The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1910-01-12
BALL|NGERU UPHELD
BY W|CKERSHAM
Attorney General Exonerates the
Secretary Of Interior.
CLAWS CHARGES DIsPR0vEC

Conclusions Drawn from lnvestiga.
ton Of the Accusations Based on
Cabinet Officers Connection
with Cunningham Claims.
Washington, Jan. 7.-President Tai.
has transmitted to congress a report
and summary by AttorneyGeneral
and summary by Attorney General
CLAWS accusing Secretary of the Interi.
or Ballinger of improper conduct in ref.
erence to the so-called Cunningham
group of coal land claims in Alaska.
The attorney general made thorough
examination of the charges and Of the
replies thereto, and his conclusions
are complete exoneration of Mr..
Ballinger, and of his associates in the
interior department..
Substance of the Charges.
CLAWS. who was an official of the
general land Office with headquarters
at Seattle, in substance charged that
Mr.. Ballinger, as commissioner of the
general land Office, had acquired
knowledge of the facts set out in the
record in the Cunningham cases
which, as attorney for the Cunning
ham claimants he afterwards used in
advising them in their attempt to Sc
cure patents; also that it was unlaw.
full for him to have professional re-
lations with the claimants because OF
his having been commissioner of the
land office. After detailing the evil
dence examined by him, Mr.. Wicker
sham says it very clearly established
the following conclusions.
"The insinuations or charges of i'm
proper action on the part of Secretary
Ballinger, Assistant Secretary Pierce,
Commissioner bennett, or Chief Of
Field Division Schwartz are, in my
opinion, entirely disproved. 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
connected with the government, he
had been consulted by some of the
claimants with respect to the issuance
of patents, and had called upon Sec
rotary 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 were favorable to these claim
ants.
Holds Laws Not Violated.
1.-THE suggestion that it was unlaw.
full for Mr. Ballinger to have any pro-
fessional relation with these claim.
ants because of his previous incum.
bency of the office of Commissioner
of the Land Office is, in my opinion,
unsound. The suggestion is based on
section 100, United States revised
statutes. which enacts:
"It shall not be lawful for any per-
son appointed after the first day OF
June, one thousand eight hundred and
seventy-two, as an officer, clerk, or EN-
ploye in any of the departments to
act as counsel, attorney, or agent for
prosecuting any claim against the
United States which was pending in
either of said departments while he
was such officer, clerk, or employee,
nor in any manner, nor by any means
to aid in the prosecution of any such
claim, within two years next after he
shall have ceased to be such officer
clerk or employee
"In the case of w. D. Harlan On
Land December, 216) Secretary of the
Interior Smith, in well-reasoned
opinion, held that the words claim
against the United States" as used
in that section, must be construed tt
mean a money demand against the
United States"
Accusations Are Disproved.
Assertions of CLAWS that he was
hampered and interfered with by the
interior department in his efforts tt
have the questions involved brough
to a trial and the claims passed upor
are held to be baseless. His furthel
claim that he prevented the govern
; ment from being defrauded by pro
curing reference to the attorney gen
| GTdl Ol tuc uucollOAo VI AZ" lINOlNCO
and the overruling by him of an opin
ion written by Assistant Secretar.
Pierce, which would have enabled tn
Cunningham claimants to procure pat
ents on their claims, is declared b.
Mr.. Wickersham to be absolutely dis
proved by the record.
Hot Shot for CLAWS.
> The attorney general continues:
"Glavis appears at all times to hav
: been prolific in criticism and faul
: finding of other officials of his depar
ment, DESTROYS of increasing his juri'
: diction, ready with reasons for dela!
but never ready to complete anythin
he undertook. His action in appea
ing to the forestry bureau of the d.
, partment of agriculture to interven
> in these cases, without consulting an
l of his official superiors, was a breac