningham
group.
1t is with Mr.. Ballingers testimony
before this committee in mind that we
come to the next step. Within short
time after he resigned Mr. Ballinger
became attorney for the Cunningham
group Of claims.
II do not quite understand the presi-
dents statement that Mr.. Ballinger had
only the most formal knowledge of
the Cunningham cases. Mr. Ballfnger
had all the knowledge anybody in the
Jones and l told him all we knew. Mr.
Ballinger knew that he had revoked
the order to patent Mr.. Cunningham s
claims on account of my protest that
believed they were not bona fde
entries He knew or might have
known. that 1 then had no conclusive
proof against the claims. The presi-
dent in his letter states that Mr.. Bal
linger, as a private attorney, advised
that the Cunningham group could not
obtain patents-presumab because
the entries were not under the law
made in good faith for the benefit of
each entryman. Nevertheless the aft
davit of Mr.. Cunningham. presented by
Mr. Ballinger to Secretary Garfield
after he became attorney for the Cum
ningham group and other Alaska coal
claimants. and which attempts to ex-
plain away the fraudulent character of
the claims. is now the chief obstacle
to government success in the Cunning
ham cases.
Nor do l understand why the presi-
dent puts so much stress on the fact
that Mr.. Ballinger received only $3.50
for 10 or Is days services and the eX-
penses of a trip from Seattle to Ohio
and Washington. Even if that be cred
ible, Mr.. Ballinger was then attorney
for other Alaska coal claimants, and
according to sworn information made
to me in the course of my investiga-
tion, for at least one congressman in
terested in Alaska coal lands.
WISHED TO DROP CASES
"On May IS or 1s 1 was sent for by
Assistant Secretary Pierce. of the in
terror department. Mr.. Pierce informed
me that Mr.. Ballinger did not wish to
have anything more to do with the
cases on account of his employment as
attorney for the Cunninghams; that
the question of law was not to be sub
mitted to the attorney general; that
the opinion was going to be written
by the interior department. and he re-
ferred Is8e to the legal department of
the interior department. z. c. Fin
ney, who had been made assistant to
the secretary by Mr.. Ballinger, and
r W. Clements of the legal depart
ment of the interior department, were
drawing up a decision conforming to
Mr.. Dennett's view that under the new
law the former fraudulent entries were
made good and consolidated My opin-
ion was asked, and said that the law
only allowed bona fide entries to con-
solidate, and that l did not see how
they could get around that.
ION the following day Mr. bennett in
a conversation told me to make my re-
ports in conformity to this decision.
and at my request letter was sent to
me on May "a. directing me so to re-
port.
.On the 26th I reported that, accord
ing to the decision rendered by the in
terror department, il was useless to
proceed with any further investigation.
and that under the decision l was
Obliged to report 7S2 claims, including
the Cunningham group, for the con-
sideration of the commissioner under
this decision"
At this point CLAWS quotes the de-
cision rendered by Frank Pierce, first
assistant secretary, under which the
CunnIn CHAM claims would have been
allowed TO pass. He says:
Il was then in a very difficult posi-
ton. ] knew what the law was, and
my superiors were against me. If Il
accepted their ruling, 100000 acres of
Alaska coal lands were slipping from
the United States with no hope of re-
covery-and were going to claimants
many of whom were fraudulent. The
chance for the wise regulation of
Alaska coal lands urged by President
Roosevelt would be gone
Without consulting with my su-
periors l went to Attorney General
and stated the matter to
him. ] understand that he asked Mr.
to refer the matter toz him. |
Mr.. Ballinger requested me to with
draw my report. which showed that if
the Pierce decision was correct the |
government had no ground to object
10 any OF the Alaska claims. / with
drew that. report.
Ten days latersth attorney genera !