Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1910-01-13
CLAWS CHARGES
NOT SUSTAINED
PRESIDENT TRANSMITS TO CON.
GREss REPORT AND SUM-
MARY BY WIcKERsHAM.
.sEG'Y. BALLINGER Ey0NERATED
Attorney-GeneraI Says Land Office OF.
fetal Criticised and Found Fault
With a View of His Own Per-
\ sonal Advancement.

Washington, D. C.-President TAFT
has transmitted to congress a re-
port and summary by Attorney Gen.
eral Wickersham on the statements
made by CLAWS accusing Secretary
Of the Interior Ballinger of i'm
proper conduct in reference to the
so-called Cunningham group of coal
land claims In Alaska. The attorney
general made a thorough examination
of the charges and of the replies
thereto, and his conclusions are a
complete exoneration of Mr.. Ballinger,
and of his associates in the interior
department.
Substance of the Charges.
CLAWS, who was an official of the
general land office with headquarters
at Seattle, in substance charged that
MIR. Ballinger, as commissioner of the
general land office had acquired a
knowledge of the facts set out in the
record in the Cunningham cases which
as attorney of the Cunningham claim
ants he afterwards used in advising
them in their attempt to- secure
patents; also that it was unlawful for
him to have professional relations
with the claimants because of his
having been commissioner of the land
office, After detailing the evidence
examined by him, Mr.. Wickersham
says it very clearly established the
following conclusions:
"The insinuations or charges Of i'm
proper action on the part of Secretary
Ballinger, Assistant Secretary Pierce,
Commissioner bennett, or Chief of
Field Division Schwartz are, in my
opinion, entirely disproved. So far
from taking any action to favor the
Cunningham claimants, the record
shows that Secretary Ball1nger was
scrupously careful not in any respect
to act upon these claims, for the rea-
son that during the summer of 1908,
while he was in no connected
with the government, he had been
consulted by some of the claimants
with respect to the issuance OF
patents, and had called upon Secre-
tary Garfield for the purpose of as.
certaining the attitude of his depart.
ment thereon. Neither his action nor
any Of his written or spoken expires.
sions were favorable to these claim.
ants.
Holds Law Not Violated.
"The suggestion that 1t was unlaw'
full for Mr.. Ballinger to have any pro
fessional relation with these claim
ants because of his previous incum.
bency of the office Of commissioner Of
the land office is, in my opinion, un.
sound. The suggestion is based or
Section 100, United States revided
statues, which enacts:
cit shall not be lawful for any
person appointed after the first day Of
June, 1872 as an officer, clerk, or EN-
ploye in any of the departments tc
act as counsel, attorney or agent fol
prosecuting any claim against the
United States which was pending in
either Of said departments while he
was officer, clerk or employee, 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
OF employee"
"In the case Of W. D. Harlan, Score
tary Of Interior Smith, in a well
reasoned opinion, held that the words
claim against the United States az
used In that section, must be construed
to near money demand against the
United States"
Accusations Are Disproved.
Assertions Of CLAWS that he was
hampered and intertered with by the
interior department in his efforts te
have the question involved brought tc
a trial and the claims passed are held
to be baseless. His further claim thai
he prevented the government from
being defrauded by procuring a re
ference to the attorney general Of the
question of law involved, and the over
ruling by him of an opinion written
by Assistant Secretary Pierce, is dis
proved by the record"
Hot Shot for CLAWS.
The attorney general continues:
"Glavis appears at all times to have
been in criticism and fault finding Of
other officials Of his department. in
the excuse Of increasing his jurisdic.
ton, ready with reasons for delay, but
never ready to complete anything he
undertook.
His action in appealing to the for.
estry bureau to intervene in these
cases, without consulting any of his
official superiors, was a breach Of all
proper discipline, which is peculiarly
aggravated because taken on the
very day when he complained to
Secretary Ballinger in person that he
was being forced to a holding before
ready with necessary evidence.
CLAWS actions appear to have
been founded upon a wholly exag.
gerated n of his W Importance
rather than to protect the interests
Of the government.
The Tie.