Omaha Daily Bee Newspaper, January 7, 1910, Page 1

THE OMAHA BEE & clean, rellable newspaper that is admitted to each and every home. THE OMAHA DAILY BEE PINCHOT WRITES TO DOLLIVER Letter from Chief Forester Causes Sensation on Floor of Senate. DEFENDS Says He Thinks President Taft Has Ba,n Misled. WARMLY GLAVIS ACTS OF OWN SUBORDINATES They Violated Rules of Official Cour- tesy and Were Reprimanded. PRAISE FOR THEIR MOTIVES He Says They Directed Public Atten- tion to Attempt to Wrongfully Obtain Cosl Lands—Purpose of Rules of Decorum. WASHINGTON, Jan. 6.—The Ballinger- Pinchot controversy was today made doubly intense by the reading in the sen- ate of a letter addressed by Mr. Pinchot to Senator Dolllver, In which the course adopted by L. R. Glavis, with the assist- ance of Me Price and Shaw of the bureau of forestry, was warmly approved. In this communication the chiet forester not only upheld the critclsms of Secretary Ballinger, but suggested that the president himself had been mistaken in the facts when he removed Mr. Glavis from the pub- lic servie Mr. Pinchot's letter called Senator Hale to his feet with a severe rebuke to the chief forester for having lgnored a recent order by the president directing that no subordi- nate officer should give information con- cerning affalrs of the government except to his superior officers, He also suggested that the adoption of this course tended to forestall and prejudice public opinion in re- lation to the Ballinger-Pinghot controversy. Preceding this Incident, Senator Jones' Joint resolution for an Investigation of the Interior department and of the forestry bureau was referred to the committee on public lands, but the reference was not made untll after considerable discussion of a resolution by Senator Newlands instruc- ing the committee on public lands to re- port within two weeks recommendations for legislation putting into effect Secre- tary Ballinger's recommendations made in his last annual report for the conservation of natiohgl resources. The Newlands reso- lution was aleo referred to the committee on publie lands. ‘While the senate was taking this action the house declined to enter upon a discus- sion of the joint resolution introduced by Mr. Humphrey. The resolution went over until tomorrow. Sensation in Senate. In the senate Mr. Pinchot's letter caused \ genuine sensation. In addressing nis let- ter to Senator Delliver, Mr. Pinchot indi- sated thai ft had been written at the re- quest of the Towa senator, but it was ad- Aressed to him as chalrman of the commit- tes on agriculture, thus making it an of- ticlal document, He sald that Mesars. Price and Shaw had prepared an official report upon thelr actfons, which he was trans- mitting to the secretary of agriculture. This, report shows that MeBsrs. Price and Shaw made publie certain information regarding the so-called Cunningham claims for coal lands In Alaska,” said Mr. Pin- chog. *The effect of the publication was to direct |critical public attention to the In- terior department. It shows that they countepanced the publication by L. R. Gluvis of certain facts concerning these claims after he had been dismissed from office and that In other ways they en- deavored to diréct public attention to the imminent danger that the Alaska coal flelds, still In government ownership, might Pass forever Into private hands with little OF no compensation to the public.” This information, Mr. Pinchot adds, was of & nature proper to be made public, “un- less the people of the United States are not entitled to know concerning the' source, nature and progress of clalms made for portions of the public land: “The rumor,” he said, “that the Glavis report to the president was prepared in or by the forest scrvice s incorrect. At Glavis' request 1 sent Shaw, as It was proper 1 should, to Chicago to assist him Ih arranging his material for submission to the president.” ir saying that these officlals had cted on Information they had concerning the ddnger of the loss of the Alaska coal lands, Mr. Pinchot continued: Says Presldent is Misled. “Action through the usual official chan- nels and finally even an appeal to the president had resulted (because of what I belleve to have been a mistaken impression of the facts) In eliminating from the gov- ernment service In the person of Glavis & most vigorous defender of the people's in- terest. Furthermore, the refusal of the seoretary of the Interlor to assume respon- sibllity In the cases had left thelr conduct wholly in the hands of suboydinates, each of whom was apparently dommitted in favor of patenting these claims.” Prics and Shaw, he sald, deliberately chose to risk their officlal positions rather be the wrongful loss of public property. Having violated a rule of propriety as be- tween the departments, Mr. Pinchot sald they deserved a reprimand and had re- otived one. “But I shall recommend,” he #dded, “without hesitation that no further action In thelr cases is required.” Mr. Pinchot sald the action of these sub- ordinates was most unusual, but suggested that the situation which called it forth was quite @8 unusual ““Price and Sha he sald, “‘successtully directed public attention to a national dan- gef. They Increased the people's interest in the people’s property and powerfully fostered the desire to conserve it. There is now far less chance that the Alaska coal fields will pass Into the hands of fraudulent claimants than there was be- fore they acted. “They acted on wha they belleved to be trustworthy Information. Many considera- tions which had not been brought home to the president's mind, as appears from his letter of September 1. had welght with them. Purpose of Rules of Deécorum. “The rules of officlal decorum exist in the interest of official administration and of that alone. If they are used to prevent an honest and vigilant official from saving the property of the publie, their purpose is viclated and they become worse than useless. Price and Shaw concede that what et A (Continued on Second Page) Hitchcock Says He May Contest Burkett Seat 1 “’4; ", in Interview, Intimates %% 1 of Candidacy and “ % van Won't Run %, 0 WASHING ‘fi» Telegram.)—W %% Coi. Correspondent.) C., Jan. 6.—(Speclal ¢ M. Hitchcock be a candidate fo. Jted States senate to succeed EN Jacob Burkett? An answer can be fulind in Mr. Hitcheock's statement to The Bee tonight. When asked a direct question, whether he contemplated being a candidate, he replied: “I am not yet ready to say whether I shall be a can- didate for re-election as representative, or shall become a candidate for the senate.” “I have been serlously considering the matter and expect to make a proper an- nouncement before the end of February and that will be In ample time. The pri- maries do not occur until August. A telegram from Lincoln gave the Infor- mation that after a serles of conferences among democratic leaders held early in the week the consensus of opinion was that Hitchcock should make the race. The telegram further stated that ‘“leading democrats declare that W. J. Brvan will will not run for the senate. They also aver that Governor A. C. Shallenberger will be a candidate for re-election. This practically side-tracks Mayor Dahlman of Omaha who has gubernatorial ambitions.” As to the rumored conferences held by “leading democrats,” under the shadow of the Lincoln state house, Mr. Hitchcock disclainied any knowledge whatsoever. To the suggestion that Mr. Bryan would not be a candidate he had the ‘‘very best of reasons to belleve that Mr. Bryan will not be a candidate." . Senator Burkett returned tonight from a flying trip to Nebraske “Conditions look promising for my nomi- nation at the primaries,” he said. “WIIl there be an expression for United States senator at the primarles?” he was asked. ‘Of course there will be; T have taken counsel with the best lawyers in the state and they are agreed that while the pri- mary law may be unconstitutional it un- doubtedly provides fo ran expression on the part of the people as to their choice for United States senator. _“Nebraska s all right”” he continued. “The state never was in better condition and It given a few more years of general rainfall where needed, we will he among the richest, most prosperous and happlest states of the federal union.” Speaker Cannon a Firm Believer in Party Caucus Fight Out Differences There, He .Says, and Then Stop Fighting if Beaten. WASHINGTON, Jan. 6.—Speaker Cannon called at the White House today and had a talk with President Taft. After some coax- ing on his way out the speaker made a few remarks concerning the doctrine of party regularity. My test of regularity in politics, church, finance or family,” he said, “is co-operation and harmony. 1 am a great bellever irf caucuses—the wicked caucuses. Get to- gether and fight out the differences there, and if you are licked, come back and fight again, “We can't all have our way in this world. We do not have our way, no matter how big or how high we may be. The manly man gives and takes, fights or yields, as he thinks best for his cause. I haven't much patignce with these men who are wiser than all the other fellows put together and whose views are unchangeable. “I always feel a man of that sort has no business In an organization. If he can't fight it cut in party ranks and yleld if he 1s beaten, then he had better go out and Join the enemy, or better still, form an or- ganzlation of his own. “But all this Is chestnutty, boys” con- tinued the speaker. “The worst sort of chestnuts. But I want it understood I did not mention this subject to the president or he to me. 1 am not trying to run his busi- ness.” Scotch Party to Search for Pole Expedition to Leave in July is A sured by Aid of the Gov- ernment, LONDON, Jan. 6.—~The Scoteh expedi- tion in search of the South pole is now assured, the government having promised today $100000 towards the $200,00 which I8 the estimated expens Heretofore the public subscriptions have hung fire, & total only of between 55,000 and $60,000 having been raised, but there will be no difficulty now in procuring the small balance required, The expedition will set forth in July. There 1s little doubt that the reported activity among the American Arctic ex- plorers who advocate a south polar ex- pedition proved a convineing factor which determined the government to assist Cap- tain Herbert F. Scott. Vree to Be Rear Admiral, WASHINGTON, D. C., Jan. 6.—President Taft today sent to the senate the nomina- tion of Captain Charles . Vreeland of the navy to be a rear admig WEATHER FORECAST. For Nebraska-—Falr, For low Fair and warmer. For weather report see page 2 OMAHA,. FRIDAY BOTH SIDES ARE STANDING FIRM Mediators Abandon All Attempts to Settle Switchmen’s Strike in the Northwest, CHAIRMAN KNAPP'S STATEMENT He Says Neither Party Was Willing | to Make Any Concession. i MR. PERHAM TRIES AGAIN Leader of Telegraphers Has Another | alk with Mr. Knapp. WILL STICK, SAYS HAWLEY President of Switchmen's Will Not Call Proceedings Case. Union oft Struggle— Chicago WASHINGTON, Jan. 6.--The Interstate Commerce commission has abandoned all attempts to mediate in the strike of the switchmen on northwestern roads. The following statement was made public by Chairman Knapp: “Nothing has resulted from the meetings held with Mr. Perham, president of the Order of Rallway Telegraphers and head of the raliway branch of the American Federation of Labor, and the mediators have abandoned any further effort to bring about a settlement of the switchmen's strike in the northwest.” This decision was reached at a confer- ence late today between the mediators and Mr. Perham. Neither the strikers nor the raliroad companies could be induced to| yield. Mr. Perham was keenly disappointed by his fallure to bring about a settlement. He | had a conference, in the afternoon with Chairman Knapp, but it resulted in nothing. Perham Tries Again. Subsequently the statement of the media~ tors announcing the abandonment of pres- ent efforts to bring together the strikers and railroad officials was given to the putlic, Mr. Perham expressed astonishment at the statement and at once sought another interview with Chairman Knapp. The latter confirmed the statement to Mr. Perham, but assured him that it the mediators could be of service at any time in the future they would be not only willing but glad to act. Mr. Perham sald afterwards that while the medlators apparently had abandoned their efforts to bring about an adjustment he proposed to stick to it. He did not disgulse his annoyance at the turn the affair had taken, but gave no intimation as to what he proposed to do. Proceedings in Chicage Case. Proceedings in mediation of the contro- versy Between the officials of the railways operating out’of Ghicago and their switch- men will be begun at the offices of the Interstute Commerce commission in this clty next Wednesday. The negotiations will be conducted under the Erdman act. 1t the mediation should prove unavailing, it is entirely likely that the controversy will be referred to arbitration under ' the provisions of the law. The joint telegram to Chairman Knapp and Dr. Charles P. Neill, commissioner of labor, the mediators, from 8. E. Heberling, vice president of the Switchmen's Union of North America, and F. O. Melcher, chair~ man of the general managers' commiitee of the rallways requesting mediation, was received today. The differences which are to be considered are precisely similar to those which resulted in the strike of the switchmen employed on the northwestern rallways. The most serious questions In- volved are those concerning wages and hours of labor, and double pay for over- time and Sundays. Will Stick, Says Hawley. ST. PAUL, Minn,, Jan. 6.—The news from Washington that Messrs, Knapp, Nelll and Perham had decided nothing further could be done to settle the switchmen's strike here was discouraging to the strike lead- ers, President Hawley of the switchmen, asked it he would call off the strike now \that a settlement was impossible, said: “Oh, no, we intend to stick.” Big Four Trouble Ended. CINCINNATI, O., Jan. 6.—All danger of a strike of the telegraph operators on the | Big Four railroad was effectually ended | today when the committee of the Order of Rallway Telegraphers and the road offi- cials agreed to submit the entire contro- versy to arbitration. WOOL GROWERS AT OGDEN Annual Meeting of National Associa- tion Begins Session with Offi- cers’ Addresses, OGDEN, Utah, Jan, 6.—The National As- sociation of Wool Growers met in annual session at 2 o'clock this afternoon. The| delegates were welcomed by Mayor Glas- mann and Governor Spry. John Hart of Idaho replied on behalf of the convention. The annual address of the president and the western and castern vice president of the association were then glven. | Coal Miner Injured. BOONE, Ia., Jan. 6.—(Special Telegram.) ~James' Egan was serlously injured this morning In a coal mine here when a cap rock and coal caved in. He was taken to a hospital and it is not known whether he | will recover. | "The 220 pounds of brawn of Willlam Good, police officer, were pitted against the frenzy of a runaway horse in & thrilling struggle on Sixteenth street Thursday morning. For one shudderiig moment the crowds that drew cowering back against the bulldings and scurried from the cross- ing at Sixteenth and Harney saw the brief encounter that meant safety for them. A runaway horse raced up Farnam street from the east at the limit of his frightened speed, swerving south on Sixteenth street. As the runaway approached the Schiitz hotel 1t was apparent that & moment more and the maddened animal would be lhito the throng on the sidewslk. Policeman Battles With Runaway Horse and Wins his gloves and club, and with bare hands extended, leaped for the horse's head. At the same moment the vehicle drawn by the runaway crashed Into an express wagon. The policeman braced himself against the horse and won the apparently unequal struggle. It was all over in a moment and the officer soon had the tangled strands of traffic moving again The horse was led away by the driver, who came up In his belated pursyit of the 1l MORNING JANUARY 1910—-TEN PAGES. SINGLE COPY TWO CE} ““Golly! This must be the old girl grandad is always telling about.” From the Cleveland Lesder. DEMOCRATIC LAW A MUDDLE Defect in Primary Amendment Blocks Oregon Plan. PETITION TO GET ON BALLOT Attorney General Thompson Regards Statute Bad—Up to Parties to Heed Act or Not to Do So. (From a Statf Correspondent) LINCOLN, Jan. 6—(Speclal)—"In my opinion the prmary law enacted by the last legislature expresly exempts the nomin- ation of candidates for United States sena- tor at the primary election to be held in August.” Such is the statement of Attorney Gen- eral Thompson following a reading of the act. “Language to my mind can hardly be any plainer,” he continued. “It appears to'me the intent of the legislature was to prevent the nomination of candidates for the senate.”” % The section of the lawiabout which tiere has been so much dispute reads a&s fol- lows Section 5834 (primary, when and wherc held.)—There shall be a primary electior held at the regular polling place in each precinct on the third Tuesday i August and annually thereafter on the third Tues- day In August, for the nomination of all candidates except those exempted from the provisions of this act to be voted for at the November election and United States senator, and sald day shall be the first dny of registration of voters in all citles where registration 1is required. * ¢ ¢ There is no punctuation in the section. Petitions Only Recourse. 1t the opinion of the attorney general holds good after a more careful investiga- tion of the subject there will be only one way candidates for the senate may get their names on the November ballot to be voted for under the provisions of the Ore- gon plan of voting for the candidates' for the senate, which Mr. Bryan had the demo- cratic legislature to enact, and thatis by petition. If both parties heed the Oregon-Bryan law then It is possible that an unlimited number of candidates may have their names on the November ballot, but there 18 no way by which the legislature can be forced to elect the one who recelves the plurality of the votes cast. “I am in favor of the republican party entirely ignoring that Oregon plan of voting for senators,” said H. C. Lindsay, clerk of the supreme court. “In my opinfon it would be a good idea for thé republican state committee to have an early meeting and go on record urging candidates for the legislature on the TepubMcan ticket to ignore that law. The law itselt is not compulsory, o the committee may very well take such action. Up to the Committees. “The committee should simply tell the facts In the case and say that this law was enacted at the behest of Mr. Bryan and In his interest and urge all republican candi- dates for the leglslature to refuse to pledge themselves to vote for any demo- crat for United States senator. ‘No member of the legislature can legally (Continued on Second Page.) The man who owns an automobile should take advari- tage of this severe weather to have his car thoroughly overhauled and painted. On the first want ad page, under the clossification, Auto- mobiles, are a number of firms who are skilled in antomobile overhaulinig and painting, There are also many opportuni- ties to purchase a good used car runaway. The wreck of his buggy, broken into splinters, lid on the street, but he hastened away without a word to the of- ficer who stopped the runaway. The express wagon, belonging to Freling The big crossing policeman threw down & Steinle, was not ‘adured cheap under this popular classifica tion. Have you read today? the Want Ads N orth Platte Woman Tries for Husband Mrs, Charles F. Iddings Uses Courts at Cleveland to Get Him from Relatives. CLEVELAND, O., Jan. 6.—Charging that her husband, Charles F. Iadings, was being unlawfully detained from her by her rela- tives in Warren, O., Mrs. Btfle Iddings of North Platte, Neb., secured a writ of habeas corpus in common pleas court here today. The writ was served In Warren to- night. Mrs. Iddings says her husband was taken from her home in North Platte by his brothers and sisters without her consent and that he is now being kept from her, without any legal authority, I the Iddings home In Warren. Frank A., Willlam T. and Elizabeth 1ddings are made the de- fendants. The 1ddings’, who are well to do, have been married for some years. The alleged desire of his relatives to treat his allments by a system of non-medical treatment is siven by Mrs. Iddings as the reason for his detention. 'Robbers Foiled in Bank Holdup Clerk is Shot and Two Bandits Captured in Street Battle. NEW YORK, Jan. 6—In a daring at- tempt to hold up a private bank In the Greenpoint section of Brooklyn this after- noon four men attacked the clerks in the bank, shot one of them, perhaps fatally, and then gave battle to a crowd in the street. The robbers escaped, but two men were arrested, who were identified by the wounded man as members of the gang. Simon Korn, owner of the bank and steamship ticket agency, had gone to lunch, leaving his brother, Samuel, In charge, with several clerks, when four men, apparently foreigners, entered and Inquired about steamship tickets. Samuel Korn suspected their motives and grabbed a tray contain- ing several thousand dollars in coin and currency and attempted to carry it to a safe. Two of the Intruders leaped over a counter and tried to seize the money. In the fight one of the robbers fired sev- eral shots at Korn, one of which peae trated his neck, inflicting a wound from whieh it is said he may die. —— MERCURY CUTS SHARP TURNS Falls Five Degrees in One Hour and | Rises Nine in One. GOES TO TEN BELOW ZERO Severe Weather is General Over the ‘West, but Forecaster Welsh Prom- ises Slowly Rising Tem- perature Now. The mercury had a lot of fun Thursday morning turning sdmersaults. At 6 o'clock the temperature was 6 below, at 7 o'clock & below, then at § o'clock the mercury had dropped to 10 below. There it lingered until at 9 o'clock it was 9 below, and then It made a morg radical jump up than it had made down, Jeaping back to even 0. ““These sudden fluctuations of tempera: ture, while peculiar, are not unusual, says Weather Forecaster Welsh. ‘““The pecullarity lles In the fact that there was a distinct rise in/temperature between 6 and’ 7 o'clock, and then the sudden fall. It was due to the intervening of & slight warm wivé between § and 7." Most’ people wnose lot in life is to ride o thelr places of businss had occasion to realize fis keenly as they could that it wis & cold morning. Cars, though persist- ing in thelr valiant fight against the ele- ments, appeared to be themselves suffering from the cold and unable to make their time. Men and vomen stood for long | periods on corners with only their wrath to keep them from freezing. One Ray of Comedy. Out of the cloud of tragedy a ray of comedy shot on one occasion. A little fat | man stobd at Twenty-ninth and Farnam— perhaps had stood there for ten or fifieen | minutes, for cars were scarce—and pres- ently & blg car whisked by. As it ap-| proached him he began waving his arms | for it to stop. but it stopped not. Seeing | it defy him, the little fat man took after the car and chased it up was not long. Things he said, but they | were lost on the smoky alr in the dis-| tance. It was a smoky alr that shot Into the lungs of Omaha people as they neared the downtown districts, alr laden evidently with that part of the coal which furnaces Al (Continued on Second Puge.) FOUNDER OF D. A. R. IS DEAD Mrs. Flora Adams Darling Succumbs to Apoplexy at Her Home in New York. NEW YORK, Jan. 6.—Mrs. Flora Adams Darling of the Daughters of the American | Revolution and United States Daughters of 1812, dled suddenly here today from apoplexy at the home of her brother, John Quincy Adams. She was 70 years old. NEW YORK, Jan. 6.~The Arctic club of America—founded by Dr. Frederick A. Cook and his supporters in the North pole controversy—through its board of directors has dropped the name of the explorer from its roll of membership. The action of the Arctic club directors last night was unanimous and followed 1ard on the heels of the explorer's sum- mary dlsmissal from the council of the Jrooklyn Institute of Arts and Sclences (wo days ago and strips from the explorer almost the last vestige of scientific honors, only the degree of doctor of philosophy, corferred by the University of Copenhagen, remalning. The Arctic club of America led In the welcome festivities to Dr. Cook on his return from Greenland and Copenhagen. Later the club (endered Dr. Cook, & former president of the organization, a banquet at the Waldorf-Astoria, while many of its Individual members, ineluding Admiral Schley and Captain Osborn, warmly cham- ploned the cause of Cook, when his now discredited polar clalm was challenged. Another member of the Cook family— this time Mrs. Josephine Dudiey, a sister of the discredited explorer's wife—made a statement last night. Mrs. Dudley says Dr. Cook I8 a nervous wreck, unable to think consecutively, and that the reason he remains in hiding is that he could not stand the strain of further controversy “We are praying” says Mrs. Dudley, “that he will soon recover so that he may come forward and defend himself. Mrs. Cook is at her husband's side. She loves him and truets him. 'Dr. Cook Dropped from Roll of Arctic EI_ub He Founded There has been novf course, was & faki quarrel, there never was any trouble be- tween them about money."” Mrs. Dudley recelved & messcge yesterday, she sald, from Walter Lonsdale, Dr. Cook's secretary, dated Copenhagen, and reading as follows: ‘“Cable Fred's address at once. All fmportant. Must see him now." Mfs. Dudley has not answered the mes- sageé yet because she fears it may be a trap. The doctor has had a disheartening | relapse, she says, and it Is important that his seciusion shall not be disturbed. Snhe ys she Is aware of the doctor's where- abouts, but will not even specify whether he is In this country or abroad. SEATTLE, Wash., Jan. 6.—A. D. Burton, an Alaskan prospector who has just ar- rived from the north and whom Dr. Fred- erick A. Cook, according to a magazin article published some time ago, alleged he rescued from u bear, seid today thag the story was untrue. 1 “The year of Dr. Cook's last trip to| Alaskh I saw Edward Barrill at Seward, and as he was an old friend 1 gave him a photograph of myself,” sald Burton, to- day. “Later 1 had an experience with a bear | that came near ending my life, and I was | chewed up preity severely “1 was greatly surprised/ when the Cook magazine article was published after he | returned to this country, to see in it my | picture and jhe story of my experfence with the bear, Cook told how his party had rescued me from the jaws of death As & matter of fact, Cook was not within | 150 miles of me at thc time the bear and | 1 mixed. In the magazine, also, was a pic- ture of my struggle with the bear, which, the Farnam | hill as long as his wind held out, which | | ana | the tavorable report of Spec! WHY GLAVIS WAS FIRED BY TAFT Attorney General Wickersham's Re- port on Charges Made by the Deposed Land Agent. NO FOUNDATION FOR ALLEGATIONS Inquiry Into Cunningham Cases Show Glavis In Bad. |PINCHOT'S HELP UNNECESSARY Land Office Did Not Need Assistance from Forester. CONCLUSIONS BASED ON RECORD 11 Copy of th torney General Papers and the At- Report Sent to the Congressional Inquiry Committee, WASHINGTON, Jan. 6.—~The record of the Interior department In eonnection with the Cunningham (Alaska) coal land cases was sent to the Investigating committee thip morning and made public in the form of ja report from Attorney General Wicker- sham to the president. The report eon- tatns ol the correspondence and stat ments in connection with the Inquiry ear- ried on by L. R. Glavis for more than two years, and makes a printed document of eighty-five quarto pages. The conclusions of the attorney general, after examining the record and the evidence, transmitted to the president, and by him sent to the com- mittee, are: ““The conclusions which, are very clear are as follows: “First—The insinuations or charges of improper action on the part of Secretary Ballinger, Assistant Secretpry Plerce, Com- missioner Dennett, or Chipt of Field Divi- slon Schwartz are, in my opinion, entirely disproved. So far from taking any action to favor the Cunningham clalmants the {record clearly shows that Secretary Bal- linger was scrupulously careful not in any respect to mot upon these clalms, for tho reason that during the summer of 1%, while he was in no manner connected with the goverrinent, he had been consulted by some of the claimants with respect to tho issuance of patents, and had culled upon Secretary Garfleld for the purpose of as- certaining the attitude of his department thereon. Neither his action nor any of his written or spoken expressions were fa- | vorable 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 un- lawful for Mr. Ballinger to have any pro- fessional relation with these claimants be- | cause of his previous incumbency of the office of commissioner of the land office {18, in my opinion, unsound. = The. sugges- tion is based on section 1%, Unlted States revised statutes, Avhich enacts. “It shall not.be lawful for any person appointed after the first duy of June, ono thousand eight hundred and seventy-two, as an officer, clerk, or employe in any of the departments to act as counsel, attorney, or agent for prosecuting any claim against the United States which was pending in either of sald departments while he was such aficer, clerk, or employe, nor in any mannet, nor by any means, (o ald in the prosecution of any such claim, within two years next after he shall have ceased to be such officer, clerk, or employe. “In the case of W. D. Harlan (17 Land | Dec., 216) Secretary of the Interior Smithi, in a well-reasoned 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 earller deelsion (4 Land Dee,, 179), which gave a wider application to the words, was overruled. In Yeater against Prince (3 Land Dec., 187), this con- struction was adopted and followed by Acting Secrotary Ryan. A similar con- | struction has been given in section 10 of the act of March 3, 4863, now constituting section 3469, Revised Statutes, relating to the assignment ‘of any elalms in favor of the United States,' by Attotney General Edwards (12 Op., 43); and section 5408, Re- vised Statutes, relating to the prosecution of any claim againkt the United States by an officer of the United Sates, etc, ap- pears only to have been applied to the prosecution of money olalms. “Third—The Cunningham locations were made In July and August, 194 Al but three of them procecded to entry prior to May 1, 1507, and the remaining three in { October, 1907, payments aggregating §2,50 belng made and covered into the treasury. “The government has had an abundance of time to Investigate the valldity of these entries. The entrymen are certainly en- titled to know with reasonable promptness the objections to issulng patents on their claims and to have such objections disposed of within a ressonable .time. The atten- tion of the land office was specifically directed to these claims n August, 1507, They were investigated by Agents Love Jones. They were put In Mr. Glavls' hands, together with the investigation of all other Alaska coal land Idcations and entries In January, 1908, He had the bene- fit of the report of Measrs. Love and Jones. All the essential facts relating to the claims secm to have been ascertained by him In the spring of 1%08. Indeed, the clatmants do not nppear to have made any concealment of the facts upon which thelr claims depend. Except durlug a period of in my opinion, ; estabiished by thes: pap:ra | not exceeding two months (April and May, 1906), when proceedings were suspended owing to the exhaustion of the appropria- tion, Glavis had upward of two years in which to complete his Investigations. He was furnished by the iand office with all the assistance which he requested. Al efforts to induce him to bring his investi- gation to a conclusion were met only with requests for further Resistance, coupled with criticisin of his superlor officers, as well as of other speclal agents who had been connected with the cases: and every time the general land office urged a speedy completion of the work—which, it may be observed, was merely preparatory to & trial of the questions involved in the entries, for the purpose of determining whether or not patent should issue—Glavis advanced some more or less #peclous rea- sons why he was not ready to formulate objections and proceed to trial, Instead of hampering or interfering with him, every facllity was given to him by the Interior department, and, with or two immaterial exccptions, every request for assistance was promptly granted. Had the department desired to Jmproperly pass the claims to patent, It might have done in January, 1908, by sinply acting on | Agent Love, Glavis that the claims listed; or, when the field. one without notifying had been clear | work wus redistricted, thewe claims might