The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-01-07
ATTORNEY GENERAL
ROASTS CLAWS
WIckERsHAM SUPPORTS sEcRE.
TARY eAILiNGER IN HIS
STATEMENT.

Washington, Jan s.-Louis r. CLAWS,
formerly chief OF the field division OF
the general land office, suffered OF
megalomania and was not imbued with
deep sense OF patriotic duty in max
ing charges against Secretary of the
Interior Richard A. Ballinger and
others In connection with coal land
claims in Alaska. according to At
torney General Wickersham. whose re-
| port OF September IL on the contro-
verss was sent to congress today by
/ President Taft
/ Attorney General Wickersham
| severely arraigns CLAWS in his sum
mary of the documents submitted to
CLAWS and the replies thereto. All the
papers in the case were sent to con-
gress in response 10 a resolution of
Senator Flint Of California. The at
torney generals statement recites the
charges preferred against Ballinger by
CLAWS on August Is. reviews the
status of the Cunningham group OF
coal land claims in Alaska, states Bal
fingers relations with the claimants.
cites 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:
THE conclusions which. i'm my opin-
ion. are very clearly established by
these papers are as follows:
Entirely Disapproved.
First, the insinnations or charges
OF improper action on the part of Sec
rotary Ballinger. Assistant Secretary
Pierce. Commissioner bennett or Chief
of Field Division Schwartz are i'm my
opinion entirely disprosed. So far
from taking any action to favor the
Cunningham claimants the record
clearly shows that Secretary Ballinger
was scrupulously careful not in any
respect To act upon these claims, for
the reason that during the summer of
1908. while he was in no manner con-
nected with the government. he had
been consulted by some of the claim
ants with respect to tire issuance of
patents and had called upon Secre-
tary Garfield for the purpose of as
pertaining the attitude OF his depart !
ment thereon. Neither his action nor !
any of his written or spoken express /
sions We're favorable to these claim |
ants. The utmost he did was to in
struct the land office to promptly in i
vestigate and dispose of all pending !
cases.
Suggestion Is Unsound.
Second. the suggestion that II was
unlawful for Mr.. Ballngcr to have any
professional relation with these claim /
ants because of his previous ineum-
bcncy Of the office of commissioner
of the land office is. in my opinion,
nnsaund. The suggestion is based ON
section $780, United States statutes.
which reads: 1t shall not be lawful
for any person appointed after the first
day of June. one thousand eight hun.
Ired and seventytwo us an officer
clerk or employee of any of the de-
partmcnts. to act as counsel. attor-
hey or agent for the prosecution of
any claim against the United States
which was pending in either of said
departments while he was such officer.
clerk or employe. nor In any manner,
nor by any means to aid in the prose-
cution of any such claim. within two
years next after he shall have ceased
TO be such officer. clerk or employee.
I'm the case of w. d. Harlan Sec
rotary of the Interior Smith, I'm a WE'LL
opinion. held that the words
claim against the United States as
used In that section may be construed
20 mean money demand against the
United States. An earlier decision
which gave a wider application To the ,
words was overruled.
Plenty of Time to Probe.
trs1 tt,a.
we're made in July and August. 1904
All but three of them proceeded to en-
ry prior TO May. 1907, and the re-
naining three in October. 1907, pay
nents aggregating s52S0o being made
md covered into the treasury The
government has had an abundance OF
line TO investigate the validity of
hese entries. The entrymen are GER
ainly entitled to know with reason !
bile promptness the objections 10 is Z
nlng patents on their claims and to
ave such objections disposed of {
within reasonable time The attention
I the land office was especially direct I
d To these claims in August. 1905 I
hey We're investigated by Agents
.ave and Jones. They We're put in |
II. CLAWS hands. together with h
cal lands. locations and entries i'm q
annary, 1908. All the essential facts Il
elatins In the claims seem to have 4
cen ascertained by him In the spring c
1908.
No Concealment.
Indeed. the claimants do not ap-
ear to have made any concealment
the facts upon which their claims
epend. Except during period of Il
OF exceeding two months tApril and {
lay. 1909 when proceedings were sus- c
ended owing to the exhaustion of the Il
CLAWS had upwards of ,
NO years in which to complete his
He Was furnished by /
he land office with all the assistance b
'hich he requested. +
"Ali efforts to induce him 10 bring o
Is investigation to a conclusion were [
lei only with requests for further as
.stancs. coupled with criticism of his C
AFTER G