River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1910-01-13
BALL|NGER UPHELD
BY W|CKERSHAM
Attorney General ExonerateS the
Secretary of Interior.
CLAWS CHARGES DISPROvED
Conclusions Drawn from lnvestiga-
ton of the Accusations Based on
Cabinet Officers Connection
with Cunningham Claims.

Wilt cunningham GIaifiS'
Washington, Jan. president Taft
has transmitted to congress report
and summary by Acknowledgement
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
ulGNL luSISOu. 1NS1IuSI 1CC1OA LII
any of his written or spoken express
sions were favorable to these claim
ants
Holds Laws Not Violated.
"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
I statutes, which enacts:
eft 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 employe,
nor in any manner, nor by any means,
to aid in the prosecution of any such
claim, within two years next after he
clerk or employee
'In the case of w. d. Harlan Ut
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 to
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 to
have the questions involved brought
to a trial and the claims passed upon
are held to be baseless. His further
claim that he prevented the govern
ment from being defrauded by pro-
curing a reference to the attorney gen.
eral of thS questions of law involved,
and the overruling by him of an op1n-
ion written by Assistant Secretary
Pierce. which would have enabled the
Cunningham claimants to procure pat
ents on their claims, is declared by
Mr.. Wickersham to be absolutely DIS
proved by the record.
Hot Shot for CLAWS.
The attorney general continues:
CLAWS appears at all times to nave
been prolific in criticism and fault
finding of other officials of his Depart
ment. DESTROYS of increasing his Jur1s-
diction, ready with reasons for delay'
but never ready to complete anything
he undertook. His action in appeal
ing to the forestry bureau of the de-
partment of agriculture to intervene
! in these cases, without consulting any
of his official superiors, was breacn
of all proper discipline, which is Pc
culiarly aggravated because taken on
the very day when he complained to
Secretary Ballinger in person that he
| was being forced to hearing before
ready with necessary evidence.
"Glavis's actions appear to nave
been founded upon wholly exaggerat-
cd sense of his own importance, and
desire for personal advancement rain
or than on any genuine desire TO pro.
feet the interests of the government