The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-09-10

| be decided 10 said corporation.
Monopoly Alleged.
| "The evidence fairly shows that the
syndicate aimed at the monopolization
of the Behring River coal helds,' con-
I'm December. 1907. Mr.. Ballinger, as
| commissioner of the general land office,
| at the request Of Ex-Governor Miles C..
| Moore OF Walla Walla, Wash, a Cum
ningham claimant. ordered the Cunning
| ham claims TO patent. Previous to this
| order, the Guggenheim option again had
been made. The claims had gone 10 en-
| try. but patents were being delayed.
"All Alaska coal claims were under
suspicion Of being fraudulent The order
under such circumstances was wrongful,
| CLAWS, who had few days before been
| instructed to investigate all Alaska coal
claims, and who was given Il formal no
| tice of the order. protested against II.
and the order was revoked,
after rcslgnIng as commissioner, Mr.,
Ballinger acted as adviser and counsel
for the Cunningham claimants. In their
attempts to obtain patents. He prepared
ham and presented IT to the secretary Of
the Interior and commissioner of the
general land office In an attempt to eX-
plain away a former, affidavit of Cum
ningham and the entries In the Cunning
ham journal, both OF which had been
secured by CLAWS and were the most
damaging pieces Of evidence against the
claimants In possession of the govern
ment.
Violation Of Duty Charged.
"Mr. Ballinger violated no statute in
so doing, but he did violate the moral
obligation which was upon him, not to
attempt TO embarrass the government In
an effort to conceal the entries begun
while he was commissioner. and which 1t
was his duty TO aid in good faith while
in office.
The act OF May 2S, 1905. permitted
consolidation OF coal claims to the eX-
tent OF rD6U where tho locations
had been made in good faith The, con-
Struction placed upon the act by Messrs,
and seemingly by Mr.. Ballinger. would
have condoned all agreements 10 COM
blne In violation OF the act OF April %,
1904. The Pierce decision had that eff
feet Through the efforts OF Claws and
Henry NJ. Hoyt, this decision was
viewed by the attorney general and re-
versed
''In the summer of 1909 il. H. Schwartz,
chief OF the field division of the general
land office, endeavored to force CLAWS
to report on the Cunningham coal claims
and to go 10 trial or hearing in the pro-
oecding 10 cancel the entries. without
an examination OF the claims to aSccr-
tain II the improvements were being
made In n manner to Indicate that the
claims were being operated in common.
This was an important circumstance in
the governments case.
after CLAWS was removed from
charge OF the cases James NJ. Sheridan.
that he was right and the field examlna-
tion was made prior to hearing
Water Power Sites.
Mr. Madison discusses the Pinchot
charges and the question Of water power
sites and their Withdrawals by the gov
ernment in order TO prevent monopoly.
He says:
Mr. Ballinger. soon after taking Of
lice as secretary, declared such with
drawals were without authority of law.
although there was much authority to
uphold Mr.. Garfled'S action. and restored
the lands to entry and exposed them TO
the danger of ultimately, without any
restrictions to their use. falling into
the possession Of those who would mo-
nopolize the power.
''At the time Of restoration he did
not intend TO rc-withdraw the lands,
but on account OF protests from those
OF the danger. he rewithdrew the lands
in sufficient quantity TO protect the
sites He made. to Senator La Toilette.
in letter, as the reason for restoring
a large portion OF the land the state
ment that the reclamation service had
recommended the restoration OF the land
to the public domain. This statement
also was made in a letter to the presi
dent. The evidence before the commit
tee shows that the officers OF the recla-
nation service protested against the
restorations.
Charges Lack of Harmony.
Mr., BallinGer s course toward The d.
rector OF the reclamation service since
he has been secretary has been such as
to tend TO destroy discipline and harmony
in the bureau,
1T appears that CLAWS has been ef-
fective in the accomplishment of re-
suits. He protested against and pre-
vented the patentine Of the Cunningham
claims when ordered to patent by Com
versal OF the Pierce decision constituting
the act Of May 2S. 1908, and he prevent
cd the commencement OF hearings TO
cancel the Cunningham entries until a
field examination had been had. CLAWS,
Henry NJ Hoyt, Horace Tillard Jones
and Andrew Kennedy are deserving Of
commendation by the people of this
country,
THE questions which should determine
the fitness of Mr., Ballingcr as public
servant were those which arose out Of
ton Of the water power sites These
had to do with the conservation of the
natural resources Of the nation. Mr.
Banger on one sids is anq me- Mr ,ncnoe
tirely opposite positions toward that
policy.
Lack of Investigation.
''Mr. Ballinger was willing that the
Cunningham claimants should obtain
their patents without investigation. al
though the signs were prominent and
he must have been aware of them, that
they were travelling toward the Nor
Ran-uuSBcHnglin anu iiioilop-
oily He was willing TO. throw the pow
er sites along the streams of the west
into danger OF acquisition by those who
would monopolize them. He could sec
no danger In returning them to entry,
and only submitted to their rewith
drawal because other men, alive to the
real danger, protested and denounced his
attitude"
Mr.. Madison discusses conservation and
the necessity thereof also declaring II
a crime to permit national resources and
water power sites 'to fall into the hands
of monopoly" He continues;
"Mr. Pinchot believed that the policy
of conservation was being attacked in
the very place where friend of con-
servation was most needed. and his acts
have been inspired by the desire to pro-
tect the policies to which he is devoted.
II regret that ] am compelled TO ar
rive at a conclusion different from tho
one which was arrived at by the presi-
dent for whom l feel the highest per-
sonal regard and respect We have had
before lis many. witnesses and have
vast amount Of documentary evidence
and have had the opportunity of test
Ing the credibllity OF witnesses in the
most searching manner. and, after hear |
Ing them. I have arrived at these con- |