The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-01-30

tested the construction of Assistant Sec
rotary Pierce and had ii overruled by
Attorney General Wiekersham."
CLAWS declared he was so disheartened
by the ruling of Assistant Secretary
Pierce, which he regarded as favorins
the claimants In the coal cases, that he
thought of resigning from the service
| and giving all the facts in the case to
the press. He went to Henry M. Hoyt
now the attorney general of Porto Rico
and cousin of Counsellor Henry NJ
Hoyt of the department Of state.
He told Mr.. Hoyt that Mr.. Ballinger had
declined to act In the matter, turning
! the entire subject over to Mr.. Pierce.
Plan to Resign.
Il told Mr.. Hoyt my purpose to re-
sign and give out the facts said CLAWS
He said he thought 1t would make an
awful scandal on Mr.. Taft's administra-
ton, which had hardly begun and he
did not think it the best way. He
thought 1t best to take the matter to
the department Of Justice. Several days
later, about May %. 1909. I saw Attorney
General Wickersham, who was on his
way TO cabinet meeting. He said he
had considered the matter as 1t had been
presented to him by Mr.. Hoyt and he in
tended to speak to Mr.. Ballinger at the
cabinet meeting. He would ask MT.
1.-TWO days later Mr. Ballinger sent for
me and showed me a number of letters
he was writing, one of them in response
to a letter from Miles c. Moore, who
had complained of his disappointment
that the secretary had not brought the
Cunningham claims to patents as mat
ter OF Justice Mr. Ballinger told me
he was sending the papers over to Mr..
Wickersham with a request for new
opinion on the act of May %. 1908. He
asked me in the meantime not to submit
my report under the Pierce decision. |
told him | had already done so. He told
me to withdraw 1t and I did so. In that
report | said it would be futile to con-
tinue the investigation further under Mr..
Pierces ruling"
At this point the luncheon recess was
takeS.
Afternoon Session.
The afternoon session was begun with
the Introduction of correspondence be-
tween Secretary Ballinger and Miles G.
Moore of Walla Walla, Wash. one OF
the Cunningham claimants, which was
contained In the Secretay's statement to
President Taft. The first letter was writ
ten by Mr.. Moore to Secretary Ballinger
May ~, 1905 dated Washington. 1t said
In part:
Assistant Secretary Pierce proved a
disappointment and 1 am going home with
a message that will give scant comfort
to my associates. Your reasons for turn
ing this matter over to your assistant
are appreciated, but we have all felt that
you were named to the position of sec
rotary with your full and complete knowl-
edge and your sense of justice, that our
long-delayed patents would be forthcom-
ing
In his letter of reply Secretary Bal
Dnger says:
u have to advise you that I cannot
make any ruling in the matter as re-
quested because of the embarrassment
which would result from the fact that
while l was not holding any official po-
sition. called upon to advise in the matter
l wish to say that in view of the facts
now disclosed. l would If 1 were ruling
on the matter, hold that the principle
announced in the opinion of Judge Han
ford in the case of the United States
against the Portland Coal and Coke COM
pany Is directly applicable to these