The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-01-06
CLAWS IN A
BAD LICH 7
WickerSham Takes Up
Side of Ballinger in
Fraud Charges

Wis. formerly chief OF the field diyis.
lon OF the general land office, suffer.
ed of mcgalomania and WAS not im-
bued with deep sense Of patriotic
duty in making charges against Sec
retary of Interior Richard A Balm.
ger and others in connection With
coal land claims in Alaska, according
TO Attorney General Wickersham,
whose report of September IL on tho
controversy was sent TO congress 10.
day by President Taft
Attorney General WlckerSham Sc.
verely arraiens CLAWS in his sum.
mary Of the documents submitted 10
CLAWS and the replies thereto. All
tho papers In the case were sent 10
congress IN response to n resolution
OF Senator Flint OF California.
The attorney generals statement
recites the charges preferred against
Balllnge- by CLAWS on August Is. re.
views the status of the Cunningham
group Of coal land claims in Alaska.
states Ballinger's relations with tho
claimants, cites the laws bearing on
the case, quotes many letters written
bwy CLAWS and others in regard 10
the claims and the resultant contro,
versy and draws the following con-
clusions:
The conclusions which, In my opin-
ion. arc very clearly established by
these papers. are as follows:
"FirSt-The inSinuations or charges
OF improper action on the part of Sec
retary BallinSer, Assistant Secretary
Pierce. Commissioner bennett, or
Chief OF Field Divisions Schwartz are
in my opinion entirely disproved. So
far from taking any action In favor
OF the Cunningham claimants, the
record clearly shows that Secretary
Ballingcr was scrupulously' careful not
in any respect 10 act upon these
claims. for the reason that during tie
summe. OF 1908, while he was 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 pu-
pose of ascertaiping the attitude III
his department thereon. Neither his
action nor any OF his written or spok
en- expressions were favorable -
these claimants. The utmost he did
was 10 instruct the land Office to
promptly Investigate and dispose of
all pending cases.
"Second-The suggestion that II
was unlawful for Mr. Ballinger TO have
any professional relation with these
claimants. because of his previous in-
cumbency of the Office of commission.
or of the land Office is. in my opin-
ion, unsound The suggestion is bas'
ed on section 100 United States stat
utes, which reads:
&c 1t shall not be lawful for any per
son appointed after tho first day Of
June. enc thousand eight hundred and
seventy-two. as an officer. clerk OF
employe in any OF the departments to
act as counsel, attorney. agent for
the prosecution of any claim against
the United States which was pending
in either of said departments while
WAS was such officer. clerk or em-
ploye. nor In any manner, nor by any
means TO aid in the prosecution OF any
such claim, within two years next
after he shall have ceased TO be such
officer. clerk or employe.
In tho case Of w. d. Harlan, Sec
rotary OF the Interior Smith, in we'll
reasoned opinion, held that the words
claim against the United States. ns
used in that section, must be con-
sirued TO mean a money demand
against tho United States. An earlier
decision which gave a wider applico-
lion to the words was oyerruled.
"Third-The Cunningham locations
were made In July and August 1904.
All but three of them proceeded 10
entry prior TO May l, 1907, and the
remaining three in Octoer 1907, pay
ments acgregating S52.s00 being made
and covered into the treasury.
The government has had an abund-
ance OF time to investigate the valid
ity of these entries. The entrymen
are certainly entitled TO know with
reasonable promptness the objections
to Issuing patents on their claims and
TO have such objections disposed or
within reasonable time, The attention
OF the land Office was especially di-
rected to these claims IN August, 1909.
They were Investigated by Agents
Love and Jones. They were put Ia
Mr.. Claws hands together With the
investigation of all other Alaska Goa
lands, locations and entries in January
1908. All the essential facts relating
to the claims seem to have been as
contained BY him in the spring OF
1905.
Indeed the claimants do not appear
TO have made any concealment. of the
facts upon which their claims de-
pond. Except during period of not
exceeding TWO months april and MAY
19OS) when proceedings were suspend
ed owing to the exhaustion OF the ap-
preparation. CLAWS had upwards OK
two years in which to complete Dis
Investigations. He was furnished py
the land ofIlce with all the assistance
which he requested.
"All efforts to induce hin, TO orlns
his investigation to conclusion were
met only with requests for further as
sistance coupled with criticism OF h'S
officers. as well AS OF special
agents who had been connected witn
the cases, and every time the genera
land Office urged a speedy completion
of the work-which, it may De on
served. was merely preparatory 10
trial o. the questions involved IN III"