New-York tribune., 1910-11-14
+P|NCHOT ATTACKS
BALL|NGER AGAIN
Asks President to Hear Him
Before Approving Cunning
ham Claims.
CALLS THEM FRAUDULENT
The Secretary, However, Has
Already Recommended Refer
ring Them to Court
for Decision.
IFrom The Tribune Rurean.l

Washington, Nov. 1S.-t JOCKS dS IL
Secretary Ballinger had cut the ground
from under the feet of Clifford Pinchot,
former Chief Forester, on the most i'm
portant question at issue in the con-
seryation fight. Mr.. BallinSer made
rubIic Yesterday an extract from his an
nuaI report in which he recommended
that the adjudication of the Cunning
ham coal entries be transferred from
the Jurisdiction of the General Land
Office directly to the Court of Appeals
for the District OF Columbia, without the
necessity for a ruling as to the validity
or invalidity of the entries by the Com
missioner of the Land office. In this
extract Mr. Ballinger said he was led to
make the recommendation to put at rest
the vague and distorted notions enter
! tanned by many persons as to the wholly
disinterested motives OF department Off
| GERS on whom the burden now rests for
| the disposition Of the Cunningham
claims Mr.. Ballinger also announced
that for several months at his instance,
| the Cunningham cases have been under
! the special direction Of the President,
with the view that no action should be
/ taken without his personal sanction
\ letter addressed to President Taft on
| Noveuaber Z by Clifford Pinchot and his
brother Amos was made public to-
night In this letter Mr.. Pinchot ex-
presses fear that the Cunningham
claims. which he believes TO be fraudu-
| lent. will be approved, and intimates
| that it is the duty of President Taft TO
! be on guard lest the Secretary of the In
terror and his subordinates hand down a
! decision from which no appeal to the
| courts can be taken. Mr. Pinchot says
| he bases his fears on statements made
| by Judge Vertrees, counsel for Secretary
| Ballinger, in the hearing before the spe-
| cial committee of Congress. He says it
| is difficult TO avoid the conclusion that
the assertions made by Judge Vertrees
represent the opinion of the Secretary of
the Interior.
Mr. Pinchot says il is impossible to
look with confidence to officials of the
! Interior Department for an unbiased
| judgment regarding the validity of the
Cunningham claims He asks the Pres
| ident for an opportunity to submit
! brief before the patents are signed in
case the Interior Department reports in
| favor of patenting the claims.
In view of the action Of the Secretary
of the Interior in asking that his de
| partment be relieved of all responsibility
regarding these cases, and that a court
of justice pass on the questions in
! volved, il is proba bic that Mr. Pinchot's
letter viii not cause President Taft
many sleepless nights when he returns
from Panama 1t is proba BILE also. in
view of Mr.. Pinchot's assertion that the
subordinate officials of the Interior De-
partment are biassed in their attitude
/ toward the Cunningham cases that the
friends of the former Chief Forester will
find it difficult to object TO the recon-
mendation of Secretary Ballinger that
the cases be sent to the Court of Ap-
peals for adjudication.
The PincE,ot Letter 70 the President.
Mr.. Pinchot's letter to the President is
as follows:
New York. November =. 1910
The President Washington.
Sir: The taking of Testimony 10 deter
mine the validity of the Cunningham
! the recommendation OF the Interior Depart
ment 10 patent or not TO patent the claims
will doubtless be made before long There
Is reason 10 5ppreherd that this recon-
mendation viii he favorable 70 the Gun
ninghan claimants and adverse to the in
tereSts of the people Of the United States.
The attorney for Mr.. Ballinger in the
printed brief submitted in behalf of the
Secretary of the Interior said:
! Moreover. an examination of the record
! Of the Cunningham hearings. and which is
! \ part of the record in this case, reveals
! - "a -. 80 ~
! claims are not fraudulent. but honest
/ CLAIMS. This is not stated for the purpose
| O1 having this committee consider the
! question of the honesty or good faith Of
these claims for the purpose of decision or
determination: it is stated solely that the
/ committee may see that no perjury could
1 he committed by Cunningham, and that
| Mr.. 5SallinSer hv no possibility could have
| understood these claims TO be fraudulent,
for the reason that. as matter Of fact.
they were not fraudulent. but good and
/ valid claims. The evidence of all the
| claimants, except one who is dead, has
been taken in the Cunningham hearings
! and Is now on file 1t shows conclusively
that none of the claimants entered into an
agreement prior to location or prior to the
| initiation Of entry for consolidation Of their
| claims"
| these deliberate assertions made by the at
| torney for Mr.. Balinger represent the
| opinion of the latter, reached after the
| valid and should be patented.
| 1t is true that Mr.. Ballinger has refused
10 act himself in behalf of the govern
nlent. on the ground that he formerly rep
resented the Cunningham claimants, and
accordingly has turned over all response
bility 10 his assistants Nevertheless this
unqualified Endorsement Of the validity or
the claims through his attorney can scarce
ly fail to have great moral weight with
his subordinates. For them TO render a
decision adverse 10 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 argument made for linn by
his personal counsel