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

them patented showed bad faith
That he advocated a bill to validate
the Alaskan coal claims alleged to pe
fraudulent.
THAT his action in acting at attor-
ney in cases pending in the land office
while he was commissioner was repre-
hensible.
bingham coal claims to a hearing be-
fore the government was ready to pro-
coed.
! THAT he encouraged characterization
in the reclamation service ana con-
doned improper official conduct In tha'
connection"
Numerous official acts Of Mr.. Bal
linger are attacked. High praise If
given Clifford Pinchot, former CHIEF Tor
ester, and L. r. CLAWS, former CHER
of field division of the general land
office. Mr.. Madison's conclusions are:
| That the charges of Messrs. Claws
and Pinchot should be sustained
That he. has been unfaithful to the
| public interests.
THAT in the matter of the Cunning
ham coal lands he was not faltn1ui
trustee of the peoples interests.
That with regard to the reclamation
service he has taken action tending
toward it's disintegration."
| A resolution which was adopted by
the Democrats and Mr.. Madison pro-
vided for publication of the findings
| When Senator Nelson left the commit
tee room Senator Fletcher was made
| chairman pro tenn and members pres
ent proceeded with their work.
The findings of the Democrats ana
Mr.. Madison also were filed with the
| secretary of the committee.
Madison's Conclusions.
Mr.. Madison's conclusions are:
THAT the charges made by L. R.
CLAWS against Secretary Ball1nger
should be sustained; that in the matter
of the disposition of the Cunningham
coal lands, Mr.. Ballinger was not
faithful trustee of the interests of the
people and did not perform his duty
in such a manner as to properly pro-
tect such interests
THAT the charges made by Mr.
Pinchot should be sustained; that Mr..
BalIinger's course in the administra-
ton of the department of the interior
was characterized by a lack of fidel-
ity to the public interests; that this
has been shown in his treatment of
the Cunningham coal claims, the res
toration of the water power sites to
entry without intention to rewith
draw, and in his administration of the
reclamation service, the latter result
ing in necessary humiliation to the
director and tending toward the disin-
tegration of the service.
He has not shown himself to be
that character of q friend to the pol
icy of conservation of our natural re-
sources that the man should be who
occupies the important post of secre-
tary of the interior in our government
and he should not be retained in that
office"
A summary of Mr.. Madison's find
ings follows:
1.-The investigation resolved itself in
to two branches The CLAWS and Pin
chot forces charged that Ballinger had
been an unfaithful trustee of the peo-
pies interests; that this was more par
ticularly demonstrated by his conduct
toward the Cunningham coal claims.
"Pinchot charged that Ballinger's
course as secretary of the interior had
been characterized by lack of fidelity
to the public interests; that he was
an enemy of the policy of conserva-
ton of natural resources; that this
was more particularly evidenced by
his restoration to entry of the water
power sites withdrawn by Secretary
Garfield. his conduct toward the re-
clamation service and the Alaska coal
fields"
Mr.. Madison then described Alaska
as the last great natural storehouse
degree belongs to all the people of the
United States; that the secretary of
the interior should guard them against
both fraud and monopoly"
Cunningham Claims.
The Cunningham coal lands claims
were then described. Cunningham,
being referred to as the promoter of
a plan whereby he and his associates
were to prove up the land and then
operate it as one mine by means of
an association or corporation; he was
to have one-eighth of each subscrib-
er's stock for his services in prospect
ing land and managing the dead
The findings declare that strong
evidence was produced that this plan
was adopted and acted upon by the
subscribers; that the Cunningham en-
tries can be Cancelled for fraud if Wig
orously prosecuted by the government;
that the claims contain from fifty to
ninety million tons of COAL
The composition of the Morgan
Guggenheim or Alaskan syndicate is
given and declared to be IAN associa-
ton organized to exploit Alaska"
The findings of Mr.. Madison declare
that this syndicate entered into an
ham claimants in 1907 where said
claimants were to organize a corpor-
alton capitalized at $5,00O,000 and
convey one-half the stock to it from
$250.000. The coal lands of the
Cunningham group were to be decided
THE evidence fairly shows that the
syndicate aimed at the monopoliza-
ton of the Behring river coal fields
I'm December. 1907. Mr.. Ballinger
as commissioner OF the general land
Office, at the request of Ex-Governor
Miles c. Moore of Walla Walla. Wash,
q Cunningham claimant ordered the
Cunnin CHAM claims to patent Previous
to this order the Guggenheim option
agreement had been made The claims
had gone to entry but patents were
being delayed. All Alaska coal claims
were under suspicion of being fraudu-
lent. The order under such circum-
stances was wrongful. CLAWS, who had
a few days before been instructed to
investigate all Alaska coal claims. and
who was given a formal notice of the
order. protested against it and the or
der was revoked
after resigning as commissioner,
Mr.. Ballinger acted as adviser and
counsel for the Cunnin CHAM claimants
in their attempts to obtain patents. He
prepared a lengthy affidavit for Clar-
ence Cunningham and presented it to
~ 49,