Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-01-06
Attorney-GeneraI Says Special
Agent Suffered From Bad
Case of Big Head.
SOUGHT SELF ADVANCE
Was Prolific of Criticism and Fault
Finding; n Procrastinator, Ready
With Reason for Delay.


the general land office, suffered Of
megalomania and was not imbued with
a deep sense of patriotic duty in max
ing charges against Secy. of the In
terror Richard A. Ballinger and others
in connection with coal land claims
in Alaska, according to Atty.-Gen.
Wlckersham whose report of Sept.
IL on the controversy was sent to Coll
greSs by President Taft.
Atty.-Gen. Wickersham severely ar
raigns Claws in his summary of the
documents submitted to CLAWS and the
replies thereto. All the papers In the
case were sent TO Congress in response
to resolution of Senator Flint of Cali
fornia.
The attorney generals statement re-
cites the charges preferred against
Balllnger by CLAWS on Aug. is. reviews
the status of the Cunningham group
OF coal land claims in Alaska, states
Ballinger's relations with the claim
ants, cites the laws bearing on the case,
quotes many letters written by Claws
and others in regard to the claims and
the resultant controversy and draws
the following conclusions:
WICKERSHAM'S CONCLUSIONS,
ion. arc very clearly established by
these papers are as follows:
"First-The insinuations or charges
of improper action on the part of Secy.
Ballinger, Asst. Secy. Pierce, Commits
sioner bennett or Chief of Field I'i-
visions Schwartz are, in my opinion,
entirely disproved. So far from taking
any action to favor the Cunningham
claimants the record clearly shows
that Secy. 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 III
no manner connected with the govern
ment he had been consulted by some
of the claimants with respect to Tho
issuance of patents. and had called
upon Secy Garfield for the purpose OF
ascertaining the attitude of his de-
partment thereon. Neither his action
nor any of his written or spoken ex-
pressions were favorable to these
claimants The utmost he did was to
instruct the land office TO promptly
Investigate and dispose of all pending
cases.
"Second-The suggestion that it was
unlawful for Mr.. Ballinger to have any
professional relation with these claim
ants, because of his previous incum-
bency of the Office of commissioner of
the land Office is, In my opinion, un-
sound The suggestion Is based on sec
ton 100 United States statutes, which
reads:
at shall not be lawful for any per-
son appointed after the first day OF
June, 1872. as an officer. clerk or em-
ploye in any of the departments to act
as counsel. attorney, agent for 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 shall
have ceased to be such officer, clerk or
employee
''In the case of w. D. Harlan. Secy.
OF the Interior Smith, in a well-rea-
soned 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 An earlier decision
which gave a wider application to the
words was overruled.
CUNNINGHAM LOCATIONS.
Third-The Cunningham locations
were made in July and August 1904.
try prior to May l. 1907, and the re-
naming three in October. 1907. pay
ments aggregating s52,S00 being made
and covered into the treasury.
THE government has had an abund-
ance of time to investigate the validity
of these entries. The entrymen are
certainly entitled to know with reason
able promptness the objections to is
suing patents on their claims and to
have such objections disposed OF with
In reasonable time. The attention of
the land office was especially directed
to these claims in August. 1905. They
were investigated by Agents Love and
Jones. They were put in Mr.. CLAWS
hands together with the investigation
of all other Alaska coal lands locations
and entries in January, 190S.All the es-
sential facts relating to the claims
seem to have been ascertained by him
in the spring of 1908
Instead the claimants do not appear
to have made any ,concealment of the
facts upon which their claims DEPEND
Except during period of not exceeding
two months (April and May. 1S0S) when
proceedings were suspended owing to
the exhaustion of the appropriation.
CLAWS had upwards OF two years in
which to complete his Investigations.
He was furnished by the land office
with all the assistance which he re-
quested.
CLAWS WAS SLOW.
"All efforts to induce him to bring
his investigation to a conclusion were
met only with requests for further as
sistance coupled with criticism of his
superior officers, as we'll as of special
agents who had been connected with
the cases. and every time the general
land Office urged a speedy completion
of the work which, 1t may be observed,
was merely preparatory to a trial OF the
questions involved In the entries for tho
purpose of determining whether or not
patent should issue. CLAWS advanced
some more or less specious reasons why
he was not ready to formulate objcc-
tions and proceed to trial.
"Instead of hampering or interfering
with him. every facility was given him
by the interior department. and with
one or two immaterial exceptions every
request for assistance was promptly
granted, Had the department desired
Improperly to pass the claims to patent,
IL might have done so In January, 1908, |
by simply acting on the favorable re- |
port OF Special Agent Love without no. |
tifying CLAWS that the claims had been |
clear listed: or. when the field work |
was redistricted. these claims might |
have been left In charge OF the new |
chief of field division at Portland when |
CLAWS was transferred to Seattle.
GLAvIS's CLAIM.
'F'ourth-Glavis's claim that he pre-