New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-17
REPORTING CLAWS
COFctEsire 4fHsJrer to Henri
NOskO5cit.'s Compliant.

which appeared IN The Tribune o. Monday. +
strikingiy illustrates the prejudice which .
80 completely blinds the partisans In TINS
unfortunate AFFAIR 20 the facts. after stat {
Ing that he has carefully read the Official
reports. SIR. MOskowitz asserts that Claws
undertook "the modest task" or proving
that when Ny BalHnRer was made sscre- +
tary % the Interior the department. was not
PLACED TN safe hands. that CLAWS pre-
ferred no eNtTav CANT charges aRains. NIr. .
Ballinger. that CLAWS. by appealing 20 ths
Attorney General. prevented the patent!rar
Of the Cunningham claims. and that a. a
result Of Glavis's appeal the Atto-ney Cen
eFal ''nuilined' the decision OF Assistant
Secretary Pierce Affecting the Cunningham
CLAIMS. NO.One who without prejudice has
read Glavis's article IN Golfers" his
charges 70 che President and his direct
testimony can draw the conclusion that he
purpOsed merely % establish the DrOpo-
sition that the Department OF the Interior
vas not placed IN safe hands" That ma
terial modification OF his original charges
Was wrung from him on cross-examinatiOn
after he had been compelled step by step
70 admit that he had no evidence with
which TO support more extravagant
charges. In his Golfers" article CLAWS
obviously impugned the reputation ot Mr.
Ballinger. and specifically charged that
Pierce decision would have validated the
Cunningham claims had not he CLAWS
induced the Attorney General O render
an opinion which overruled the opinion %
Pierce IN all particulars and saved the coal
lands or Alaska from dummy" ent-ymen
and fraudulent claims. Attorney General
Wickarsham saws on the subject:
"Glavis's claim that he prevented the gov
eminent from being defrauded by procuring
a reference TO the AttOrney General Of the
questions OF law involved. and the over
ruling by him Of an opinion written by As
sistant Secretary Pierce which would nave
enabled the Cunningham claimants 70 pre-
cure patents on their claims. Is absolutely
disuroved By the record. which shows: ID
That the letter submitting the question 70
the Attorney General. the form OF which
was prepared by Mr.. Schwartz IN confer
ence with Claws. and was in part suggested
By him. by i;s very terms ercludsd anu
D0ssiBIs reference 90 the Cunningham
claims, and 81 that, with the explanation
Of a somewhat ambiguous phrase initiation
Of the entry used by Assistant Secretary
Pierce. his construction o. the status DID
not differ from that given 20 1t oy the
Attorney General in his opinion
The Attorney General says further The
intervention OF the Forestry Bureau, pro-
cured BY CLAWS, is shown by the records
70 have been entirely unnecessary TO me
protection Of the interests OF the Cn'Jed
States"
In his direct testimony Claws cnarsea
that Bslhnger drew an unlawful agreement
for dummy entrymsn IN the Wilson Coai
Company ease and admitted on cross-ex-
n
port his charge except the alleged state
ment OF one Allen. The court record OF the
Wilson case shows that Allen, under oath,
stated precisely the opposite CLAWS
charged that BaIlinger's name as attorney
was stricken from the record OF the Wilson
case and purposeIy conveyed the impress
sion. as IS clearly shown by the unanimity
OF the press reports. that this was done az
BaIlinge-'s instance The record or me
case. which was accessible 10 CLAWS. shows
that BalIingers name appeared more than
fifteen times. After stating IN his charge
70 the President that Ballinger had directed
Pierce TO render a decision on the Alaska
coal law after having agreed % refer II %
the Attorney General. CLAWS admitted on
the stand that he had no knowledge as 70
how the law came 20 be referred 70 Pierce
for decision and did not know Il was with
Bailinger's knowledge. IL viii be suose-
guently shown that il was not
Mr. M0skOwitz asserts that Balltnser.
when he was Land Commissioner, had an
Interview with Claws regarding the Gun
uinghaa claims. Ills only interview with
CLAWS had referred 20 Alaska coal lands IN
general CLAWS suggesting that inesmuch
as they had been investigated by Special
Agent Love. who was candidate for mar
shaL they should be further investigated.
and Glavis's own testimony shows that no
Information affecting the validity Of the
Cunningham claims reached the General
Land once until approximate a month
after BaLinger had resigned as COmnis-
s.OneT.
The assertion taat a. Commissioner NJ.
BaHiase- had learned from the report Of
Special Agent Jones that the Cunningham
claims should no further investigated e
wholly misleading. because Jones made $40
SPECIFIC reference To these claims.
Nj. Moskowitz's assertion that without
ANY previous announcement" Balllnger
ordered the Cunningham claims clsarlisted
CONVEYS a false impression Ballinger
ordered these claims cIearIistsd on the
recommendation OF Special Agent Love.
bat simultaneously caused Claws TO be- no
L4llrl Llaf nc Alial+A hLN1rAl- a -
he might know Of This constituted a pre-
vious announcements" in the sense In which
70 is used by Mr. Noskowitz CLAWS re-
ported that the claims should not be clear
listed. the order 60 clearust them was I'm
mediately counte-nlaEd=d. and So stands
20 this day.
The assertion that BalllnEsr by support
ing the Cal biz. sought by legislation 20
validate the Cunningham claim Is disproved
By the fact that the Gale bill referred 70
new entries only permitting the cOnsO,ida-
ti0- OF former entries. y made 90 GOOD
faith % the extent o. $3.50 acres.
The Efforts % ESTABLISH a distinction be-
tween the legislative p0licy Of Roosevelt
and Garfield and that OF Balliuser and %
show that the former would have secured
for the governments increased prices FOR
coal lands fall to the ground In The light
OF the oElciai record. which shows that
BafIinger urged before the Public Lands
COMMITTEES thai the Gale bill be 80 amend
ed as TO permit the Interior Department q
classify and dispose % coal lands "at prices
commensurate w;tn their ascert4ine'l
value"
The inaccuracy % the statement that.
Immediately after resiguing as Com
missioner. BaIiiuEer became counsel for the
Cunninghars Is proved by thc fact that
he resigned in March and that q was not
until September that ne act.d as. lawyer
for one OF the Cunningham claimants 90