The Cairo bulletin., 1910-01-07
W|CK{RSHAM IS
FOR BALL|NGER
HIS REPORT ON CLAWS STATE
MENTS WAS MADE PUBLIC
YESTERDAY.
WOULD FIRE Mr.. CLAWS
From Land Office--Attorney General
Draws Strong Conclusions
Says CLAWS Habitual
Procrastinator.

Washington, Jan. G.--In concluding
his report and summary on the stale
ment OF J.. r. CLAWS and the replies
thereto, relating to the conduct OF the
interior department in reference to
the so called Cunningham group of
cola land claims in Alaska. Attorney
General Wickersham says in part:
Conclusions.
1.-THE conclusions which, in my
opinion, are very clearly established
W these papers, are as follows;
First. The insinuations or charges
of improper action on the part OF
Secretary Ballnger, Assistant Secre.
tary Pierce, Commissioner bennett, or
Chief of Field Division Schwartz are,
in my opinion, entirely disproyed. So
far from taking any action to favor
the Cunningham claimants, the rec
ord clearly shows that Secretary Bal.
Iinger was scrupulously careful not
In any respect to act upon these
claims, for the reason that during the
summer of 1908, while he was In no
manner connected with the govern
ment, he had been consulted by some
of the claimants with respect to the
issuance of patents, and had called
upon Secretary Garfield for the pur-
pose of ascertaining the attitude of
his department thereon. Neither his
action nor any of his written or
spoken expressions were favorable to
these claimants. The utmost he did
was to instruct the land office to
promptly investigate and dispose OF
all pending cases.
Second The suggestion that it was
unlawful for Mr.. Ballinger to have
any professional relation with these
claimants because of his previous in
cumbency of the office of Commits.
sioner Of the Land Office is, in my
opinion, unsound The suggestion is
based on section 1870, United States
Revised Statutes, which enacts: =,
'It shall not be lawful for any per
Goh upIoIutCu tuC lllSI udy VI
June, one thousand eight hundred and
seventy-two, as an officer, clerk, or
employe of any of the departments to
act as counsel, attorney, or agent for
prosecuting any claim against the
United States which was pending in
either of said departments while he
was such 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 Off
GER clerk, or employe."
In the case of w. d. Harlan az
Land Dec, 216) Secretary of the In.
terror Smith, in well reasoned opin-
ion, held that the words "claim
against the United States" as used in
that section, must be construed to
mean money demand against the
United States. An earlier decision
G. Land Dec, 1857, which gave
wider application to the words, was
overruIed In Yeater v. Prince (33
Land Dec, 1879, this construction was
adopted and followed by Acting Sec
retary Ryan. A similar construction
has ben given in section 10 of the
act of March 3, 1868, now constituting
section 1859, Revised Statutes, relat-
ing to the assignment "of any claims
in favor ~of the United States" by
Attorney General Edwards (12 0p,
543); and section 549S, Revised
Statutes, relating to the prosecution
OF any claim against the United
States by an officer Of the United
States, etc, appears only to have
been applied to the prosecution of
money claims.
Third. The Cunningham locations
were made in July and August, 1904
All but three Of them proceeded to
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fCOucIiI{fpd nm THIRD naual