The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1909-11-09
THE WH|TEWASH|NG OF R.A BALL|NGER''

department of the interior de-
partment, were drawing up a de-
cision conforming to Mr.. Dennett'f
view that under the new law the
former fraudulent entries could
be made good and consolidated
My opinion was asked, and 1 said
that the law only allowed bona.
fide entries to consolidate, and
that l did not see how they could
get around that.
Pierce's Decision on the Fraudu.
lent Claims.
On the following day Mfr. Den.
nett, in a conversation, told me to
make my reports I'm conformity to
his decision, and at my request a
letter was sent to me on May "a,
directing me so to report.
On the 2eth ! reported that, &C.
cording to the decision rendered
by the interior department, it was
useles to proceed with any fur
Their Investigation, and that un-
der the decision / was obliged to
report 1872 claims, including the
Cunningham group, for the con-
sideration of the commissioner
under this decision. The decision
rendered by Mr.. Pierce was as
follows:
Department of the Interior,
Washington, May 10, 1909.
"The Commissioner of the Gen
eral Land Office-Sir: Referring
to your recent request for instruc-
lions relative to unprotected coal
land entries within Alaska, made
by qualified persons prior to the
passage of the act of May 28, 1908
(35 Stat, -424, concerning which
you report that under varying
conditions arrangements had been
entered into looking to the trans
fer and consolidation of the en-
tries into groups, in order to Sc
cure such acreage as would war
rant the economic development of
the groups, and that application
is now being made to perfect said
entries under said act, / have to
advise you that the act Of May 2S,
1908, was a curative act and
should be literally construed so
as to further the object intended
to be advanced by said legisla-
ton, namely, the consolidation of
coal claims in Alaska, initiated
prior to November ~, 1906,
through means of associations or
corporations, so as to permit of
the requirement of title to con-
tiguous locations not exceeding
1850 acres.
There are, of course, condi-
lions respecting the qualifications
of the persons constituting the as
ISOLATION or corporation making
the consolidated entry, its length,
ETC., with respect to which your
inquiry has no relation. 1t is as
sumed that the difficulty with
which your office is confronted
in passing upon these applications
is merely that technical objection
might have been raised as to the
good faith of the claimant or en-
tryman because of the understand
ling, arrangement, or agreement
contemplated or entered into with
respect to the completion of such
entries prior to the passage of the
act of May %, 1908. With. re-
spect thereto / am of the opinion
that to so limit the scope and
purpose of the act of 1908, as to
refuse the privilege of perfecting
such claims under its liberal pro-
visions, solely because of such
previous arrangement or agree
meat, is unwarranted, and that in
passing upon entries sought to be
perfected under the act of 1908,
where the only objection thereto
is an arrangement or agreement
of the character specifically de-
scribed in your letter, the same
might and should be accepted and
passed to patent.
Every respectfully,
CRANK PIERCE,
"First Assistant Secretary"
l was then in a yer ydifficult
position. knew what the law
was, and my superiors were
against me. If 1 accepted their
ruling, 100000 acres of Alaska
coal lands were slipping from the
the United States with no hope of
recovery - and were going to
claimants many of whom were
fraudulent. The chance for the
wise regulation of Alaska coal
lands urged by President Roose-
welt would be gone.
Wickersham OverruIes Ballinger.
without consulting with my SUI
periors, / went to Attorney-Gen-
eral Wickersham and stated the
matter to him. understand
that he asked Mr.. Ballinger to re-
fer the matter to him. Mr.. Bal
linger requested me to withdraw
my report, which showed that If
the Pierce decision was correct,
the government had no ground to
object to any of the Alaska claims.
l withdrew that report.
Ten days later the attorney
general delivered an opinion on
the question: is long, and ]
shall not quote 1t. Suffice it to
say it overruled the Pierce deci-
sion on every point, upheld my
contention, and saved the Alaska