Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-09-09
WHAT IT'S ALL ABOUT
Here's a True History of the
BalIinger Row
AND THE CLAWS CHARGES
And the Cunningham Coal Land
Claims
AND WHAT'S AT THE BOTTOM
In Fact, Here's the Whole Blamed
Business, All Explained for
Everybody.

| Whats it all about, anyhow"
| Secretary Ballinger and his chief Law
assistant. Mr.. LAWYER, returned last night
from Beverly, where they had made Tex
hibit A. in the Interior Department:
answer in the CLAWS charges Today those
officials. while having nothing to say
that had eaten the canary bird, and by
| their demeanor impaired to the other Of
ficials feeling of little more security
| in their chairs.
IT can say nothing for publication, "
was the word from Secretary Ballinger
Whatever is to be told the public will
come from President Taft. and that as
soon as he sees fit to make statement
| Secretary Ballinger will remain ir
Washington about ten days and will ther
start west, joining the President at Den
yer and accompanying him on part of his
trip. 1t is not known here whether the
President will announce his views upor
the CLAWS charges and the Cunningham
cases before he starts west or will wait
and clean up the whole Ballinger-Pinchot
conservation at once.
| Well, you see, stranger. it was like
this as the old scout says in the melo-
drama:
The Cunningham coal claims are To-
Gated near Katalla, Alaska, and cover
thirty-three coal entries of an area OF
$3.50 acres. A report upon them. made
by the claimants expert, alleges that
they contain over 63,O0O.OO0 long tons OF
coal and more or less timber for mining
i waterfalls W
| 1000 horsepower, which may be used fol-
hauling, lighting and other purposes in
connection with the mines.
| Special Agent Love of the general land
Office had been investigating these claims
in a desultory manner for more than a
year before the summer of 1907. when
Special Agent H. T. Jones was directed
to make an investigation. Mr.. Jones
| submitted reports early in the fall OF
1907 which questioned the entries. in
timated they were fraudulent and in his
| opinion made for the benefit of the
Guggenheim syndicate. He recommended
:. further investigation to develop the
FIJI facts. In December, 1907. Mr.. CLAWS
Loves control ceased. and early in JAN
| uary, 1908, the claims were clear-listed
| for patent in the general land Office. pre-
| sumably with Commissioner Ballinger's
knowledge and approval, and CLAWS was
| informed Of that action.
A Question OF Ethics.
| Right at this point an interesting di-
version occurs. bringing UP question
Of ethics which concerns Secretary Bal
linger. Mr.. Ballinger, up to March, 1908
| was commissioner of the general land
Office, before which. bureau the Cunning
| ham cases were pending.
When Mr.. Ballinger resigned from the
commissionership he. accepted employ
ant hn MI I1o,
| claimants, and, it is alleged. notified Sec
rotary Garfield that he desired to put In
a brief for them This action has sub
! mitted Mr.. Ballinger to criticism by his
| by his friends 1t has been charged that
Mr.. Ballinger was officially, if not by
| statute. barred from appearing before
| any cases in the land office within two
years Of his incumbency.
Section 100 of the revised statutes pro-
vides:
1T shall not be lawful for any person
appointed after the LIST day of June, 1872
as an officer. clerk or employe in any OF
the departments. to act as counsel, at
claim against the United States which
was pending in either of said depart
ments while he was such an officer, clerk
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 to be such
| officer, clerk or employee
i It is claimed in Mr.. Ballinger's defense
that Secretary Hoke Smith and Acting
Secretary Ryan have ruled that the
phrase claim against the United States
| as employed in this section means q
money demand and not a claim involving
a right to public land
Lamar's Ruling.
AS against this Secretary Lamar pre-
I uinIYc1v hot no
land claims. The decision arose upon 6
case said to be upon all fours with Mr.
Baliinger's employment. Luther Harrison
former assistant commissioner of tn.
land office. complained that the commits
him to appear in any land cases which
had arisen while he was in Office.
Secretary Lamar held as follows:
/ THE objection is that this statute ha.
no reference to contests of title to lands
but only to claims for money upon tn,
United States. and that the language O
the statute and the policy of the act ar,
each satisfied by this Interpretation.
Il do not concur in this conclusion. TIL,
statute applies to all of the departments
classes in each one, and to all prosecu
tons of claims of every class in the de
partmentS pending there while the officers
1 clerks or employees appointed since June
1877. belong to them. The act is not pena
In its nature. 1t authorizes no crimina
prosecution nor does it impute discredi
or dishonor nor affix stigma on any. 1
creates civil disability for the public
utility
Its design is to elevate the public serv
| Ice so that 1t may inspire public conf
dence. The act plainly implies that it ii
not suitable or seemly for an officer, clerl
or employe shortly after his departur,
, from service in department to appear
before that department as prosecutor o.
the claims pending therein against tn,
United States while he was a member
Of it.
THE principle of the act is that all tn,
public servants in the departments
whether officers, clerks or employees, shall
observe condition which at least tend.
| to hinder them from appearance of beinf
| placed under suspicion of having had
conflict between their duties and officer!
or public agents and as men. and as Civ
ing preference to the last. -
Neither do / concur in the argument
| that cases prosecuted in the land office
| relative to claims for title to the public
lands are not included within the terms OF
the act"
Followed Smith Decision.
However, Mr.. Ballinger proceeded upon
the later decision of Secretary Hoke
Smith and became attorney for the Cum
lninghams. few months later when he
was called into President Taft's cabinet
as Secretary Of the Interior he gave uI
his clients cases and directed Assistant
Secretary Pierce to pass upon all ques-
lions in connection with those cases.
| 1t has also been noted that Mr.. Bal
Ir;ngar r,l,on commissioner of the land Of