The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1910-01-08

+, decided in favor of the supervisory
authority"
This brought the Ballinger admins
~tration down to August, 1909, and then
through the lowering cloudbanks there
flashed, with a thunderous report, the
CLAWS charges, regarding the Cunning
ham coal claims in Alaska.
The Cunningham claims, near katalla,
Alaska, v thirty.three coal entries
comprising $3.50 acres. A report made
by the claimants experts says that they
contain over $4,000, 900 long tons of
minable coal, much timber for mining
purposes, and waterfalls which could
furnish 4,000-h. p. available for hauling,
lighting and working the mines.
These claims had been under investi-
CATION for more than a year when they
were turned over to l.. X. CLAWS, chief
of the field division of the land office ut
| Seattle, for Investigation in December,
1907. Special Agent Ii. L. Jones had
reported that in his opinion the entries
were suspicious, and he believed were
%fraudulently made in the interests of
the Guggenheim mining syndicate. Ear
" in January, 1908, while CLAWS was
investigating the claims, they were
clear listed for patent in the land
Office, and CLAWS was informed of that
action.
Right here arises a very interesting
question of ethics which the opponents
of Secretary Ballinger p%ropounded at
that time and have been raising ever
since. Ballinger up to March, 1908,
was commissioner of the general land
office. which hnreau had charge of the
Cunningham cases. When Ballinger re-
signed as COMMISSIONS he became at
torney for the Cunninghams, and sub
mitted a brief in the case to Secretary
of the Interior Garfield. Section 100 of
States provides that no officer or EN-
ploye of the United States shall act as
attorney or counsel for prosecuting any
claim which had been pending in the
department with which he was connect
ed, within two years after leaving the
government employ.
There had been varying decisions by
former law officers of the government
holding that the word claim in this
statute means, on the one hand, only
a monetary claim against the govern
ment, and, on the other hand, any claim
OF any description, including land
elAms. These We're argued pro and
con, on the question of Ballinger's be-
coming attorney for the Cunninghams,
by thoss taking sides in the matter, but
his oppohents kept close to the ethical
view of TIN question.
When Bahnger entered the Taft
cabinet in Mach, 1909, he gave up his
connection withthe Cunningham cases,
and when they eaue to him as secretary
Of the interior, b. directed Assistant
Secretary Pierce to Secide all questions
relating TO them.
But to return TO Claws. When he was
informed of the clear listing of the Cum
ningham claims for patens he entered
protest and the action was suspended.
CLAWS was ordered to resume his in
vestigation. On March 3, hos. Bal
hnger, then commissioner of the senerai
land office, had appeared before the
house committee on public lands in iela-
tion to a bill introduced by Delegate
Gale of Alaska. The Gale bill provided
for the consolidation of bona fde en-
tries OF Alaskan coal lands. Commits
sioner Balllnger showed considerable
; familiarity with ''thirty-three entries
ON Alaskan coal lands, embracing $3.50
acres near the Bering river in the
| katalla district He said that a
t great many of the entrymen became
involved in conditions, (which, on the
land office records, show a technical vic.
. %lation Of the statute and urged legis
iAtion permitting the consolidation of