The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-01-15

seven years, They are honorable men
of great experience and high efficiency
in their work and of peculiar value to
the government. They endangered
their positions and the chance of con-
tinuing their life work for the sake OF
protecting the interests of the people
in this country in a matter of vast
public Importance. They deserve no
further condemnation.
What Price and Shaw did raises a
question of principle which should
not be obscure either by personal con-
sideration or possible mistakes on
their part. This question relates to
4 the duty of public officer. 1t may
be answered thus: A public officer is
hound first to obey the law and keep
within It, But he is also bound, at
any personal risk, to do everything
the law will let him do for the public
good.
In taking unusual steps under this
principle of public duty the faithful
public servant may risk reprimand or
dismissal. So may any man who does
his duty under difficulties.
4 Jefferson said in justification for the
unusual action Of the Louisiana
purchase:
1.-THE executive, in seizing the fugi-
tive occurrence, which so much adv
vances the good of their country, has
done an act beyond the constitution.
The legislature in casting behind them
metaphysical subtelties and risking
themselves like faithful servants, must
ratlfy and pay for it. and throw them
selves on their country for doing for
them unauthorized what we know
they would have done for themselves
had they been in situation to do it."
When Price and Shaw forced pub
LEFTY concerning the Cunningham
claims, they broke no law and at worst
were guilty only of the violation Of
officia propriety. Without question
they did for the people of this country
what the people would have done for
themselves had they been in situa-
zion to do 1t. Very sincerely yours,
Clifford Pinchot, Forester.
The White House, Washington, Jan.
Ia, 1910. Sir: The secretary of agri-
culture informs me that on Dec. 2S
your associate forester, Mr.. Price went
to him and proposed TO resign on the
ground that he had been engaged with
Mr.. Shaw, assistant law officer, in in
stigating the publication in various
newspapers and magazines of articles
attacking the good name of SECRETARY
Ballinger and charging the interior de-
: apartment and landoffice with corrup-
! ton. The secretary thereupon wrote
q note to you, under date Of Dec. 30,
} asking for your Recommendation in the
: premises. You did not answer, bat on
: Jan. you had conversation with him
in which you said you wished to make
a statement which should be read in
the senate at the same time that my
! message transmitting the record I'm the
CLAWS case reached there, and that you
{ thought you could induce Senator DOL
liver to introduce the statement for
: you. The secretary advised against
such course, but asked you for rec
| ommendation as to accepting Prices
] resignation, in order that he might
} bring the matter to me, to whom, he
told you, il must ultimately come, be-
cause / had considered the CLAWS
charges and had passed upon them.
I Without further conference with the
secretary, and before making a report
+ to him, you succeeded in making pub
! lie, by having 1t read in the senate, a
! letter from you stating that you had
: sufficiently disciplined Messrs. Price
and Shaw by reprimanding them and
that your recommendation would be
that no further punishment was re-
!. CURED, and this before that recon-
mendation was submitted to the secre-
tary and me- whose power and duty it
: was to determine, upon Prices adj
I missions as to his completely, what ac-
] ton should be taken with respect to
his resignation.
In order to understand the fun pur-
!, port of your letter, in which you admit
! the completely of Price and Shaw in
the publication Of the press, 1T should
be said that the gravamen OF the CLAWS
charges was that Secretary Ballinger
and the others were all affected by a
corrupt wish to patent thirty-three
so-called Cunningham claims upon
! coal lands in Alaska; that the question
! whether these claims were fraudulent
= or not remained to be decided upon
the evidence after both the United
2 States and the claimants had been
2 heard; that every patent as an execu-
: tive act, 10 completely within the juris-
diction Of the president TO direct the
Withholding Of 1t in order that he him
self may examine the evidence as to
the validity Of the claim
: These facts understood the plain
= AlA1AAAAdllOAS All your letter are. urEt.
q that had reached wrong conclusion
p las TO the good faith of Secretary Bal-
4 linger and the officers of the landoffice.
$ although you and your subordinates
e had only seen the evidence OF CLAWS.
. the accuser, and had never seen or real
4 the evidence of those accused or the
records that they disclosed which were
d submitted to me; and, second, that UNI
:. der these circumstances, without ta1e
It exploitation by Messrs Shaw and Price
: in the daily, weekly and monthly presa
q Eof the charges of CLAWS the admits.
t ltration, including the president and the
o Officers OF the interior department and
s landoftice, would have allowed certain
fraudulent claims to be patented on
d coal lands In Alaska, although the mat
y ter had been specifically brought to tia
n attention Of the president by the Claws
|, Echarges. You solicited the Opportunity
!, TO make such a declaration in congress
for the purpose of offsetting. liz possi
it Bile, in the public mind, the presidents
: decision in the CLAWS case supported
q by the opinion OF the attorney general
Il after a full examination by both. Of the
il evidence adduced by the accuger and
1 the evidence on behalf Of the accused.
! while the latter evidence you and your
lsubordinates had never seen.
Il You did this against the advice az
Il the secretary of agriculture. without
lnn4fFxyfrur @1.~& K.