The San Francisco call., 1910-09-10
SENATOR nelson
BACKS BALLINGER
Chairman of Congressional Conn
mittee Declares No Quorum
and Leaves the Meeting
Continued From Page L


should be sustained; that in the matter
OF the disposition of the Cunningham
coal lands Ballinger was not faith
ful trustee of the interests of the peo-
pie and did not perform his duty in
such manner as properly to protect
such interests.
That the charges made by Pinchot
should be sustained; that Ballinger's
course in the administration of the de-
partment of the interior has been char
acterized by lack of fidelity in the
pubic interest That this has been
SHOWN in the treatment OF the Cum
ninsham coal claims. the restoration of
tne Waterpower sites to entry without
intention 10 rewithdraw, and in his ad-
mlnistration of the recIama ton service,
the latter resulting in unnecessary hu-
mnation to the director and tending
toward the disintegration of the serv-
ice.
nERELIeT IN RUTY
He has not shown himself TO be that
character of a friend to the policy of
conservation of our natural resources
that the man should be who occupies
the important post of secretary of the
interior in our government and he
should not be retained in that Office"
summary of Madison's findings fol-
lows:
The investigation resolved itself
INTO two branches, the CLAWS and Pin
chot.
'Glavis charged that Ballinger had
been an unfaithfuI trustee of the peo-
pies interests; that't this was more par
ucularly demonstrated by his conduct
toward the Cunningham coal claims.
LACK OF FIDELITY
"Pinchot charged that Ballinger's
course as secretary of the interior had
been characterized by lack of fidelity
TO the public interest: that he was an
enemy of the policy of conservation of
natural resources: that this was more
particularly evidenced by his restora-
tion TO entry of the waterpower sites
withdrawn by Secretary Garfield, his
conduct toward the reclamation serv-
ice and the Alaska coal fields"
Madison then describes Alaska as
the last great natural storehouse Of
natural resources that to a large de-
gree belong to all the people of the
United States; that the secretary of the
interior should guard them against
both fraud and monopoly"
CUNNINGHAM CLAIMS
The Cunningham coal land claims are
then described, Cunningham being re-
ferred to as the promoter Of a plan
whereby he and his associates were to
prove UP the land and then operate 1t
as one mine by means of an association
or corporation; that he was to have
an eighth of each subscribers stock for
his services in prospecting land and
managing the deal"
The findings delare that strong evil
dence was produced that this plan was
adopted and acted upon by the sub
scribers; that the Cunningham entries
can be Cancelled for fraud if vigorously
prosecuted by the government; that the
claims contain from 5o,0O0,0O0 to 90,-
coo. 600 tons of COAL
The composition of the Morgan-Gug-
genheim or Alaskan syndicate is given
and declared 10 be IAN association or
ganized to exploit Alaska"
BIG GRAB CONTEMPLATED
The findings of Madison declare that
this syndicate entered into an option
agreement with the Cunningham claim
ants in 1907 whereby said claimants
were to organize a corporation capital
lied at s5,O00,oOo and convey half OF
the stock to it for s25o.o00. The coal
lands of the Cunningham group were to
be decided to said corporation.
"The evidence fairly shows that the
syndicate aimed at the monopolization
Of the Bering river coal fields, con-
tinues the findings.
I'm December, 1907, Ballinger as
commissioner of the general land ONCE,
af the request of former Governor Miles
ningham claimant, ordered the Cum
ningham claims to patent. Previous
10 this order the Guggenheim option
agreement had been made. Claims had
gone to entry. but patents were being
delayed.
CLAIMS UNDER SUSPICION
"All Alaska coal claims were under
suspicion of being fraudulent. The or
der under such circumstances was
wrongful Claws who had a few days
before being instructed to investigate
all Alaska claims and who was given a
formal notice of the order, protested
against it and the order was revoked.
After resigning as commissioner,
Ballinger acted as adviser and counsel
for the Cunningham claimants in their
attempts to obtain patents. He pre-
pared a lengthy affidavit for Clarence
Cunningham and presented it to the
SECRETARY of the interior and commits
sioner of the general land Office in an
attempt to explain away a former af-
5davit of Cunningham and the entries
in the Cunningham journal, both of
were the most damaging pieces of evil
dence against the claimants in possess
sion of the government.
VIOLATED MORAL OBLIGATION
"Ballinger violated no statute in so
doing but he did violate the moral OBJ
legation which was upon him, not to
attempt to embarrass the government
in an effort to conceal the entries begun
lAfITCE MENTC