Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-01-30

Brandels. but II was the construc-
ton given the law, which, but for the
Intervention of MIR. CLAWS would have
benefited these people. Mr. Claws
contested the construction Of Assist
ant Secretary Pierce ana had IL ot-
erruled by Attorney General Wiker-
sham
CLAWS declared he was so disheart-
cned D.. The ruling given by Assistant
Secretary Pierce which he reE2rded
as favuring the claimants In the coal
~cases that ne thought of r%csigning from
the service ANA giving al the facts IN
the case 10 the press. He went 10
Henry NJ Hoyt. now the attorney
general OF Pot0 Rico and a cousin Of
Councillor Henry NJ Hoyt OF the de-
partment OF state,
lie told Hoyt that the Pierce deois-
lon rendered futile amy further att
tempt to mvalidatc the Cunningham
and other Alaska claims He told MI.
ffoyt also that Mr. Rallinger had de-
clined 20 act IN the matter, turning
the entire subject oNc ia Mr.. Pierce.
Il told Mr.. Hoyt my purpose to re-
sign and give out the facts said
CLAWS. "Hc said he thought It would
make an awful scandal on Mr.. Tufts
administration which mad hardly be-
gun and he ala not think 1t the best
way Wa discussed the best way of
bringing about a change in the opin-
ion of Mr.. Pierce which we thought
was "a bad me.
eHoyt said he was a personal friend
or Horace raft, brother Of the pres
ident, and he thought nc would 20 to
see and get him to ten the president
about IL. After further taking ON the
matter, however, he decided not to do
that. Mi. IIoyt thinking that the best
way vas TO go % the department of
justice.
Several days later, about May 20.
1908, | saw Attorney General Wicker
sham who was on his way 20 a cabi-
net meeting. and he said he had com
sidcrod tho matter as 1t had been pre-
snetcd 10 him by Mr.. Hoyt and that
he intended to speak to Mr.. Rallingcr
about IL at the cabinet meeting. He
would ask Mr.. BallinRcr 70 refer the
matter to him.
Two days later Mr.. BallinRer sent
for me and showed me d number Of
letters ne was writing. one of them
being ia response to "A letter to Miles
G.. Moore. who had complained of his
disappointment that the secretary
had not brought the Cunningham
claims 70 patent as u matter Of jus
tice.
"ssr. Baiiinger told me he was
sending tho papers oven 10 Mr.. Wick
ershlm with q request for new oI'in-
lon on the act OF May 2S, 1905 He
asked me in the meantime not to sub
NIT my report under the Pierce de-
cisipn.
II told him | had already done So.
He told me 70 withdraw IL and did
so. In that report ] said it would be
futile to continue the investigation
further under Mr.. Picrcc's rulings.
At this point the luncheon recess
WIS taken,
The afternoon session was begun
with the Introduction OF correspond
enee between Secretary Ballinger and
Miles G. Moore OF Walla Walla, when
one on the Cunningham claimants
which was contained In the secretary
statement to President Tart. The first
letter was written by Mr.. Moore to
Secretary Ballinger May 20, 1903.
dated washington ana said IN part:
Assistant Secretary Pierce proved
"a disappointment and ! am going
nome with q message that Will give
scant comfort TO my associates, Your
REASONS for turning this matter over
To your assistant are appreciated but
we had all felt nat when Nou were
named 10 the position OF secretary
with your fun and complete knowl-
edge aud your sense OF Justice, our
long delayed patents would be forth
coming.
In his lettcr Of reply Secretary
Baliingcr said in part.
II have TO advise you that | cam
not undertake to issue any order or
make amy ruling in the matter as re-
lff4a4aI h4ns 4HNa- Of tho la rrA So
ment which would result from the
faet that I was, While not holding
official position, called upon 10 adj
wise Ia the matter. The case has,
however. been carefully looked into
and / wish To say thpt, IN view OF ali
the facts now disclosed, ! would, il |
We're ruling upon the matter. hold
that the principle announced in the
opinion of Judge flanford In the case
OF the United States against the Port
land Coal a. Coke company. Is direct
III applicable TO these cases ana thai
ii the allegations made. be proven.
patents cannot issue under the act OF
April 2S. 1904
CLAWS. continuing his story told of
a talk he had with chief OF Field Di-
vision schwartz. subsequent to At
larney General Wickersham's ruling
la May, 1909.
- told Schwartz / thought Secre-
tary Ballinger had some IN feeling
against me for going to the attorney
general said the witness, but | felt
chat after the secretary cnmc TO real
iEe AN that the ruling hy Assistant
Secretary Pierce meant and that good
would come from the attorney Eeucr
OTIS opinion. he would Hike me better
than ever.
Schwartz said he know some mag
axinc people and thought II would be
q good thing To get a story printed
telling am that had been done in the
Alaska coal cases and giving Mr.. Ball
niger the credit for the investigation.
lie thought the secretary then woIld
feel better disposed toward me.
HOUSE INNESrIGN TION
or HNIIINGEE CO\ItNt Ed