The Bridgeport evening farmer., 1910-01-05

long tons of minable coal, much tinnr falls which could furnish 1000 horse power available for hauling, lighting and working the mines.
 These claims had been under in vestigation for more than a year when they were turned over to l.. R. Glavfs, chief of the field division of the Land Office at Seattle. for investigation in Jones had reported that in his opin- ion the entries were suspicious, and he believed were fraudulently made in the interests of the Guggenheim Min ing Syndicate. Early in January, 1908 while Glavis was Investigating the claims, they were 'clears listed for pa tent' in the Land Office, and Glavis was informed of that action
 Right here arises a very interesting question of ethics which the oppon- ents of Secretary Bailinger propound- ed at that time and have been rais- ing ever since. Ballinger, up to March 1908, was Commissioner of the General Land Office, which bureau had charge of the Cunningham cases. When Bal finger resigned as Commissioner he became attorney for the Cunninghams, and submitted brief in the case to Secretary of the Interior Garfield. Section 190 of the Revised Statutes of the United States provides that no of fcer or employe of the United States shall act as attorney or counsel for prosecuting any claim which has been bending in the department with which he was connected within two years after leaving the government employ.
 There had been varying decisions by former law officers of the government holding that the word tc'laim" in this statute means, on the one hand, only
 
 n1ent, and. on the other hand any, claim of any description, including land claims. These were argued pro and con, on the question of Ballinger's becoming attorney for the Cunning hams, by those taking sides in the matter, but his opponents kept close to the ethical view of, the question
 When Ballinger entered the Taft Cabinet in March, 1909. he gave up his connection with the Cunningham eases, and when they came to him as Secretary of the Interior he directed Assistant Secretary Pierce to decide all questions relating to them.
 But to return to Glavis.. When he was informed of the clear listing of the Cunningham claims for patent he entered protest and the action was suspended Giavis was ordered to re- sume his investigation. On March 3, 1908, Ballinger, then Commissioner of the Central Land Office, had appear ed before the House committee on pub lie lands in relation to a bill intro duced by Delegate Gale, of Alaska. The Gale bill provided for the consoli- datiOn of bona fide entries on Alaskan coal lands. Commissioner Ballinger showed considerable familiarity with 'thirty-three entries on Alaskan coal lands, embracing 5,28O acres near the Bering river in the Katalla District" He said that a great many of the en- trymen became involved in conditions, which, on the Land Office records, show a technical violation of the sta- tute.' and urged legislation permitting the consolidation of the entries The committee disregarded his suggestion. But a bill introduced by Senator Hey burn, and amended at the suggestion of Secretary Garfield, became a law. This law provided for the consolida- tion of claims entered by locators solely in their own interest and not as the employed agents of another.
 Immediately after his resignation as Commissioner Ballinger as attorney for the Cunninghams, filed an affidavit in explanation of certain passages in a private journal secured by Glayis from Cunningham which is alleged to have shown that the Alaskan claims were taken out by the Cunninghams in the names of dummy entrymen. The book is alleged to have shown the substitution of responsible persons for the dummies later on.
 Assistant Secretary Pierce in May, 1909, signed a decision holding that the Heyburn law allowed the consoli- dation of certain character of coal claims in Alaska, which would have included the Cunningham claims. A copy of this decision went to Glavis, and he was directed to make a, report in accordance with it.
 On June F Attorney General Wick ersham overru1ed the Pierce decision. The Cunninghams then1 preferred to stand under the old law, and Glavis received orders. from, the Land Office to ahurry his investigation. Later, spe- csal Land Agent Sheridan was placed on the eases, superseding Glavis. Gla- wis had protested and asked for time in which to complete his Investigation, and when he found his protests un- availing he telegraphed to Acting Law Officer Shaw, of the Forest Service, stating that there were about 700 claims in the Chugach National For est Reserve, including the Cunningham group, which were about to proceed to trial, and asking the cooperation of the Forest Service.
 E On July 21, Secretary of Agriculture Wilson requested Secretary Ballinger not to fix dates for the hearing of these claims until he could find out, from the local forestry officers, the full reasons for the request for postpone ment. A day later Law Officer Shaw of the Forest Service, called at the General Land Office. and requested that he be allowed to examine the rec ord in the cases, which was refused. He reported the refusal to Associate Forester Price who with Shaw then called on Chief of Field Service Schwartz, of the General Land Office. It was on this occasion that the state ment ''Pincllot is trying to run the In- terior Department was made. The Forest Service officers were finally al- lowed to see the record--after certain papers were taken out.
 Special Agent Sheridan, after looking over Glavis' record of the cases at Seattle, endorsed the recommendation for delay, and later Acting Secretary of the Interior Pierce granted the re- quest of the Secretary of Agriculture for a suspension of the hearing, but urged that the Forestry investiga tion of the claims be hastened as much as possible