The Washington herald., 1910-11-14
PlNCHOT HITS BACK
Seeks to Reopen the Cum
ningham Claims Case.
APPEALS TO THE PRESIDENT
Issues Statement which Is Inter
preted as "A Reply 10 Secretary
BallinRer, Who Wants to Have
Case Transferred TO the District
Court OF Appeals.

Former Chief Forester clifford Pinchot
has not given up the fight.
The little row between himself and
Secretary Ballinger. which resulted In
Mr.. Pinchots retirement at the direction
OF President Taft. is not over yet. so far
as Mr.. Pinchot is concerned. Mr.. Pinchot
and his brother. Amos Pinehot, made
public here last night an appeal to Pres
ident Taft which seeks to reopen, or
position OF the Cunningham claims in
Alaska.
Mr., Pinchot declared that there is
reason 10 believe that the decision OF the
Interior Department will be in favor OF
patenting the lands In question to the
Cunningham claimants and adverse
TO the interests OF the people OF the
United States"
BaIIinger Acts First.
It seemed apparent last night that SEQ
rotary Ballinger knew what was coming
from Mr. Pinchot and got IN little
ahead Of him. Saturday night Mr.. Bal
linger made public an extract from his
forthcoming annual report. stating that
he would recommend that the Cunning
ham cases be transferred from the iuris-
diction OF the General Land Office 10
that OF the Court OF Appeals OF the Dis
trict OF Columbia for consideration and
adjudication
A statement of the Secretary made it
plain that for some time past the Gun
nigham claims have been in the hands
of the President.
Mr.. Ballinger's statement was given out
here. The Pinchot letter, dated Kew
York. November z. reached here a day or
two ago
The PinchOt appeal covers four type
written pages.
There IS quoted the following state
ment made by Mr.. Ballinger's attorney
before the Investigating committee as
bearing on this matter;
An examination Of the record OF the
Cunningham hearings, and which is a
part OF the record OF this case, reveals
not only that the statements of Cunning
ham are true. but that the Cunningham
claims are not fraudulent, but honest
claims.
This is not stated for the purpose Of
having this committee consider the ques-
ton OF the honesty or good faith of
these claims for the purpose of decision
or determination; IL is stated solely for
the purpose that the committee may
see that no perjury could be committed
by Cunningham. and that Mr.. Ballinger.
by no possibility, could have understood
these claims 20 be FRAUDULENT, for the
reason that, as a matter Of fact, they
were not fraudulent. but good and valid
claims"
The Pinchot letter says, in commenting
upon this statement 10 the Congressional
committee by Mr.. Ballinger's attorney:
ct Is difficult 10 avoid the conclusion
thar these deliberate assertions made by
the attorney for Mr.. Ballinger represent
the opinion of the latter, reached after
the evidence was all in. that the claims
are valid and should be patented.
Great Moral Weight.
1T Is true that Mr.. Ballinger has re-
fused to act himself in behalf OF the
government. on the ground that he for
merly represented the Cunningham claim
ants. and accordingly has turned over
all responsibility to his assistants. New
ertheless. this unqualified Endorsement
or the validity OF the claims through his
attorney can scarcely fail 10 have great
moral weight with his subordinates. For
them to render - decision adverse TO the
claims would not only lend support to
criticisms heretofore made against the
department. but would amount TO taking
direct issue with their chief on the afgu-
ment made for him by his personal
counsel"
II Is the understanding here that in
the future Secretary Ballinger will strike
back whenever a rock is aimed at his
head by Mr.. Pinchot and associate
critics Mr.. Ballinger, It seems. was
looking for a criticism OF his supposed
course in the handling OF the Cunning
ham claims. He beat Mr.. Pinchot TO the
newspapers with statement Of his side
of the case by twenty-four hours.