Los Angeles herald., 1910-01-07

. action IN LilGlI CASE ID LGAAAlA W.
MIR. Pinchot said the action of these
subordinates was most unusual, but
| suggested that the situation that called
it forth was quite as unusual.
Price and Shaw" he said, success
fully directed public attention to a
national danger. They increased the
peoples interest in the property and
| powerfully fostered the desire to con-
| serve it.
Lands Safer Now
"There is now far less chance that
/ the Alaska coal fields will pass into
| the hands of fraudulent claimants
| than there was before they acted. They
acted on what they believed to be
| trustworthy information. Many con
! siderations which had not been brought
| home to the presidents mind, as ap-
pears from his letter of September
13, had weight with them.
The rules of official decorum exist
in the interest of official administra-
ton and of that alone, If they are
used to prevent an honest and vigi-
liant official from saving the property
of the public their purpose is violat-
ed and they become worse than use
less.
price and Shaw concede that they
did transgress propriety. But meas
ured by the emergency which faced
them, by the purity of their motives
and the results which they accom-
plished, their breach of propriety sinks
well nigh into insigniticance."
Mr.. Pinchot said he disclaimed any
intention or desire to shirk any part
of his own legitimate responsibility for
what was done by these two subor-
dinates.
What they did, he added, raised a
question of principle that should not
be obscured either by personal con-
sideration or by possible mistakes on
their part. They had, he said, done for
the people of the country what the
people WoulL have done for themselves.
Report Not Read
On the conclusion of the discussion
Of the Pinchot letter, the presidents
message transmitting Attorney Gen
eral Wickersham's report on the Bal
linger case was laid before the SEN
ate. but Mr.. Wickersham's long re-
port was not read. 1t was referred
to the committee on public lands.
Senator Nelson, chairman of the
committee on public lands, has called
a meeting for Saturday morning to
consider the several resolutions relat-
ing to the investigation of the Bal
lIHBeF-ElnCnOL controversy
That Galvis suffered from begalo-
mania and was not imbued with a deep
sence of patriotic duty In making the
charges against Secretary Ballinger
and others, is the claim made by At
torney General Wickersham, in his re-
port sent to congress today by Presi-
dent Taft.
Attorney General wickersham Sc
Verely arraigns CLAWS in his sum-
mary of the documents submitted bv
CLAWS and the replies thereto. All the
papers in the case were sent to con-
gress in response to a resolution of
Senator Flint of California.
The attorney generals statement re-
cites the charges made against Bal
hnger by CLAWS on August Is, reviews
the status of the Cunningham group
of coal land claims in Alaska, states
Ballingers relations with the claim
ants, recites the laws bearing on the
case, quotes many letters written by
CLAWS and others in regard to the
claims and the resultant controversy
and draws the following conclusions:
1.-THE conclusions which, in my opin-
ion, are very clearly established by
these papers are as follows:
His Conclusions
"First-The insinuations or charges
of improper action on the part of Sec
retaty Ballinger, Assistant Secretary
Pierce, Commissioner bennett or Chief
of Field Division Schwartz are, in my
opinion, entirely disproved.
"Second-The suggestion that it was
unlawful for Mr.. Ballinger to have
any professional relation with these
claimants because of his previous in
cumbency of the office of commission
er of the land office is, in my opinion,
unsound.
"Third-The Cunningham locations
were made in July and August, 1904
All but three Of them proceeded to
entry prior to May 1, 1907, and the
remaining three in October, 1907, pay
ments aggregating S52 800 being made
and covered into the treasury.
1.-The government has had an abun-
dance to investigate validity 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 of within a
reasonable time"
Here CLAWS is severely arraigned for
his protracted delays in learning the
facts of the case.
"Fourth-Glavis' claim that he pre-
vented the government from being de-
frauded by procuring a reference to
the attorney general of the questions
of law involved and the overruling by
him of an opinion written by Assistant
Secretary Pierce, which would have
enabled the Cunningham claimants to
procure patents on their claims, is alb
solutely disproved by the record.
Intervention Unnecessary
"Fifth-The Intervention by the for
estry bureau, procured by CLAWS, is
shown by the record to have been en-
tirely unnecessary to the protection of
the interests of the United States.
"Sixth-GlaVis' report and summary
abound in contradictings and mis-
statements.
"Seventh--The action of each and
every official of the land office re-
ferred to in CLAWS charges appears
to have been inspired by the perfectly
proper desire to bring to conclusion
an investigation which was prolonged
beyond all reason.
"Glavis' actions appear to have been
founded on a wholly exaggerated sense
of his own importance and desire for
personal advancement rather than
upon any genuine desire to protect the
interests of the government, and this
species of megalomania has gnally led
him to submit to you charges of i'm
proper motives and conduct against
his official superiors, which, in my
opinion, are so unjust and unfounded