The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1910-01-14
TAfT'S MESSAGE
ON bALL|NGER
WICkERSHAM GIVES SECRETARY
OF INTERIOR A THOROUGH
WHITEWAsHING.
CLAWS HAD EXAGGERATED EGO
And BaIlinger Is a Saint Incarnate,
According to the Viewpoint
of Attorney Gen.
CLAWS HAD EXAGGERATED EGO

washington, Jan. 6.-President Taft
has transmitted to congress a report
and summary by attorney general Wick
ersham on the statements of 1. r. CLAWS
accusing Secretary of the interior Bal
1nger of improper conduct in reference
to the so-called Cunningham group of
coal land claims in Alaska. The at
torney general made a thorough exam
1nation of the charges and of the replies
thereto, and his conclusions are a COM
plete exoneratiOn of Mr.. Ballfnger and
OF his associates in the interior depart
ment.
Substances of the charges: CLAWS,
who was an official Of the general land
ONCE with headquarters at Seattle, in
substance charged that Mr.. Ballinger,
as commissioner Of the general land of
fee had acquired a knowledge of tho
Facts set out in the record in the Cum
bingham cases which, as attorney for
the Cunningham claimants he after
wards used in advising them in their at
tempt to secure patents, also that Ii
was unlawful for him to have profess
sional relations with the claimants be-
cause of his having been commissioner
of the land office.
After detailing the evidence examined
by him Mr.. Wickersham says it very
clearly established the following con-
illusions:
The insinuations or charges of i'm
Ballinger, Assistant Secretary Pierce,
Commissioner Dennet, or Chief of Field
Division Schwartz, are in my opinion
entirely disproved. So far from taking
any action to- favor the Cunningham
claimants, the record clearly shows that
Secretary Ballinger was scrupulously
careful not in any respect to act upon
these claims, for the reason that during
the summer of 1908, while he was in no
manner connected with the government,
he had been consulted by some of the
claimants with respect to the issuance
of patents, and had called upon Secre-
tarJ Garfield for the purpose Of ascer-
tanning the attitude of his department
thereon.
Neither his action nor any of his writ
ten or spoken expressions were favor
able to these claimants.
Holds Laws Not Violated.
The suggestion that it was unlawful
for Mr.. Ballinger to have any profess
sional relation with these claimants be-
cause of his previous incumbency of the
office of commissioner of the land office
is, in my opinion, unsound. The sug-
gestion is based on section 100, United
States revised statutes, which enacts:
1T shall not be lawful for any person
appointed after the first day of June
one thousand eight hundred and seven
ty-two, as an officer, clerk, or employe
in any of the departments to act as
counsel attorney, or agent for prosecut-
ing any claim against the United States
which was pending in either of said de-
partments while he was such officer,
clerk. or employe, nor in any manner,
nor by any means, to aid in the prose-
cution of any such claim, within two
years next after he shall have ceased
to be such officer, clerk or employee.
I'm the case Of w. d. Harland OF land
December, 216), Secretary of the Inter-
ior Smith, in a well-reasoned opinion,
held that the words Claim against the
United States" as used in that section,
must be construed to mean a money de-
mand against the United States"
Accusations are Disproved.
Assertions of CLAWS that he was
hampered and interfered with by the
Interior Department in his efforts to
have the questions involved brought to
a trial and the claims passed upon are
held to be baseless. His further claim
that he prevented the government from
being defrauded by procuring a refer
ence to the attorney general Of the
questions of law involved and the over
ruling by him Of an opinion written by
assistant secretary Pierce which would
have enabled the Cunningham claimants
to procure patents on their claims, is
declared by Mr.. Wickersham to be alb
SOlulcly ulSpTONSu ny Tie IcCOTU
Hot Shot for CLAWS.
The attorney general continues:
CLAWS appears at all times to have
been prolific in criticism and fault find
ing of other officials of his department,
DESTROYS of increasing his jurisdiction.
ready with reasons for delay, but never
ready to complete anything he under
took.
His action in appealing to the forest.
ry bureau of the department of agricul''
ture to intervene in these cases, with
out consulting any of his official super.
Tors, was breach of the proper discip
line, which is peculiarly aggravated be
cause taken on the very day when he
complained to Secretary Ballinger in
person that he was being forced to a
hearing before ready with necessary
evidence.
CLAWS actions appear to have been
founded upon a wholly exaggerated
sense Of his own Importance, and de-
sire for personal advancement rather
than on any genuine desire 20 protect