The Washington times., 1909-11-09

dence. The giving out of such i6forT1a.
Ioh was contrary to express regulations
{ ! or the Interior Department
by order of Mr.. bennett. by telegram
dho letter. I was taken Of the Alaska
eases IN May, 1908, and ordered on other
, HOLh; Inc reason given Tor this action
gram that delay of the Investigation
would greatly lessen the Government
chIahee 70 secure evidence.
TO the Alaska cases by "A letter of Act.
ING Assistant Commissioner Schwartz.
statlng that my work lad been sus-
pended pending legislation.
Technical Violation"
Mr.. Ballinger retired as commissioner
OF the Land Office IN March, 1908. A
few days before, while still an OFFICER
Of the United States, Mr.. BaIlinger an
peared before the Hors Sc Committee on
Public Lands in favor of the Gale bill.
then pending. In the course of his
statement. he said: - the last
section Of the bill provides for con-
solidation Of existing entries and does
not call for the proof Of good faith OF
the original entry or location. There
are great many charges pending
against some OF the original entries In
Alaska. AT the time these fields were
/ located, corporations were organized.
The men had really no method of TAX
ing advantage of these coal measures.
/ II resulted In their getting involved in
/ conditions which, upon the records OF
/ the Land Onice. are a technical viola
ton or the statute and f. Is a situation
which should be cleared up. In my
estimation il has not been the intention
| OF the people IN the field nor in Alaska
10 put them in hostility TO the laws but
they have been In a position where they
could not, by virtue of the cirCuu-
stances, accommodate themselves to tho
laws and with this last provision they
could trausmute their present entries
into the form suggested by this BILL
and those new entries would be treated
as primary entries. In other words, il
would be an abandonment Of the old
conditions which have made a great
deal of difficulty in the matter of the
disposition Of the land In many in
stances"
When Mr.. BaIIinEer made this
statement lbefOre the Committee on
Public Lands) he was urging a change
ia the law by which fraudulent en-
tries would be made validity which
the CunninEham group and the other
Alaska cIalh-s <-@=.Id have received
patents 10 practically 100000 acres of
Alaska coal fields.
Whether OF not we agree that a frau
dulent entry is a technical violation"
Of statute. there seems little doubt
that Mr.. Ballinger was then well IN
formed as to the defects in the Alaska
coal claims (which included the Gun
bingham group.
1t IS with Mr.. Ballingers testimony
before this committee in mind that we
come to the next step. Within a short
time after he resigned. Mr.. Bauinger
became attorney for the Cunningham
group Of claims
There was at that time. and now IL.
which says:
at shall not be lawful for any person
appointed after the first day OF June |
1S72. as an officer. clerk. OF. empIoye islt
any of the departments. to act as cOun-
sch attorney, or agent for prosecuting !
any claim against the United States
which was pending IN either of said de-
paTtments while he was such an officer. !
clerk, or employee, nor In any manner, {
nor by any means, TO aid ia the pr0secu-
ton OF any such claim, within two years
next after he shall have ceased TO be /
such officer. clerk, or employee"
This is the only statute that l know
of regarding the Improperly Of a Gov
eminent officer taking claims against
the Government after his resignation.
OF that employment, President Taft /
has said:
President Taft Said.
IN the interval, when you were
not holding Office. one OF the Gun {
ningham coal claimants consulted you
IN regard TO the prospect OF securing a /
patent upon the claims. and invited 4
your attention to the character of GER
tain evidence which was being used 10 4
impeach the validity Of the claims by 4
Special Agent CLAWS. You accepted the /
employment. visited Secretary Garfield /
and Commissioner bennett; presented /
the question TO them IN respect 10 which .
you had been consulted, found that I
there was no probability Of securing a /
patent Of the claims without presenting /
them under recent remedial legislation
imposing conditions which the claimants
were either unwilling or unable 20 meet
You 50 advised your clients. To pay
your travelling expenses ana for your
services you received $3.50 and no more I
The inference which MIR. Claws seeks
TO have drawn to your discTedit in this
connection is that you. while Commits
into possession Of facts concerning the
sO-cailed Cunningham group o. coal land
claims which made II improper for you
TO use such facts after your resignation
Ia the course of securing the patents
ind the fact 20 be that, as commissioner
yOE acquired no knowledge IN respect
10 the claims except that of the most
formal character, and nothing which
was not properly known TO your clients
when they, consulted you"
"Told Ballinger All"
do not quite understand the Presi- J
lent's statement that Mr.. Ballinger had {
1nly the most formal knowledge" of
he Cunningham cases. Mr.. Banlnger
lad all the knowledge anybody in the
department had, because Special Agent
ZONES and told him all we knew Mr.
knew that he had revoked
he order 10 patent Mr.. Cunningham
,laims on account Of my protest that
believed they were not bOna-hde en-
ries. He knew or might have known,
hat j then had no conclusive proof
-gainst the claims Mr. Ballinger had
made a statement to the Congressional
committee as to these claims, the nature
4 the defenses. and the legislation
which was needed 70 make them valid, !
md he had ordered them investigated
~ Love, Jones, and myself Whether
here was any improperly in his later
cLng for the Cunningham group. the /
resident Is doubtless a better Judge /
nan J. one point, however, Is inter /
sting IN the light OF later events The /
resident In mis- letter states that Mr. ! i
5dllnBer, as a private attorney, advised ! 4
nat the Cunningham group could not
Dtaln patents-presumably because the
hLfies were not under the law, made II
N good fdlfn for the - oh II