New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-14
Evidence OF GL4TTS.
Correspondent Forc'bIy I'm
pressed-Balinger 1Arraicned.

correspondent has reported his testimony
with so strong -Sallinger bias as TO do
Mr.. CLAWS an injustice
u is the writer's opinion that no one who
reads Glavis's testimony with an unbiased
mind can fail 20 be impressed with IFS CO
hsrenee, It's franknsss and its truthfulness
Mr.. Claws undertook a modest task-to
prove that the Department Of the Interior
vas not placed in safe hands when Sfr.
BallingaT was made Secretary. He pre-
ferred no extravagant charges against hssa.
lie accused him of no corruption in the le-
gal sense Of the term. When We demand
that holder Of public trust should be,
like Caesars wife. above suspicion, II IS IN
necessary to prove him legally derelict. \
healthy conscience would reject with con
tempt the refuge OF legal subtlety as j pro-
lection against the charges Of moral insen-
sibility.
CLAWS placed before the COMMITTEES docu-
mentary evidence Of Mr.. Baltnzer's actiy-
10y in connection with the Cunningham
claims without superimppsiag his own con
illusions upon the COMMITTEES. Tie evidence
is, briefly this: When Mr.. EalungeE was
Land Commissioner, IN 1907 and I'm the early
part of 1913. his attention was called 20
possibility OF fraud IL the thirty-three Gun
uingham claims OF the Alaska coal lands
He had known from The report Of Special
Agent Jones and Claws that these claims
should be Investigated H had an inter-
view with Claws concerning them and or
dered him 20 investigate further. few
DAYS later, without any previous announce
rDen,. the claims were ordered clear listed
before CLAWS had time 20 begin the job
with which Bailinger had tutrusted HIM. The
order 10 clear list the claims IS an ofrcial
document 70 was Claws who interpcsef
end protested against the execution OF tbs
order
Bsuirger rs Land Commiss toner next
appears before House committee and
advocates the Hale bill on March =, 1sos
This bill would have validated the Gun
ringhar, claims for S5o,eo" Tie value
Of these claims we have learned from
representatives % the Gusgsnhein'- Nor
gan syndicate to he s5o.ooc,ooQ. Mr.. Bal
Iinger Justifes hts conduct by pointing %
Secretary Garfeld's activity IA The same
direction President Roosevelt, the states
man of conservation, and Clifford Pinchot.
It's prophet, both deplored the f1ultty and
inadequacy OF the land laws governing
the Alaska claimants
Under the present Imperfect laws tie
government does not receive adequate
protection. nor does an honest claimant
For this reason z change IN TIE laws -
necessary. Baliingsr sought q change
which hands over 20 private interests cc1l
lands valued ar $50 100000 Tor $50 GOO.
while the measure sponsored By Secretary
Garfield bases the purchase value % land
on the ascertained value of tire coal. 50
that. according 20 this bill. the Cunning
ham claims would have brought IN 20 ths
government $50, 1000 600
Your correspondent wholly failed 20
note this distinction between tLe attitude
OF Roosevelt ard CiarhsId and that OF Bal
ungeF. He reported Nj Fertrses's he
climate union" OF BaIlinger and Roose-
welt with 6 pen teo painfully sympathetic
in the eyes OF honest adherents 81 the con
servaticn movement. Referring 70 Mr.
Vertrees's comment on the CARRIED bill
your correspondent writes "Leadtns
lawyers, including the Attorney General,
assert that the effect o. this bill. had 4.
become a Law, would be 70 validate al
coal claims, fraudulent and otherwise, IN
GLIDING those OF dummy entrvnleu by
payment of the newly appraised price
II the newly appraised price Is 2 JUST
price, then price il an important issue.
The difference between s59-ooo coo and
$50 600 is not inconsiderabIs for tns gov
eminent
On March T. f94S BsIlinssF resigned -
Land Commisslon4F. Immediately there
after he was enapleyed as counsel for the
Cunningham claimants. There = no legal
proof that Mr.. BaIlirger used ths Isnowl-
edge obtained from his position as Land
Commissioner IA the interest OF his
clients but was Il not highlv uuurofes-
sional fer Mr. Ballingsr 70 place himself
in such morally embarrassing position
His Justification would De amusing did Il
pos reveal pathetic figure. He received
only $50 for his services,
As counsel for the Cunningham claimants
Sir. Bali.ngar dled an affidavit which at
tempted TO destroy the effect If the chief
evidence IL the governments possession
aiulin- 10 protect the people from eN-
rloitatiou by fraudulent claimants. IF this
affidavit OF Mr.. Cunningham filed by Nj
Ballingsr had been accepted as true. Il
would have validated the Cunningham
claims by righteous legal means. The doc
uments show, therefore, that Mr. BalIinser
first tried 10 validate the Cunningham
claims, through his advocacy OF the Hale
bill. by changing the Law; having failed
in this, he tried to validate the claims by
efectinE a change % facts through the
Cunningham affidavit
On March ! 1909 Nr BaIHnees returned
10 the public service Is Secretery cf the
Interior. He suddenly develops an exqUi-
site conscience. Re is erbaTra ssed As
previous counsel for The Cunningham
claims he cannot act wiki complete i'm
partially in the interests OF the govern
rlent- Re therefore delegates his slbordi-
nate, First Assis slant Secretary Pierce. 10
decide on the legality OF the claims who
gives a decision validating the claims.
With due respect 20 tIr. Ballingers moral
sensitiEeness, We cannot refrain from ask
ing the Secretary why he did not display
The same scruplss in favor Of the public
after he left the Land Office. and refuse 70
act as counsel for The Cunningham claim
ants on the ground that, as ex-L Land Com
missioner. IL was morally embarrassing In
this case he took a purely legal view lie
vas now Lawyer Ballinger. Where was
the man Ballngere When Mr.. Haliinger
became Secretary OF the Interior Why did
his ''scruples'' not move him 10 supply the
government with the best legal talent in
the government service 10 safeguard the
peoples interests Why did he refer so
important matter TO a subordinate? Why
we're the legal difficulties in these Cum
bingham claims not referred 20 the Attor-
ney General?
Claws put these questions TO himself lie
received no satisfactory answer. lie real
lied he was facing a crisis In crisis it
IS sometimes pardonable for IA public scr
want 70 abandon the prophecies OF official
etiquette. lie laid the matter before tie