East Oregonian : E.O. (Pendleton, OR) 1888-current, 1910-01-04
THE BALuNGER- CONTROVERSY
of Forth Congress
sionalI

site skirmish cleared away, somebody
discovered that Secretary Ballinger
was hard at work1and had been since
n week after his taking office-re-
storing to entry millions of those pre-
cious acres that Roosevelt and Gar
field had withdrawn only a short time
before. Ba.linger founded his resto-
rations on the theory that the secre-
tary of the interior has none of the
Supervisory authority" which Sec
retary Garfield had quoted to justi-
fy the Withdrawals. Out of the west
came a chorus of disapproval. Bal
llnger continued his restorations, un-
til the matter was called to the IT
tention of President Taft, who de-
cided in favor of the supervisory
authority"
This brought the Ballinger admin
istration down to August, 1909, and
then through the lowering cloud
banks there flashed, with thunder
Gus report the CLAWS charges, re-
gard ng the Cunningham coal claims
in Alaska.
The Cunningham claims, near Ka-
talla. Alaska, cover thirty three coal
entries comprising $3.50 acres A re-
port made by the claimants experts
says that they contain over $4,000
900 long tons of minable coal, much
timber for mining purposes. and va
terfalls which could furnish 1000
horsepower available for hauling
lighting and working the mines,
CLAWS on the Scene.
These claims had been under in
vestigation for more than year when
/ they were turned over to L. r. CLAWS
chief of the field division of the lant
office at Seattle, for investigation In
! December, 1907. Special Agent H. T
Jones had reported that in his opin'
ion the entries were suspicious, and hi
believed were fraudulently made IL
the interests of the Guggenheim Min
ing Syndicate. Early in January
1908. while CLAWS was investigating
. the claims, they were ''clear listed TO
patent" in the land office, and Gla
Wis was informed of that action.
Right here arises a very interestin
question of ethics which the oppon
ents of Secretary Ballinger pro
pounded at that time and have bee
raising ever since Ballinger, up I
March, 1908, was commissioner of tn
general land office, which bureau ha
charge of the Cunningham caset
When Ballinger resigned as commits
! sioner he became attorney for tn
! Cunninghams, and submitted a brie
: in the case to Secretary of the In
terror Garfield. Section 100 of tn
revised statutes of the United State
provides that no officer or employ
of the United States shall act as al
torney or counsel for prosecuting an
, claim which had been pending In tn
= department with which he was cor
| nected, within two years after lea'
: ing the government employ.
: There had been varying decision
7 by former law officers of the go
: ernment holding that the VOL
r claim" in this statute means, on II
;. one hand, only monetary clal
!, against the government, and, on Il
: other hand. any claim of any discril
r ton. including land claims. The
g were argued pro and con, on L
: question of Ballinger's becoming a
e torney for the Cunninghams, by tho
: taking sides in the matter, but +
y opponents kept close to the ethic
i view of the question.
l. When Ballinger entered the Ia
y cabinet inMarch, 1909, he gave up I
IS connection with the Cunningha
l. cases, and when they came to him
SECRETARY of the interior, he direct
ID Assistant Secretary Pierce to deci
e all questions relating to them.
'r CLAWS Protests.
E. But to return to CLAWS. When
3 was informed of the clear listing
to the Cunningham claims for patent
v entered protest and the action v
lie suspended CLAWS was ordered
It resume his investigation. On Mar
~ 3. 1908. Ballinger, then commission
as of the general land office, had
IN peared before the house commit
Il, on public lands in relation to
al introduced by Delegate Gale
IS. Alaska. The Gale bill provided
Of the consolidation of bona fide
tries on Alaskan coal lands co
missioner Ballinger showed consid
or able familiarity with "thirty-three
= tries on Alaskan coal lands, emor