The Washington herald., 1910-01-07
SCORES L. R. CLAWS
WickerSham's Report Clears
Ballinger of Charges.
SENT TO SENATE BY MR.. TAFT
Mass of Documentary Evidence Re
Iating TO Cunningham Coal Cases
Gives Clean Bill of Health to Cab
met Officer - Species of MegaIO-
mania Blamed for Allegations.

Included In the mass of documentary
evidence relating TO the forestry contro-
versy sent to the Senate by the President
yesterday, Is q report from Attorney Cen
eral Wickersham, IN which l. r. CLAWS
is criticised for his actions in making
charges against Secretary Ballinger in
connection with the Cunningham coal
cases.
This document embraces about $4,000
words It is replete with extracts from
official reports and comments of legal
nature and is Of such a character that
its main points would not be easily un-
derstood by any one not familiar with the
fundamental details OF the differences be-
tween the Interior Department and the
Forest Service of the Agricultural Depart
ment
The report Is divided into two parts,
each part dated September II. which was
a few days before President Taft wrote
his long letter to Secretary Ballinger ex-
onerating him Of the charges made by
Special Agent CLAWS, and authorizing
Mr.. Ballinger TO dismiss Mr.. Claws from
the public service.
II appears from what the Attorney Gen
eral has to say that President Taft OBJ
tained statements from Secretary Ballin-
ger and other officers Of the Interior De-
partment in regard to the CLAWS charges
and turned them over TO the Attorney Cen
eral for review, with the object of having
the Attorney General render an opinion
as TO whether or not Mr. Ballinger's con-
duct had been reprehensible.
ExOnerates BaIIinger.
Briefly stated. the Attorney General
found that the allegations and insinua-
tIons against the Secretary of the Interior
had no substance. and gives a clean bill
OF health to his fellow Cabinet officer.
CLAWS actions" Attorney General
Wickersham says. appear to have been
founded upon a wholly exaggerated sense
of his own Importance and a desire FOL
personal advancement. rather than on any
genuine desire 10 protect the interests OF
the government. and this species OF
megalomania has finally led him TO sub
nit TO you charges of improper motive:
and conduct against his official superiori
which. in my opinion. are so unjust and
unfounded as 10 merit his immediate
separation from the service"
In his conclusions, Mr.. Wickershan
says;
so far from taking action TO favor the
Cunningham claimants. the record clearly
shows that Secretary Ballinger was
serupulously careful not in any respect
TO act upon those claims, for the reason
that during the summer OF 1903, while ht
was In no manner connected with tho
government, he had been consultd by some
Of the claimants with respect TO the issu-
ance of patents, and had called upor
Secretary Garfield for the purpose of as
certaining the attitude of his department
thereon. Neither his action nor any o.
his written OF spOken~expressions were
favorable 10 these claimants. The utmos
he did was TO instruct the Land Offic,
to investigate promptly and dispose Of al
pending cases"
An UnsOund View.
Mr.. Wickersham characteriZes as un
sound the suggestion that it was unlawfu
for Mr.. Ballinger to have any profes
sional relation with the claimants becaus
of his previous incumbency OF the ofic
Of Commissioner Of the General Lam
ONCE. The statute making it unlawful
for any officer Of the government to pros
ecute any "claim" against the Unite
States which was pending while he was II
Office within two years after he ceased Z
hold such position. he says, applies to
claim for money against the Unltet
States, which view he upholds by cita
tons of court decisions.
The government, says Mr. Wickershann
had an abundance of time to investigat
these claims, > attention of the Ian
Office being specifically directed TO then
in August, 1907. They were put in Nj
Claws hands, together with the investi
cation OF all other Alaska coal land loca
tions and entries In the spring of 1905 Il
was furnished with all the assistance b
required to make these Investigations
and had upward Of two years to com
plete them.
'All efforts to induce him to bring hi
investigation to a conclusion" the Attor
ney General says, In commenting upon tn,
course pursued by Mr.. CLAWS, "were me
only with requests for further assistance
coupled with criticism Of his superior Off
GERS as well as OF other special agents
who had been connected with the cases
Every time the General Land Office urge,
a speedy completion OF the work-whicl
It may be observed was merely. prepara
tory to a trial OF the questions involve,
in the entries for the purpose Of determin
ing whether or not patent should issue
CLAWS advanced some more or less spe
cious reasons why he was not ready I,
formulate objections and proceed TO trial.
Mr.. CLAWS claim that he prevented th,
government from being defrauded by uro
curing a reference to the Attorney Gen
eral Of the questions OF law involved an
the overruling by him Of an opinion writ
ten by Assistant Secretary Pierce. whicl
would have enabled the CUNNINGHAM
claimants TO procure patents on thei
claims is. he says. absolutely disproved b,
the record.
''The Intervention of the Forestry Bu
reau procured by GlavIs," the Attorne,
General continues, lis shown by the rec
ord to have been entirely unnecessary I,
the protection OF the interests of tn
United States"
DISTRICT BILLS SUBMITTED.