New-York tribune., 1910-01-07
BALLINGER UPHELD.
Uickersham Finds Glaras
Charges Baseless.
[From The Tribune Bureau. !

From The Tribune Bureau.l
Washington. Jan. 6.-The President sub
mitted TO the Senate to-day his reply to
the Flint resolution calling for the papers
in the Ballinger-P -Pinchot controversy The
most important document submitted is the
report and summary of the Attorney Gen
erals report on the CLAWS charges.
Mr. Wtckersham in vouminous review
OF the charges exonerates Secretary Bal
linger, Assistant Secretary Peirce, Com
missioner bennett and Mr. Schwartz, chief
of the field division, from every asperson and
insinuatlon made by CLAWS and finds that
Secretary Ballinger and his assistants were
warranted by the evidence before them in
clear listing for patent the Cunningham
claims for Alaska coal lands, and went out
of their way to make assurance doubly
sure by in effect calling CLAWS for
any additional information he might have
received. This action was taken, says Mr
Wickersham. "out of abundant precaution
in the protection of the public interest.
Mr. Wickersham declares CLAWS guilty
of fragrant Justification. both by untruthful
statements and suppression of evidence, and
shows the anmus therefor by a letter In
which CLAWS advised Schwartz that. In his
opinion, neither bennett nor B. will last
long" and under such circumstances why
do not you try for the place? / am quite
sure you can win out" II is further shown
that it was Glavis's ambition TO obtain pro-
motion to Schwartz's place, when Schwartz
should have succeeded bennett.
The Attorney General says CLAWS per-
sistently neglected his duty, and by his pro-
crastination permitted the statute OF limi-
tations TO run in cases where criminal
prosecutions should have been instituted
finds Glaviss statements as submitted to the
President, and later made the subject of
sensational magazine articles. TO be with
out foundation and unworthy of credence in
every respect. Mr. Wickersham shows fur
ther that the Interpretation placed upon the
statute affecting Alaska coal lands by
Commissioner bennett was much more con-
servative even than that OF Secretary Gar
field.
MR.. BALLINGER CAREFUL.
Summarizing his conclusions. Mr.. Wicker
sham says that the charges against Ballin-
ger, Pierce. bennett and Schwartz are, in
his opinion entirely disproved"; that so
far from taking any action to favor the
Cunningham claimants the record clearly
shows that Secretary Ballinger was scru-
pulously careful not in any respect to act
upon these claims, for the reason that
during the summer of 1908, while he
in way connected with the government,
he had been consulted by some OF the
claimants with respect to the issuance OF
patents and had called on Secretary Gar
field for the purpose OF ascertaining the
attitude of his department thereon. Neither
his action any OF his written or spoken
expressions were favorable to these claim
ants"
Ballinger entirely warranted in acting to
this extent as attorney for the Cunning
ham claimants and cites numerous legal
opinions in support of this finding
Third-He finds that the Cunningham To-
cations were made in July and August,
1904 and payments aggregating $500 were
made thereon; that CLAWS had upward of
two years to complete his investigation
during which the Land Office furnished
him all the assistance he requested, and
that all efforts to induce him to bring
his investigation to a conclusion were met
only with requests for further assistance
coupled with criticism of his superior Off
GERS, as well as of other special agents
who had been connected with the cases,
and that had the department desired i'm
properly to patent the claims it might
have done so in January. 1S0S by simply
acting on the favorable report of Special
Agent Love without informing CLAWS"
Fourth-He finds that Glavis's claim that
he prevented the government from being
defrauded through the reference to the
Attorney General of the decision of AS
sistant Secretary Pierce absolutely dis
proved by the record" Mr.. Wickersham
says Pierce's decision and its reference to
him, by it's very terms excluded any pos
sible reference to the Cunningham claims"
and, moreover, that with the explanation
of the somewhat ambiguous phrase initia-
ton of the entry used by Assistant secre-
tary Pierce, his construction of the statute
did not differ from that given to it by the
Attorney General In his opinion" Mr.
Wickersham shows, moreover that il was
Secretary Ballinger himself who appealed
to him for a ruling on the law of Nav
2S 1908
F1fth-He declares that the intervention
OF the Forestry Bureau, procured by
CLAWS, is shown by the record to have
been entirely unnecessary to the interests
of the United States.
MEASUREMENTS BY CLAWS.
Sixth-He finds "Glavis's report and
summary abound in contradictions and
misstatements They omit to a degree that
amounts 10 absolute suppression letters
kilograms and other documents. some of
which were in his possession, and others