The Paducah evening sun., 1910-01-05

in Alaska.
The Cunningham claims. near ka-
talla, Alaska, cover thirty-three coal
entries, comprising $3.50 acres.
report made by the claimants eN-
perts says that they contain over
G3, ,0OO.O 900 long tons of minable coal'
much timber tor mining purposes
and waterfalls which could furnish
4, 900 horsepower available for maui
ling. lighting and working the mines
These claims had been under IN
vestlgation for more than year
when they were turned over 10 L.
r CLAWS. chief of the field DIVISION
of the land Office at Seattle, Tor IN
vestigation in December, 1907.
Special Agent II. r. Jones had re-
ported that in his opinion the en-
! tries were suspicious. and he believ-
ed were fradulently made in the in
terests of the Guggenheim Mining
syndicate. Early in January. 1908,
while CLAWS was investigating the
claims. they were clear listed for
patent" in the land office, and
CLAWS was informed of that action.
Question of Ethics.
Right here arises very INTEREST
| ing question of ethics which the OPP
ponents Of Secretary Ballinger pro-
pounded at that time and have been
raising ever since. Ballinger. up to
March. 1908. was commissioner OF
the general land office. which bu-
reau had charge of the Cunningham
cases. When Ballinger resigned as
commissioner he became attorney
for the Cunninghams, and submitted
brief In the case TO Secretary OF
the Interior Garfield Section 19e
of the revised statutes OF the United
States provides that no officer or
employe of the United states shall
act as attorney or counsel for prose-
cutting any claim which had been
pending in the department With
which he was connected, within two
years after yeaving the government
employ.
There had been varying decisions
by former law officers OF the govern
ment holding that the word "claim"
In this statute means. on the one
hand. only monetary acclaim
against the government. and on. the
other hand, any claim of any de-
scription. including land claims.
These were argued pro and con. on
the question OF Ballinger's becoming
attorney for the Cunninghams, by
those taking sides in the matter. but
his opponents kept close TO the
ethical view Of the question.
When Ballinger entered the Taft
cabinet in March. 1903. he gave up
his connection with the Cunningham
cases. and when they came TO him
as secretary of the interior. he di-
rected Assistant Secretary Pierce to
decide all questions relating to
them.
But to return TO CLAWS. when he
was Informed Of the clear listing Of
the Cunningham claims for patent
he entered protest and the action
was suspended CLAWS was ordered
to resume his Investigation. on
March 3. 1908. Balllnger. then COM
missioner Of the general land onSte.
had appeared before the house com
mittee on public lands in relation to
a bill introduced by Delegate Gale.
Of Alaska. The Gale bill provided
for the consolidation OF bone fde
entries on Alaskan coal lands Com
missioner Ballinger showed consid-
cradle familiarity with "thirty-three
entries on Alaskan coal lands. en-
braclng 9 .2SO acres near the Bering
river in the Katalla district" He
said that a great many OF the entry
men became involved I'm conditions.
(which. on the land Office records.
show a technical violation OF the
statute" and urged legislation per
mitting the consolidation OF the
entries OF the entries. The commit
tee disregarded his suggestion But.
a bill introduced by Senator Hey
burn, and amended at the sugges-
tion OF Secretary Garfield. became
law. This law provided for the
consolidation Of claims entered by
locatOrs solely in their own Interest
and not ag the employed agents Of
another.
Immediately after his resignation
as commissioner. Balllnger, as attor.
ney for the Cunninghams, filed an
affidavit In explanation OF certain
passages in a private journal secured
by CLAWS from Cunningham which Is
alleged to have shown that the Alas
kan claims were taken out by the
Cunninghams in the names of dunn
my entrymen." The book is al
legged to have shown the substltu-
tion OF responsible persons for the
dummies" later on.
Assistant Secretary Pierce in