The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-06

das;-ad to improperly pass the claims
to patent it might have done so in jan
nary 1908 by simply acting on the
favorable reports or Speclal agent
Love. without notifying Claws that the
claims had been clear listed; or, when
the fie1d work was re-districted, these
claims might have been left in charge
of the new chief of field division at
Portland when CLAWS was transferred
to Seattle.
.sFourth-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 overru1ing by
him of an opinion written by Assist
ance Secretary Pierce, which would
have enabled the Cunningham claim
ants to procure patents on their claims
is absolutely disproved by the record,
which shows:
Disproved by the Record.
"GO That the letter submitting the
questions to the attorney general, the
form of which was prepared by Mr..
Schwartz in conference with CLAWS,
and was in part suggested by him, by
it's very terms excluded any possible
reference to the Cunningham claims;
"(2) That with the explanation of
the somewhat ambiguous phrase 'ini-
tiation of the entry used by Assistant
secretary HleTCe, Ills VI
the statute did not differ from that
given it by the attorney general in his
opinion.
"F'ifth-The intervention of 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.
1t was even unnecessary to secure
postponement of the hearing on the
Cunningham claims, as Special Agent
Sheridan of the land Office. who had
been sent to conduct the hearing on
the claims, after a conference with
Claws concurred in the advisability
of a postponement until after the COM
pletion of a field examination, al
though for reasons differing from any
which had been previously advanced
by CLAWS, and so advised the general
land office.
''Sixth-Glavis' report and sum-
mary abound in contradictions and
misstatements. They omit to a de-
gree that amounts to absolute sup
preston letters, kilograms and other
documents, some of which were in his
possession, and others which were
available to him and which complete
ly rebut differences he seeks to have
drawn from those which he does sub
nit.
Prolonged Delays
'tSeventh-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 a conclusion
an investigation which was prolonged
beyond all reason and, which. if it
had been prosecuted with due dill
gence, and if CLAWS had properly
availed of the assistance placed at his
disposal by the land Office. should
have been completed and ready for
trial not later than the autumn of
Ions The ola lima n re anfif1nd n
have the objection to their claims
formulated and brought to hearing
with reasonable promptness and the
interests of the government did not
require and were not advanced by the
prolonged delays and inaction of Spe-
cial Agent CLAWS. In this connection
it may be pointed out, as an example
of CLAWS habitual procrastination,
that, although pursuant to his request
of April IL, 1908. to forward to him
all original papers relating to Alaska
coal entries and declaratory state
ments upon his representation that
the statute of limitations would pre-
vent criminal prosecutions after the
following October, and the cases must
therefore be presented during the
pers and documents were, by direc-
ton of the general land office. imme-
diately transmitted to him by the
Juneau Office. No proceeding what
ever was taken by him to bring these
criminal prosecutions or to take any
steps in connection therewith.
Prolific in Criticism
"Glavis appears at all times to have
been prolific in criticism and fault
finding of other officials of his depart
ment, desirous of increasing his juris-
diction, ready with reasons for delay,
but never ready to complete anything
he undertook. His action in appealing
to the fOrRSfry- hl1rpoII ~
ment of agriculture to intervene in
these cases, without consulting any of
his official superiors, was a breach of
all proper discipline, which is pecu-
liarly aggravated because taken onkthe
very day when he complained to
Secretary Ballinger in person that he
was being forced to hearing before
ready with necessary evidence, and
was referred by the secretary to Chief
of Field Service Schwartz. That he
could have had no lack of confidence
in Mr.. Schwartz is shown by his per-