Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1910-01-12
WICkERSHAM GIVES SECRETARY
OF INTERIOR A THOROUGH
WHITEWASHlNG.
e.
CLAWS HAD EXAGGERATED EGO
And 6a!Iingcr Is a Saint lncarnato.
According to the Viewpoint
ct Attorney Gen.
eraI.

IL. -
has transmitted to congress report
and summary by attorney general Wick
ersham on the statements of I. r. CLAWS
accusing Secretary of the interior Bal
lnger Of improper conduct in reference
to the so-called Cunningham group OF
coal land claims in Alaska. The at
tcrney general made a thorough exam
1nation of the charges and of the replies
thereto. and his conclusions are COM
plete exoneration of Mr.. Ballinger and
OF his associates in the interior depart
ment.
who was an official Of the general land
office with headquarters at Seattle, in
substance charged that Mr.. Ballinger,
as commissioner of the general land Of
flee had acquired a knowledge of the
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 it
was unlawful for him to have profess
sional rela 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 esta blished the following con-
illusions:
The insinuations or charges Of inn
pfoper action on the part of Secretary
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.. Bal1inger to have any profess
sional relation with these claimants, be-
cause of his previous incumbency of tho
Office of. commissioner of the land Office
is, in my opinion, unsound. The sug-
gestfon 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 lot prOSecuI-
ing any claim against the United States
which was pending in either of said de-
! partments while he was such officer,
! clerk, or employee, 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 employe.
I'm the case of w. D. Harland OF land
December, 216), Secretary of the Inter-
| Tor 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
solutely disproved by the record.
|
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 a 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 q
hearing before ready with necessary
| evidence.
| CLAWS actions appear to have been
| founded upon wholly exaggerated
sense Of his own Importance, and de-
sire for personal advancement rather
than on any genuine desire 20 protect
| the interests of the government"