Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-01-06
KEYNOTE OF FINDINGS
BY ATTORNEY GENERAL
Intervention of Forestry Bureau En-.
tirely Unnecessary.
REPORT SUBMITTED TO SENATE
Allegations Against Head omcials
Of Interior Department in Con-
nection With Cunningham
Land Claims q Breach
of Discipline.

The Intervention Of the forestry bureau
in the handling of the Cunningham Alas
kan coal land claims by the Department
Of the Interior lis shown by the record
to have been entirely unnecessary: Sec
retary Ballinger was scrupulously care
full not in any respect to act upon these
claims, and L. r. CLAWS. who charged
improper action on the part Of the head
officials Of the Department Of the Interior
in connection with the Cunningham land
claims. acted upon a wholly exaggerated
sense OF his own Importance" and his
action in calling upon the forestry bu-
reau was "a breach Of all proper disci-
pline"
Such are the findings of Attorney Cen
eral Wickersham on the charges OF i'm
proper conduct on the part of ofilcais OF
the Interior Department made by L. r.
CLAWS. chief of the field division, az
shown by papers sent to the Senate today
by President Taft. The information in
connection with the CLAWS charges was
requested OF the President by the Senate
The Attorney General In his report re-
views the essential particulars OF the pro-
ceedings in connection with the Alaska
coal land claims as fan as the Cunning
ham group was concerned and concludes:
Charges Unjust and Unfounded.
CLAWS actions appear to have been
founded upon a wholly exaggerated sense
of his own importance and a desire for
personal advancement. rather than on
any genuine desire to protect the in
terests of the government. and this
species of megalomania has finally led
him to submit to you president Tafu
charges OF improper motives and conduct
against his official superiors which. I'm my
opinion. are SO unjust and unfounded az
to merit his immediate separation from
the service.
Regarding the Intervention OF the for
estry bureau in the Cunningham cases,
Attorney General Wickersham finds:
The intervention of the forestry bu-
reau. procured by CLAWS. is shown by
the record to have been entirely unneces-
sary to the protection of the interests of
the United States 1t was even unneces-
sary to secure a postponement of the
hearing on the Cunningham claims. as
Special Agent Sheridan OF the land
Office, who had been sent to conduct the
hearing on the claims. after conference
with CLAWS concurred in the advisa bility
OF a postponement until after the COM
pletion of a field examination. although
for reasons differing from any which had
so advised the general land Office"
Insinuations Disproved.
Regarding the attitude of Secretary
Ballnger toward the claims in question
the Attorney General cites letters and
statements made by the Secretary un-
favorable to them, and concludes:
THE insinuations or charges of i'm
proper action on the part OF Secretary
Ballinger. Assistant Secretary Pierce.
Commissioner bennett 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 scru-
pulously careful not in any respect to
act upon these claims for the reason that
during the summer Of 1908. while he
in no manner connected with the govern
ment. he had been consulted by some OF
the claimants with respect to the issuance
of patents. and had called upon Secretary
Garfield for the purpose of ascertaining
the attitude of his department thereon.
Neither his action nor any Of his writ
ten or spoken expressions were favorable
to these claimants. The utmost he did
was to instruct the land ONCE to promptly
investigate and dispose of all pending
cases.
THE suggestion that 1t was unlawful
TOT MI. bdlllUKeT 10 nave ally pTOreS-
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 statutes
upon which the charge is based and the
reasons. based on court decisions. why
Secretary Ballinger did not violate It. are
set forth.
Land Office 0fRcials Acquitted.
Acouitting the officials OF the general
land office. but severely arraigning Gla-
Wis. the Attorney General adds. in his
conclusion:
THE action OF each and every offcial
of the land ONCE referred to in CLAWS
charges appears to have been inspired BY
the perfectly proper desire to bring to q
conclusion an investigation which was
prolonged beyond all reason, and which,
If it had been prosecuted with due olli.
gence and IL Claws had properly availed
Of the assistance placed at his disposal by
the land Office. should have been COM
pleted and ready for trial not 'ater than
the autumn OF l!WS. The claimants were
entitled to have the objection to their
claims formulated and brought to hear
ing with reasonable promptness. and the
interests Of the government did not re-
qure and were not advanced by the pro-
longed delays and inaction of Special
Agent CLAWS. In this connection 1t may
be pointed out. as an example OF CLAWS
ocrastination. that although,
to his request of April IL. 1905.
10 forward to him all Original papers re-
lating to Alaska coal entries and declara-
tory statements upon his representation
that the statute of limitations would pre-
vent criminal prosecutions after the fol-
lowing October. and the cases must there
fore be presented during the month OF
May, all such original papers and docu-
ments were. by direction Of the general
land Office. Immediately transmitted to
him by the Juneau Office no Rr0oeedias