The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-06
WHAT CLAWS HAD
Attorney General Wickersham
in Report to Taft
Says MegalOmania Is What He
Was Afflicted With.
HE WAS NOT IMBUED
With a Deep Sense OF Patriotic
Duty
When He Made Charges Against
Secretary BaIlinger.
HE WAS NOT IMBUED

formerly chief of the field DIVISION OIL
the general land office suffered of mega
lomania and was not imbued with
deep Sense of patriotic duty in making
charges against Secretary of the In
terror Richard A. Ballinger and others
in connection with coal land claims in
Alaska, according to Attorney General
George Wickersham. whose report OF
September II on the controversy was
sent to congress today by President
Taft.
Attorney General Wickersham severe
ly arraigns CLAWS in his summary of
the documents submitted by CLAWS and
the replies thereto. All the papers in
the case were sent to congress in re-
sponse to a resolution of Senator Flint
of California.
The attorney generals statement re-
cites the charges preferred against Bal
linger by CLAWS on August Is, reviews
the status of the Cunningham group or
coal land claims in Alaska. states Bal
Hnger's relations with the claimants,
cites the laws bearing on the case,
quotes many letters written by Claws
and others in regard to the claims and
the resultant controversy and draws
the following conclusions:
His Conclusions.
"The conclusions which, in my opin-
ion, are very clearly established by
these papers, are as follows:
"First-The insinuations or charges of
improper action on the part of Secre-
tary Ballinger. Assistant Secretary
Pierce, Commissioner bennett, or Chief
of Field Division Schwartz are in my
opinion. entirely disproved. SO far from
taking any action to favor the Gun
bingham claimants, the record clearly
shows that Secretary Ballinger was
to act upon these claims, for the rea-
son that during the summer of 1908
while he was in no manner connected
with the government, he had been con-
suited by some of the claimants with
respect to the issuance of patents. and
had called upon Secretary Garfield for
the purpose of aseertaiuing the attitude
of his department thereon. Neither his
action nor any of his written or spo-
ken expressions were favorable to these
claimants. The utmost he did was 10
instruct the land office to promptly in
vestigate and dispose Of all pending
cases.
"Second-The suggestion that it was
unlawful for MI. Ballinger to have any
professional relation with these claim
ants because of his previous incum-
bency of the office of commissioner of
the land office is, in my opinion, un-
sound The suggestion is based on sec
tion 100. United States revised statutes,
which enacts:
I" 1t shall not be lawful for any per-
son appointed after the first day of
June. 1872 as an officer. clerk. or en-
Dloye in any of the departments to act
as counsel attorney agent for the pros
eoution Of any claim against the Uni
ted States which was pending in eth
er 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 officer. clerk, or
employe.
Tic Harlan Case.
'In the case of w. D. Harlan, Secre-
tarv of the Interior Smith, in a we'll
reasoned opinion. 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
which gave a wider application to the
words. was overruled.
"Third-The Cunningham locations
we're made in July and August, 1904. All
but three of them proceeded to entry
prior to May l. 1907, and the remaining
three in October 1907 payments aggre-
eating $52.SO0 being made and covered
into the treasury.
1.-THE government has had an abun-
dance Of time TO investigate the validity
of these entries. The entrymen are
certainly entitled to know with reason
able promptnese the objections to is
suing patents On their claims %nd 70
have sucn objections disposed of Within
a reasonable time. The attention OF
the and office vas specifically direct cti
to their claims in August 1907. They
We're Investigated by Agents. Love and
Jones. They were put in Mr.. CLAWS
hands, together with the investigation
of all other Alaska coal lands locations
and entries in January, 1908. Hc ha
the benefit of the report of Nessrs.
Love and Jones. All the essential facts
relating to the claims seem to have
been ascertained by him in the spring
of 1908. Indeed, the claimants do not
appear to have made any concealment
of the facts upon which their claims
depend. Except during a period of not
exceeding two months (April and May,
1909 when proceedings were suspended
owing to the exhaustion of the appro-
priation CLAWS had upward of two
years in which to complete his investi-
cations. He was furnished by the land
office with all the assistance which he
requested All efforts to induce him to
bring his investigation to a conclusion
were met only with requests for fur
ther assistance. coupled with criticism
of his superior officers, as we'll as of
other special agents who had been con
nccted with the cases; and every time
the general land office urged a speedy
cOmptellOn OF the WOrk-Wnlcl. it NAV
be observed, was merely preparatory Ia
Il trial of the questions involved in the
entries, for the purpose of determining
whether or not patent should issue
CLAWS advanced some more or less
specious reasons why he was not ready
to formulate objections and proceed to
trial.
Was Not Hampered.
Instead of hampering or interferins
With him. every facility was given 10
MN by the interior department, and
with one or two immateriaI excentiors
every request for assistance Vas
promptly granted. Had the department