Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-01-08
THE OFFENSE AND
Forester Pinchot's Letter
Read in Senate Chamber

Glnord flncl0t.
copyright by Cllnednst.,
The offending letter of Chief Forester
Pinchot addressed to Senator DolIiver is
AS follows:
My Dear Senator: In accordance Wit Ii
your request. l am glad TO make a state
ment concerning certain actions of Messrs.
Price and Shaw chiefly in reference to
claims for coal lands located within the
Chugach national forest. BY my direction
they have prepared an official report upon
the subject, which 1 am transmitting at
once to the Secretary of Ag iculture.
This report shows that Messrs. Price
and Shaw made public certain official in
formation regarding the so-called Gun
ningham claims for coal lands IN Alaska.
The effect of the publication was to direct
critical public attention to the actions of
the Interior Department.
1t shows also that they countenanced
the publica ton by L. r. CLAWS of certain
facts concerning these claims after he had
been diSm ssed from Office, and that in
other ways they endeavored to direct pub
lie attention to the imminent DANCE. that
the Alaska coal fields, still in government
ownership. might pass forever into pri-
vate hands with little or no compensation
to the public.
The report further makes it clear that
the Information in reference to the Cum
ningham coal claims made public by
Price and Shaw was properly within the
knowledge of the forest service. because
these claims lie chiefly within d national
forest. This information. also. was of a
nature proper to be made public unless
there e secrets which the people of the
United States are not entitled to know
concerning the source. nature and prog
ress of claims made for portions of the
public lands. The rumor that the CLAWS
report to the President was prepared in or
by the forest service is incorrect. At
CLAWS request / sent Shaw. as 1t was
proper I should, to Chicago to assist him
i'll arrang ng his material for submission
to the p esident. No material contained
in the CLAWS report was contributed
either directly or indirectly by any MEM
Der of the forest service.
An Extraordinary Situation.
Messrs Price and Shaw were confront
ed by an extraordinary situation. 1nfor-
nation had come to them which con-
WINGED them that the public interests in
matter within the line of their official
duties were in grave danger at the hands
Of fraudulent claimants to these coal
lands.
-AStion through the usual official chan
nels, and finally even an appeal to the
President. had resulted because of what
l believe to have been a mistaken impress
sion of the facts) in eliminating from the
government service, In the person of
1idVlS, the InOSL vigorous UelcuOeT OIL the
Peep e's interests Furthermore, the re-
fusal of the Secretary of the Interior to
assume responsibility in the cases had
left their conduct wholly in the hands of
subordinates. each of whom was appar-
entity committed in favor of patenting
these claims.
Finally, from the report as whole it
is abundantly evident that the action of
Price and Shaw was taken with the sin
gle object of protecting the property of
tho 80 <I1 Ynff ct.,&N - ts
clear not only that they acted from
high and unselfish sense Of public duty,
but that they deliberately chose to risk
their official positions rather than permit
what they believed to be the wrongful
loss of public property
You asked me what recommendation /
would make to Secretary Wilson as to
Price and Shaw. Without hesitation l
shall take the position that their action
violated a rule Of propriety as between
the departments. 1t deserved reprimand
and has received one. But shall recon-
mend, likewise without hesitation. that no
further action in their case is required.
Reasons for Recommendation.
Ny reasons for this recommendation are
as follows:
The action of these two men was most
unusual, but so was the situation which
called 1t forth. The best proof is that
Congress itself has been asked to take the
extraordinary step of investigating the
Department Of the Interior. notwithstand-
ing that 1t Is part of a coordinate
branch Of the government. This action of
Congress cannot he ascribed to the con-
duct of two subordinate officials.
Price and Shaw successfully directed
public attention to national danger. They
increased the peoples interest in the peo-
pies property. and powerfully fostered the
desire to conserve it. There is now far
less chance that the Alaska coal fields
will pass into the hands of fraudulent
claimants than there was before they
acted.
trustworthy information. Many consid-
erations which had not been brought
home to the Presidents mind. as appears
from his letter of September 13, had
weight with them.
The rules of efficient decorum exist in
the interest of efficient administration
and Of that alone. If they are used to
prevent an honest and vigilant officer
from saving the property of the public
their purpose is violated and they have
become worse than useless.
Price and Shaw concede that what they
did transgressed propriety. But measured
by the emergency which faced them, by
the purity Of their motives, and the results
which they accomplished. their breach
of propriety sinks we'll nigh into insigniti-
canoe.
Accepts the Responsibility.
disclaim any intention or desire to
shirk any part of my own legitimate re-
sponsibility for what was done by Price
and Shaw, who were selected by me and
trained in the forest service. If they ap-
pealed too readily to public opinion, 1t
must be remembered that they belong to
a service which has been and Is now
almost wholly dependent upon enlightened
public approval.
! have known Mr.. Price for about fifteen
years and Mr.. Shaw for about seven
years. They are honorable men of great
experience and high efficiency in their
work, and of peculiar value to the gov
eminent. They endangered their positions
and the chance to continue their life
work for the sake OF protecting the inter-
ests of the people in this country In
matter OF vast public Importance. They
deserve no further condemnation.
What Price and Shaw did raises a ques-
ton Of principle which should not be OBJ
scured either by personal considerations or
possible mistakes on their part This
question relates to the duty of a public
officer. 1t may be answered thus: A
public officer is bound first to obey the
law and keep within 1t. But he Is also
bound, at any personal risk, to do
everything the law will let him do for
the public good.
Quotes Jefferson
Jefferson said in justification for the
unusual action of the Louisiana purchase:
1.-The executive, in seizing the fugitive
good of their country has done an act
Savopd the Constitution The legislature,