The San Francisco call., 1910-09-10

while he was commissioner and which
it was his duty to aid in good faith
while in Office.
The act of May %. 1908, permitted
a consolidation of coal claims to the
extent of 1850 acres. where the loca-
tions had been made in good faith. The
construction placed upon the act by
Pierce, Bennett, Finney and Clements,
and seemingly by Ballinger, would have
condoned all agreements to combine in
violation of the act of April 23. 1904.
The Pierce decision had that effect.
Through the efforts of CLAWS and Hen
ry M. Hoyt this decision was reviewed
by the attorney general and reversed.
ATTEMPT TO FORCE CLAWS
In the summer of 1909, H. H.
Schwartz chief of the field division of
the general land office, endeavored to
force CLAWS to report on the Cunning
ham coal claims and to go to trial or
hearing in the proceeding to cancel the
entries without an examination of the
claims to ascertain if the improve
ments were being made in manner to
indicate that the claims were being
operated in common. This was an i'm
portant circumstance in the govern
ments case
After CLAWS was removed from
charge of the case, James NJ. Sheridan,
who was sent to succeed him, reported
that he was right and the field exam
ination was made prior to hearing"
WATER POWER SITES
Madison discusses the Pinchot charges
and the question of water power sites
and their withdrawal by the govern
ment in order to prevent monopoly.
He says:
iBallinger soon after taking office as
secretary declared such withdrawals
were without authority of law, al
though there was much authority to
uphold Garfield's action and restored
the lands to entry and exposed them
to the danger of ultimately, without
any restriction as to their use, falling
into the possession of those who would
monopolize the power.
AT the time of restora tion he did
not intend to rewithdraw the lands.
but on account of protests from those
who. he said, had an exaggerated idea
of the danger, he rewithdrew the lands
in sufficient quantity to protect the
sites. He made to Senator La Toilette
in letter as the reason for restoring
a large portion of the land the state
ment that the reclamation service had
recommended the restoration of the
land to the public domain.
"This statement also was made in a
letter to the president. The evidence
before the committee shows that the
tested against the restorations.
RECLAMATION SERVICE
"BaIlingers course toward the drec-
tor of the reclamation service since
he has been secretary has been such
as to tend to destroy discipline and
harmony in the bureau.
"It appears that CLAWS has been
effective in the accomplishment of re-
suits. He protested against and pre-
~ ~
ham claims when ordered to patent
by Commissioner Ballinger. He secured
a reversal of the Pierce decision con-
STRUNG the act of May %. 1908, and he
prevented the commencement of hear
ing to cancel the, Cunningham entries
until a field examination had been had.
CLAWS, Henry M. Hoyt, Horace Tillard
Jones and Andrew Kennedy are de-
serving of commentator by the people
of this country.
"The questions which should deter
mine the fitness of Ballinger as pub
lie servant were those which arose
out of the Cunningham claims and the
restoration of the water power sites.
These had to do with the conservation
of the natural resources of the nation
Ballinger on one side and Pinchot and
Garfield on the other occupy entirely
opposite positions toward that policy.
BALLINGER WAS WILLING
"Ballinger was willing that the Cum
ningham claimants should obtain their
patents without investigation, although
the signs were prominent, and he should
have been aware of them, that they
were travelling toward the Morgan
Guggenheim syndicate and monopoly.
He was willing to throw the power
sites along the streams of the west into
danger of acquisition by those who
would monopoliZe them. He could see
no danger in returning them to entry.
and only submitted to their rewith-
drawal because other men, alive to the
real danger protested and denounced
his attitude"
Madison discusses conservation and