East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-11-09
CLAWS CHARGES
SECRETARY BALLINGER
CONTINUED from Page Two.)

L
was as follows:
Department OF the Interior,
washington, May 19,19O9
"The Commissioner of the General
Land office.
"slr-Referring to your recent re-
nuest for instructions relative to un-
perfected coal land entries within
Alaska made by qualified persons
prior to the passage Of the act Of
May 9S. 1908 (S5 Stat 42D, con-
cerning which you report that under
varying conditions arrangements had
been entered into looking to the
transfer and consolidation Of the en-
tries into groups. in order to secure
such acreage as would warrant 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 legislation.
namely. the consolation Of coal
claims in Alaska, initiated prior to
November 12, 1906, through means
/ Of associations or corporations, so as
to permit of the requirement of title
to contiguous locations not exceed
ing 1850 acres.
There are, Of course, conditions
respecting the qualifications Of the
persons constituting the association
or corporation making the consoli-
dated entry, its length, etc. with re-
spect to which your inquiry its
length, etc, has no relation. It is
assumed 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 entry
man because of the understanding,
arrangement or agreement contem-
plated or entered into with respect
| to the completion of such entries
prior to the passage of the act of
May 2S, 1908. With respect thereto
I am of the opinion that to so limit
the scope and purpose Of the act Of
COS. as 10 refuse the privilege of per-
| fecting such claims under its liberal
provisions solely because of such
previous arrangement or agreement,
is unwarranted, and that in passing
upon entries sought to be perfected
under the act of 1908, where the
only objections thereto is an arrange
ment or agreement of the character
specifically described in your letter,
the same might and should be ac-
cepted and passed to patent.
"Very respectfully,
"CSigned) FRANK PIERCE,
First Assistant Secretary"
I was then in a very difficult posi-
ton. 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 United States with no hope
of recovery-and were going to
claimants many of whom were fraud
ulent The chance for the wise reg
ulation of Alaska coal lands urged
by President Roosevelt would be
gone.
Wickersham Overrules Ballinger.
Without consulting with my su-
periors, 1 went to Attorney General
Wickersham and stated the matter
to him. l understand that he asked
Mr.. Ballinger to refer the matter to
him. Mr.. Ballinger requested me to
withdraw my report, which showed
that If the Pierce decision was cor
rect the government had no ground
to object to any of the Alaska claims.
1 withdrew that report.
Ten days later the attorney general
delivered an opinion on the question
it is long, and I shall not quote it,
Suffice it to say it overruled the
Pierce decision on every point, up
held my contention, and saved the
Alaska coal cases.
Ballinger Against Investigation of
Congressman.
One other fact arose on my visit
to Washington Ind of this have
no documentary evidence).
In my conference with Mr. Bal
linger, stated to him that l was 60
ing to see one of the congressman,
regarding whose participation in the
Alaska coal cases l had sworn testi-
money; he replied tha there had been
too much of this sort of thing, and
that that was a matter for congress
sional investigation. In consequence,
after consultation with other govern
ment officials, 1 decided not to see
any congressman; but 1 afterwards
found out-from sworn testimony OBJ
tanned by me and now in the land
offlce-that Mr.. Ballinger had, about
year before, represented a congress
man in Alaska coal matters.
At the expiration of the sixty days
allotted for the completion of my re-
ports, I telegraphed that l was get
ting new evidence, and that l could
not consistently make final reports
while further evidence was available,
Cunningham cases included, and that
the time should be extended at least
sixty days longer.
Ballinger Pushes Trial When Govern
ment Is Not Ready.
In answer to this telegram | receiv-