Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1910-01-19


Interior Garfield. Section 1870 of the
revised statutes of the United States
provides that no officer or employe
of the United States shall act as
attorney or counsel for the prosecWt.
ing of any cia.m which has been peat
ing in the department with which
he was connected within two years
after leaving the government employ.
TAere had. been varying decisions
by former law officers of the govern.
ment holding that the word "claim'
in this statute means on the one
hand only a monetary claim against
the government, and on the other
hand any claim o. any description, in
cluding land claims. These were
argued pro and con on the question
of Ballinger's becoming attorney fol
the Cunninghams by those taking
sides in the matter but his oppon'
ents kept close to the ethical view
Of the question.
Turns. Issue TO Subordinate.
When Ballinger entered the Taft
cabinet in March, 1898. he gave snp
his connection with the Cunningham
cases and when they came to him as
secretary of the interior. he directed
Assistant Secretary Pierce to decide
all questions relating to them.
Assistant Secretary Pierce in May,
1909. signed "a decision holding that
the Hepburn law allowed the consol'
idation of certain character of coal
claims in Alaska. which would have
included the Cunningham claims. A
copy of this decision went to CLAWS
and he was directed to make report
inaccordance with it.
On June ~ Attorney General Wick
ersham overruled the Pierce decis
ion. The Cunninghams then prefer
red to stand under the old law. and
Claws received orders from the land
office to hurry his investigation. La
ter Special Land Agent Sheridan waf
placed on the cases, superseding Glay
Is.
CLAWS Appeals for Aid.
CLAWS had protested and asked
for time in which to complete his in
vestigations, and when he found his
protests unavailing he telegraphet
to Acting Law Officer Shaw OF the
forestry service, stating that there
were about 100 claims in the Chu
gach national forest reserve. includ
Ing the Cunningham group, which
were about to proceed to trial, ant
asking the cooperation of the forest
ry service.
On July 81 Secretary of Agrlcul
ture Wilson requested Secretary Bal
linger not to fix dates for the hear
ing Of these claims untilshe couit
find out from the local forestry Of
ficers the full reasons for the re
quest for postponement. A day latel
Law officer Shaw of the forestry ser
vice called at the general land Office
and requested that he be allowed Il
examine the record in=the cases
which was refused
Shaw Reports Refusal.
Shaw reported the refusal to AS
sociate Forester Price, who, will
Shaw, then called on Chief of Fielt
Service Schwortz of the general liant
office. 1t was on this occasion tina
the statement, "Pinchot is trying i
run the interior department. 4 i, wa
made. The forest serylces officer
finally We're allowed to see the. rec
ord-after certain papers were takel
out.
Special Agent Sheridan, after look
ing over CLAWS record of the case
1 at Seattle, indorsed the recommen
datlon for delay. and later Actinl
Secretary of the Interior Pierce gran
ed the request of the secretary o
agriculture for suspension of tn
hearing. hut urged that the forestr,
investigation Of the claims be hasten
ed as much as possible.
1t was with the Cunningham claim
in this situation that Glavls journey
ed from Seattle to Beverly. Mass
last summer and laid the case be
fore President Taft The whole ives
by this time was ablaze with the dis
:ussion of the Ballinger-Plnchot cor
troversy. Both of the principal
were attending rival "conservatio
congresses" in the west, Pincho
making speeches demanding tn
Representation Of the land for the PEI