Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1910-01-13
ATTORNEY GENERALS REPORT
ON CLAWS CHARGES TRANS
MiTTED sY PRESIDENT.
Mr.. BAlLINGER IS ExoNERA1EO
After Thorough Examination Of Papers
Mr.. Wlekersham Finds the Charges
Against Interior Department ON
clals Not Sustained by Evidence.

CLAWS, accusing Secretary OF Interior
BalIInger OF improper conduct in ref
erence to the so-called Cunningham
group Of coal land claims In Alaska
The attorney general made a tnors
ough examination OF the charges and
Of the replies thereto and his conclu-
sions are complete exoneration OF
Mr.. Ballinger and of his associates IN
the interior department.
CLAWS, who was an official OF the
general land office, with headquarters
at Seattle, in substance charged that
Mr.. Ballinger, as commissioner OF the
general land office, had acquired q
knowledge of the facts set out In the
record in the Cunningham cases
which, as attorney for Cunningham
claimants, he afterwards used In adj
yising them in their attempt to So
cure patents; also that 1t was unlaw'
full for him to have professional reia-
tons with the claimants because OF
his having been commissioner OF the
land office.
After detailing the evidence exam
ined by him, Mr. Wickersham says 1t
very clearly established the following
conclusions:
"The insinuations or charges OF i'm
proper action on the part Of Secretary
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
Cunningham claimants, the record
clearly shows that Secretary Ballinger
was scrupulously careful not In any
respect to act upon these claims for
the reason that during the summer OF
1908. while he was in no manner CON
nected with the government, he had
been consulted by some Of the claim
ants with respect to the issuance oil
patents and had called upon Secre'
tary Garfield for the purpose Of ascer'
tanning the attitude Of his department
thereon. Neither his action nor any
of his written or spoken expressions
were favorable to these claimants.
1.-THE suggestion that 1t was unlaw
full for Mr.. Ballinger to have any pro
fessional relation with these claim
ants because of his previous incum
bency Of the ONCE Of commissioner Of
the land ONCE is, in my opinion, un
sound. The suggestion Is based on
section 1870, United States revised
statutes, which enacts It shall moi
be lawful for any person appointed Of
ter the first day OF June, one thousand
eight hundred and seventy-two, as ar
oficcr, clerk, or employe In any o.
the departments to act as counsel
attorney or agent for prosecuting any
claim against the United States
which was pending in either OF sale
departments while he was such OF
hcer. clerk or employe. nor In any
manner. nor by any means, to aid Il
the prosecution Of any such claim
within two years next after he shall
have ceased to be such officer, clerl
or employee"
sIn the case OF W. D. Harlan, u
! Land December 216) Secretary Of thu
Interior Smith, In a well-reasone'
opinion, held that the words CLAIM
against the United States, as used II
| that section, must be construed t
mean a money demand against tn
United States.
Assertions Of CLAWS that he wa
hampeFed and interfered with by thu
interior department in his efforts t
have the questions involved brought
10 a trial and the claims passed upor
are held to be baseless. His furthel
claim that he prevented the govern
ment from being defrauded by pro
curing a reference to the attorney
general OF the questions of law In
yolved, and the overriding by him o
an opinion written by Assistant Sec
rotary Pierce, which would have en-
abIed the Cunningham claimant t.
procure patents on their claims, is de
clared by MIR. Wickersham to be ab
solutely disproved by the record"
The attorney general continues:
"Glayis appears at all times to hav'
been prolific In criticism and fault
finding Of other officials Of his depart
ment. DESTROYS Of Increasing his juriH
/ dictlon, ready with reasons for delay
but never ready to complete anEthinl
J be undertook. His action In appeal
ing to the forestry bureau Of the de
partment Of agriculture to intervenI
In these cases. without consulting an
Of his otRclai superiors, was q breael
Of all proper discipline. which IL Pc
euliarly aggravated. because taken o.
tie very day when be complained &
seersturs Bailinger In person that b
vas being forced 70 q hearing beior'
ready with necessary evidences.
~Glavis sections appear 10 have beeH
founded upon a wholly exaggeratel
sense Of bis own Importance, and
desire for personal Advancement rath
or than on any genuine desire 70 pro
teet the interests Of the government
Ell,osrsla MAYER cf Boston.