Daily capital journal. (Salem, Oregon) 1903-1919, 1910-01-05

site slSirmish cleared away, some
body discovered that Secretary Bal
linger was hard at work-and had
been since a week after his taking Of
fice-restoring to entry millions of
those precious acres that Roosevelt
and Garfield had withdrawn only n
short time before. Ballinger found.
ed his restorations on the theory
that the Secretary of the Interior
has none of the Supervisory au-
thority' which Secretary Garfield
had quoted to justify the withdraw
ais. Out of the west came a chorus
of disapproval. Ballinger continued
his restorations, until the matter
was called to the attention of Presl'
dent Taft, who decided in favor of
the Supervisory authority"
This brought the Ballinger ad-
ministration down to August, 1909,
and then through the lowering
cloudbanks there flashed, with a
thunderous report, the CLAWS
charges, regarding the Cunningham
coal claims in Alaska.
The Cunningham claims, near
Katalla, Alaska, cover thirty-three
coal entries comprising $3.50 acres.
A report made by the claimants eX-
perts says that they contain over
63,O0O,00O long tons of minable
coal, much timber for mining pur-
poses, and waterfalls which could
furnish 1000 horsepower available
for hauling, lighting and working
the mines.
These claims had been under in
vestigation for more than a year
when they were turned over to l..
r. CLAWS, chief of the field division
of the land office at Seattle, for in
vestigation in December, 1907.
Special Agent H. T. Jones had re-
ported that in his opinion the en-
tries were suspicious, and he be-
lieved were fraudulently made in
the interests of the Guggenheim
Mining Syndicate. Early IN Janu-
ary, 1908, while CLAWS was investi-
eating the claims, they were ''clear
listed for patent in the land office,
and CLAWS was informed of that at-
ton.
Right here arises a very interest
ing question of ethics which the OPP
ponents of Secretary Ballinger pro-
pounded at that time and have been
raising ever since. Ballinger, up 10
March. 1908, was Commissioner of
the General Land Office, which bu-
reau had charge of the Cunningham
cases. When Ballinger resigned as
commissioner he became attorney
for the Cunninghams, and submitted
a brief in the case to Secretary OF
the Interior Garfield Section 100
of the Revised Statutes of the Uni
ted States provides that no officer or
employe of the United States shall
act as attorney or counsel for pros
ecuting any claim which has been
pending in the department with
which he was connected, within two
years after leaving the government
employ
There had been varyinS decisions
by former law officers of the govern
ment holding that the word claim
in this statute means, on the one
hand, only monetasy claim
against the government, and, on the
other hand, any claim of any de-
scription, including land claims.
These were argued pro and con, on
the question of Ballinger's becoming
attorney for the Cunninghams, by
those taking sides in the matter,
but his opponents kept close to the
ethical view of the question.
When Ballinger entered the Taft
cabinet in March, 1903, he gave up
his connection with the Cunningham
cases, and when they came to him
as Secretary of the Interior, he di-
rected Assistant Secretary Pierce 20
decide all questions relating to
them.
But to return to CLAWS. When
he was informed of the clearlisting
of the Cunningham claims for pa
tent he entered protest and the ac-
ton was suspended. CLAWS was or
dered to resume his investigation.
On March 8, 1908. Ballinger, then
Commissioner of the General Land
Office, had appeared before the
house committee on public lands in
relation to a bill introduced by Dele
gate Gale, of Alaska. The Gale bill
provided for the consolidation OF
bona fide entries on Alaskan coal
lands. Commissioner Ballinger
showed considerable familiarity
with "thirty-three entries on Alas
kan coal lands, embracing $3.50
acres near the Behring river in the
Katalla District" He said that a
great many of the entrymen became
involved in conditions, which, on
the Land Office records, show a
technical violation of the statutes, Z"
and urged legislation permitting the
consolidation of the entries. The
committee disTegarded his sugges-
ton. But, a bill introduced by Sen
ator Hepburn, and amended at the
suggestion of Secretary Garfield, be-
came a law. This law provided for
the consolidation of claims entered
by locators solely in their own in
terest and not as the employed
agents of another.
Immediately after his resignation
as commissioner, Ballinger, as attor-
ney for the Cunninghams, filed an
affidavit in explanation OF certain
passages in a private journal Sc
cured by CLAWS from Cunningham.
which is alleged to have shown that
the Alaskan claims were taken out
by the Cunninghams in the names
Of dummy entTymen. The book
Il Ill -. L.. l.rfH