Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-05-28

ton from the time the Cunningham
claims were first filed upon in 1906.
He laid particular stress upon the con.
tention that Mr.. Ballinger as COM
mander of the land office was fully ac-
quainted with the situation and per-
sonally directed the procedure in the
land office whereby the claims were
scrutinized. He declared that of 461
Alaska coal claimants whose ad-
dresses were secured by special agents
early in their investigation, $50 APP
peared to be residents of the Pacific
coast and 164 lived in Seattle, Balm
gers home city.
Among these claimants were the
men of Greatest influence in the state,
financially and politically and among
these were friends and associates OF
Mr. Bailinger' said the attorney.
"While these Pacific coast claimants
remained undisturbed by further in
quires in to the validity of their
claims, most of the others, those re-
sinding in Illinois and Michigan WERE
on September "a, 1907, directed to be
thoroughly investigated Was it a
coincidence that the Investigations OF
special Agent Jones in the summer
of 1907 into the Cunningham claims
stopped shortly after Ballinger re-
turned to Seattle, shortly after the
agreement between the Morgan Gug-
genheim Alaska syndicate and the
Cunningham claimants which rendered
an early issue of the patents import
ant? Was it a coincidence that an ac-
tive inquiry was undertaken into the
claims of residents of Illinois and
Michigan"
Proceeding to the clear-listing of the
Cunningham claims in 107. Mr.. Brand
els said that the suspension of the CT
der after CLAWS protest was evidently
done by Ballinger with the idea that
ultimately the patents should be
granted when this uncomfortable OBJ
stacle presented by CLAWS interven-
ton should be overcome"
Then the Gale BILL which Brandeis
said Ballinger had drafted to over
come that obstacle. failed, and the law
of May 20, 1905, was enacted lawyer"
Ballinger was appealed to for aid, not
only by Clarence Cunningham, but
"Rallingers influential friend, c. j.
Smith-the Senate maker"
He said Ballinger then drew the Cum
ningham affidavit. containing sworn
statements obviously in irreconcilable
conflict with the terms of then exist
ing agreement with the Morgan Gug-
genllcim syndicate of July 20. 1901"
He referred to Ballinger's trip East
to see Ibis old friend Garfield" and
his friend and protegee Dennet" on
bo nj i'm a MS
why did Ballinger do that" he
asked. "He says these were not
strictly legal services. If they were
not, so much the worse. Was this
then, an attempt to capitalize his
friendship with Garfield and with Den
net; to capitalize an influence neces-
sarily attending his recent in
cumbency in office; to capitalize the
knowledge he had acquired when fill
ing the important Office of land COM
missioner?
He says he was very unwilling to
undertake this land office work and
that he rather unexpectedly received
only reimbursement of his travelling
expenses. If this be so, so much the
worse.
IF against his will and without ex-
pectation of compensation, he under
took this service for such men as
Charles j. Smith. Charles Sweeney,
Horace c. Henry and Ex-Governor
Moore, then it must have been because
their will was law to him. Under
their potent influence Mr.. Ballinger
forgot the rule of professional ethics
as he forgot the rules of the land de-
partment over which he had presided
and by which he was barred for two
years after his retirement from prac-
ticing before it,