New-York tribune., 1909-11-10

who superseded me indorsed my recon-
granted. immediaiely thereafter I made
my report on the Cunningham cases TO
President TAFT. and was dismissed from
the service for insubordination-
President Taft. he goes on. had raised q.
broader issue than that In his report and
Mr.. CLAWS. therefore. introduces new ma
terial. giving details Of the first uncovering
of alleged frauds. OF this he adds:
Ny first connection with these cases was
when in the fan of 1901 / discovered IN
Seattle. while investigating other matters.
that some or all of the coal claims were not
Raisnrer saie R 5epos, OF shis mater hss t9 Ms
fused me an affidavit on the ground that
Mr; Ballinger himself had told some OF the
S.alinants 10 make no statement until the
Charges were made in order that they might
know what they had 20 meet. but that
could not believe this statement Mr.. Bal
ilnseT never commented TO me on this phase
or my report In December, 1907. i was
called to Washington aud explained TO Mr..
Ballinger. then Land Commissioner, what
] had found out about All the claims inclu-
oing the Cunningham claims. ! also stated
that the Department Of Justice would know
the Land Office did not Mr. Bsllinger told
me he was friend OF many OF the claim
and M 1S t5sst ss 70 n6 80 matter aS
what the result
Meantime. according to Mr.. CLAWS. the
details OF issuing patents to the Cunning
ham claims were rushed alonG. He quotes
this letter. which he says was written on
January Is. 1908. by Cunningham 10 the
Juneau Land Office:
Tire Commissioner Nfr BaIlinser) has
furnished ms with copies OF all the CORE
spondence and kilograms relating to our
entries between the various special agents
and also with your Office. In to date
everything seems TO have been approved
bE each department CHIEF. SO now our only
delay VIII be occasioned through failure tu
advice.
MI CLAWS says he protested 10 Mr.. Bal
linger and the order clear listing the Gun
Eingham claims was at once revoked and
the investigation went or Cunningham
had learned. meanwhile. he says. Of a CON
hdential report of ose OF the investigators
10 Mr.. Ballinger that it looked a. though
the Gugsenheims were the people really be
Bind the claims in question. To refute this
charge Mr. CLAWS says Cunningham opened
hi books and then revealed an Illegal
agreement between the entrymen 10 conson-
date the coal lands Mr. CLAWS saws ne
was taken of the Alaska cases Immediately
after this. but was returned 10 il five
months later by the assistant commissioner
of the Land Office saving his work had been
suspended Pending investigation. Ny Bal
linger. he SAYS. had meanwhile. while stll
Commissioner Of tho Land once. been ap-
peerine in favor of a bill 10 facilitate the
consolidation Of land claims
tIe then takes UP Mr. Ballinger's restg-
nation and subsequent appearance as at
torney for the Cunningham claims and
says:
There was az that time. and now IS in
iorce, statute OF the United States which
says:
1T shall not be lawful for any person
appointed after the first day of June.
1872, as an officer clerk or employe in
any OF the departments. TO act as eoun-
sci, attorney. or agent for prosecuting any
claim against the United States which
was pending in either OF said depart
or employe, nor in any manner. nor BY
any means. to aid in the prosecution of
any such claim. within two years next
after he shall have ceased 10 be such Of
ncer, clerk or employe.'
When Mr.. Ballinger became Secretary Of
the Interior in March. 1909. Mr.. CLAWS SAYS
Nr. bennett. then commissioner OF the
General Land Office. az once directed him
20 submit a complete report Of his Alaska
coal investigation within sixty DAYS This
time Mr.. CLAWS found was insufficient in
which 10 prove his case Then. too. he
says came up at a conference with Mr.
Ballinger and Mr.. bennett a difference Of
'piAioh over lhs erect or the statute or
1898. allowing a consolidation Of entries
where tie original entries were made in
good faith. Mr CLAWS says he held this
act did not validate fraudulent entries
previously made. while Mr.. bennett held q
contrary view. The question was submitted
10 the Attorney General but was afterward
referred 10 the legal department OF the
Interior Department. which decided
against Mr.. CLAWS. The writer then goes
on:
Without consulting with nv superiors. I
went 20 Attorney General Wickersham and
that he asked Mr.. Bsllinger TO refer the
matter 70 him. Mr.. Ballinger requested me
70 withdraw my report. which showed that
II the Pierce decision was correct. the gov
eminent had no ground to object 10 any
OF the Alaska claims. ] withdrew that re-
port.
Ten day. later the Attorney General de-
livered an opinion on the question II is
say il overruled the Pierce decision on
every point upheld my contention and
saved the Alaska coal cases.
Mr.. CLAWS saws in closing:
The President has chosen 10 treat my re-
port as a charge OF criminalitv I made
Presidents letter is defence of Mr. Bal
linger and Mr.. bennett from charge. not
made in my report 10 him. / was not in
vestigating either Mr.. Ballinger or My
cause knew that these cases were TO come
before Mr.. bennett and that there was no
appeal from his decision save to Secretary
Ealltnger, because Secretary BaIlinger had
stated he would not act in these cases and
because the next ranking officer OF the de-
partment was Assistant Secretary Pierce,
Wickersham had overruled, / believed the
Alaska coal cases were in danger.