The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-10

Schwartz, chief of the field of the gen.
eral land office. endeavored to force
CLAWS to report on the Cunningham
coal claims and go to trial or hearing
in the proceeding to cancel the entries.
without an examination of the claims
1 to ascertain If the Improvements were
| being made in a manner to indicate
that the claims were being operated in
common. This was an important cir
Icumstance in the government case
| After CLAWS was removed from
charge of the cases, James M. Sheri-
dan, who was sent to succeed him, re-
ported that he was right and the field
examination was made prior to hear
ing
| Mr.. Madison discusses the Pinchot
charges and the question Of water
power sites and their withdrawal by
| the government in order to prevent
monopoly. He says:
"Mr. Ballinger soon after taking Of
flee as secretary declared such with
drawalS were without authority OF
| law, although there was much auth
ority to uphold Mr.. Garfield's action.
/ and restored the lands to entry and
exposed them to the danger of ulti-
i mately, without any restriction as to
their use, falling into the possession
of those who would monopolize the
power.
"At the time of restoration he did
not intend to rewithdraw the lands,
but on account of protests from those
| whom he said had an exaggerated
idea of the danger, he rewithdrew the
| lands in sufficient quantities to pro-
| tect the sites. He made to Senator
LaFollette in a letter, as the reason
| for restoring a large portion of the
| land, the statement that the reclama-
| ton service had recommended the
restoration of the land to the public
domain.
This statement also was made in
letter to the president. The evidence
before the committee shows that the
officers of the reclamation service pro-
tested against the restoration.
Mr.. Ballinger's course toward the
director of the reclamation service
since he has been secretary has been
such as to tend to destroy discipline
and harmony in the bureau.
What CLAWS Did.
1T appears that CLAWS has been eff
fectiVe in the accomplishment of re-
suits. He protested against and pre-
vented the patenting of the Cunning
ham claims when ordered to patent
by Commissioner Ballinger. He secur-
ed a reversal of the Pierce decision
constituting the act of May %, 1908,
and he prevented the commencement
of hearing to cancel the Cunningham
entries until a field examination had
been had. CLAWS, Henry M. Hoyt,
Horace Jones and Andrew Kennedy
are deserving of commentator by
the people of this country.
THE questions which should deter
mine the fitness of Mr.. Ballinger as
public servant were those which
arose out of the Cunningham claims
and the restoration of the water sites.
These had to do with the conservation
of natural resources of the nation. Mr..
Ballinger on one side and Mr.. Pinchot
and Mr.. Garfield on the other occupy
entirely opposite positions toward that
policy.
Mr.. Ballinger was willing that the
Cunningham claimants should obtain
their patents without investigation,
although the signs were prominent
and he must have been aware of them
that they were travelling toward the
Morgan Guggenheim syndicate and
monopoly. He was willing to throw
the power sites along the streams of
the west into danger of acquisition by
those who would monopOlize them. He
could see no danger in returning them
to entry and only submitted to their
Withdrawal because other men.alive
to the real danger, protested and de-
nounced his attitude"
Mr.. Madison discusses conservation
and the necessity thereof, also declar-
ing it crime to permit natural re-
sources and water power sites ito fall
into the hands of those who will mon
opolize them and use them to the en-
richment of the few and the impov-
oTlSHIu0IlL VI Inc Ilduys LIS IepOII
continues:
Mr.. Pinchot believed that the pol
icy of conservation was being attacked
in the very place where a friend of
conservation was most needed, and his
acts have been inspired by the desire
to protect the policies to which he is
devoted.
"I regret that I am compelled to
arrive at conclusions different from
the one which was arrived at by the
president, for whom I feel the highest
personal regard and respect. We
have had before us many witnesses
and have a vast amount of document
airy evidence and have had the oppor-
tunity of testing the credibility of wit
nesses in the most searching manner,
and after hearing them all have ar
rived at these conclusions"
The report of Mr.. Madison makes
nIa