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The Seattle star. (Seattle, Wash.) 1899-1947, November 09, 1909, Home Edition, Image 7

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn87093407/1909-11-09/ed-1/seq-7/

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1 .SHO* *C not bona fide. My report .if tins matter
mmmmmw^^LA C&** «'*,* d lh** on* eUl",*,,t had fo'use^ me an affidavit
m' tinted that one claimant had refuse^ me sn sffldsvlt
l" *\.,. Mr, Ballinger himself had told some of the claimants
w" ' tgl*«*»"» until the charges *«» made. IN ORDER THAT
***** " beUevs'thl* 'atatsmsnl. Mr. Ballinger never commented to
m .. aft MUSVe
WT *»t*■***« of my report.
•■•"kLajber. 190*. I »'** r3***-'-* to Washington, and Mi Hallinger
M. h* wa» * frl. *•' of many ot the claimants, Inn that 1 wa*
I li* w « ahead and Investigate all these claims, no matt.'i
r*^^._\l. He then put mo lv charge of the tin, si igsiiou of
B_*g,i)*»»* ***** *■*•-■**
Bt** j _tf*ry 7. tSOS, ten days ttter\-,Ani*. Mr. Dennett, aatldant
I ijj^_»;' notified me. d* investigator of the whole field, that
I fSSsthw" lm* had been approved for patent on the Love
I '*_-%. caaatotham clalim had then none to patent 6.000 acres of
I _»ii_r«ataiiilng. according to Mr. Cunningham's expert. 91,000,000
' 'ata** would h*TO gone to the Cunningham group without
ftft li*ie*tl«»«*« ,n When the Cunningham claim were ordered
**",^jst», B»m»** and hi* assistants must have known the sue*
>__^tmw*tt'* of Ihexe claim*.
mtt*tt -oi ff*l "■"•* 1 •**■* *■■'' w,*h in protest to Secretary
,jL,h.i*rfer Garfield sisulnst tho action of tho commissioner, antl I
net git* -*• *** 5,01W ***** °' C°*' lands °to „u> Cunn- **m
S"tiii!Wli«<' tbe claim* fraudulent
Immediately, by telegram ami letter, direct to Com
___ar Balllßger, ******** the Issuance "' the patents. The order
mtm the Cunningham claim* to patent was almost Immediately
,_j rt March l. 1908, - again took up the work on these
trier ot Mr. Dennett, by telegram and letter. I was taken
iAt Marts curt In Mar, l»t>s and ordered on other work. The
k ■ i!r*s •-* '■*** sction mm* lack " fund*. 1 reported by telegram
t*fcr of the Investigation would greatly lessen the government
m w wenre eridet.ee.
ft kßiager retired as commissioner at the land office In March,
m f . few day* before, while still an officer of ths United States,
_ i»«>*f*r appeared before the house committee on public lands
it* if th* Cal* bill, then pending. In the our*.* of bis statement,
A** '■ -J , -:
,-.-.'• * the last section of the bill provide* for a consolidation
„,-ffls entries snd doe* not call for th* proof of good faith of the
aM*m\'ath or location, there arc a great many charges pending
_tm*mm> ol >h« original entries In Alaska. At the time these'
*__•!*« located, corporations were organised. The men bad really,
jig***, of taking advantage of these coal measures. It resulted
i .1 iitHag Involved In conditions which, upon the records of the
iS5»7«e m Uchnleal violation of tb* statute, and It ts a situation
m ifemSd be cleared up In my estimation It ha* not been the
iinet the people In th. field r.or In Alaaka to put themselve* In i
WXtj to tie laws, but they bare been In a position where they
a >*, by virtue of the circumstances, accommodate thrtnaetvea to
I Si**, and *ius ithis I**' provision they could transmute their
Sat «atrie« into tbe form suggested by this bill, and tbns« new
grit would be '.reeled as primary entries. In other words, tt would
sis than ..vnmeat of the old condltlona which have made a great
hi. of difficulty hi the matter of the disposition of the land In many
i&ac**"'"/ '
f When Mr.* Bellinger nude this statement (before the committee
ppibi'-c land* I he »a* erghiy » change In the law by which fraudulent
mem would be 1 mad* valid— by which ' the Cunningham group and
ml***** claim* would have received patent* to practically 100,000
. am i Alaska coal fields
MM* short time after be resigned, Mr. Hallinger became at
•no bf the Cunningham . group .of claim*.
Hot sag at that lime, aad now l», la force, a statute of the
list _**«*' which ■ says . l£__Jk*s__\\_ma^
It ibafl not bo lawful for any person appointed after the first
a d it** 1*72. as an officer, clerk, or employe In any of tbe
I §£»». to act as counsel, attorney, or a sent for prosecuting
r*j"iW*i': against the United State* which was ponding In either
Ntgmniiiili while he was such an officer, clerk, or employe,
VBtty manner, nor by any means, to aid In the prosecution '■■
P^K\m»\*L. Nor.*, I Thou
m ■». «U.-i*dlnc (or Otter
*r. » 100-foot lay dlecoV' '
tag bTfI«,MO tttla week. ><>
pa Cleanse good at Idltarod.
•mtm,,-. K i Uf
hwwieia, i ofti*. Sore Tbroet, f
A A Lea j Trouble, Uearya Com .
tarn. KM inaat*>a •••
•mrayat c^.-M* .; ■ ' '■ I
Wn. . •;>-. .
at half price;
mf payment-, without
,lVr,*T*"- " ''ml 1
foe Piano Co.
HO6 First Aye.
Marks of Age
ffiJWnn's Natural
Method of Painlc.
j f*cial Restoration.
ft*.i«J'Kf snd5 nd "■•*• -a no
j 1111 hay. a
S tr«ffl ,7i.,r r «»Pr*««l»e fare
_W^i___?f« 1.« Unee
J_* I'm-
S"*«*»ii4lh^^'",ilon of ,h»
nNmL?» "*»"". th. akin.
&«« airfT^ 1'^1-'' *n •"''l r«r
.. A AAt efij , r .
H '«TiT'JLL'"*- "«ture hn no
\_*m\\_y a___*° tmitia
lata . " %!*•* •#■ Vr.
I*" I**, ____*."' .*.*
_^» beta Wm.la. nO,« ""»•.
**~ r'#*4r^,.V otch '"'
j -.'T^'ltMi
I -vi u 1» in......
fte^o 604
of un such claim, within two years next after ho ■ball have
ce.*od -•' ■<>■ "ii. officer, clerk, or employs."
Of Hint employment. President Tuft has «nld:
"In thn Interval, when -oil „,,„ not holding such office, l.tll'
of the • ma.Bgt.sai sag] claimants consulted you In >,;. mi 1,, the
prospect of securing a patent upon the claims, nnd Invited your at
tentlon to the character of certain evidence which was being
used to Impeach Hi" Validity of ||„. claims by Speelal Agent (llnvls.
\ou accepted il"' employment; visited Secretary Uarfleld and Com.
mlssloner Dennett: presented the question In them hi respect to which
to* hsd been consulted; found that there was no probability of.
securing a patent of the claims wi11,,,,, presenting Hum under '
"'" remedial legislation Imposing conditions which the claim
ants wero either unwilling or unable to til. .-( You nil advised your
clients. To pay your traveling expenses and fur your services
lull received $_„(! and no more.
"Tho Inference which Mr. Clnvls geeks to have drawn to
your discredit In this connection i* that you, while commissioner
of the general land office, .sine Into possession of facta concerning
tho ao culled Cunningham group of ■*„«! land claims, which made
It ii.ii.i- for you to use such facta after your resignation In
"' couraoof securing ih.- patents. I find the feet to be that, a*
commissioner, you acquired no knowledge In respect to Ihe claims
except that of the most formal character, and nothing which was
not properly known to your clients when they consulted you."
I do not quite understand lh.. president's statement 'hat Mr.
"*'""' had only 'he most "formal knowledge" of ii,. Cunningham
cases Mr. Ballinger had all ths knowledge anybody In Ihe department
had, becsuss Special Agent Jonee and I told him all we knew. Mr.
Ballinger knew that he had revoked the order to patent Mr. Cunning
ham's claims on account ef my protest that I believed they were not
bona fide entries.
I do not understand why the president puts so much slresa on
th.- fact that Mr. Hallinger' received only |_.o for services and lhe
expenses of a trip from Seattle to Ohio slid Washington.
Even If that ho credible, Mr. Balllnoer waa thsn attorney for other
Alaska coal claimants, snd according to sworn information mads to
me In tho count of my Inveetlgatlon, for at least one congressman
Interested In Alaska coal lands. *
In October. IMB, I ws* directed to continue Investigation* of lhe
Alaaka coal land i*a»<*s. until March. 1909.
In March. 1909, Mr. Hallinger became secretary of th* Interior.
succeeding Hon. JtaM ■- Hatfield On March 10 (six days after Mr.
Ballinger took office) I received a telegram from Mr. Dennett, then
commissi..,,, i of the general land office, directing me to submit at
once complete reports upon the ststus of my investigation of lhe
Alaska coal cases. On April 21. 1909. I received a telegram from
the general land office, saying that ths Alsska coal Investigation must
be completed within SO days.
The chief of field service and I had agreed that a field examination
of the Alaska coal land* tn question was necessary to show whether the
i claims In the various groups were being developed separately or to
gether. If worked together, that would bo highly Indicative that the
oniric* w ere made with that Intent Such Investigation could take"
place only In summer. I therefore protested repeatedly to the land
office that the cases should be postponed until fall.
In May. 1909. ! came on to Washington, and consulted wltb Secre
tary Hallinger, Land Commissioner Dennett, and the chief of the field
service. A question came up of a siaiute or 190$, allowing consolida
! tion of Alaska coat entries to the amount of 1.860 acres whirr the
original entries were made by the "entrymen in good faith" and in
their own Interest.
Mr Sehwarl* ami l contended that this act did not have the effect
j of validating fraudulent entries previously made, and pointed out that
if It did, the government must lose all the Alaska coal casta Mr.
Dennett espreeeed the contrary view. Mr. Bchwartt and I, by direc
tion of Mr. Bellinger, drew up a letter submitting this question to the
attorney-general. This letter summarized th* evidence I had secured
in those cases of conspiracies to defraud the government.
On May 11 or 19 I was a«ot for by Asatstaat Secretary Pierce of
the Interior department Mr. Pierce informed me that Mr. Bslllngee
did not wish to have anything mere to do with the cases on account
of his employment as attorney for the Cunninghams; thst the question
of law wss not to be submitted to the attorney-general; that tha opinion
waa going to be written by . the Interior department, and he referred
! mo to the legal department of the Interior department.
!". I". Kinney, who had been made assistant to the secretary by Mr
\ Hallinger. and K. W. Clements of the legal department of the Interior de
partment, were drawing up a decision conforming to Mr Dennett's view
that under the new law the former fraudulent entries could be made good
j and consolidated. My opinion was aakad. and I said that tha law only
Insure Your Life /<SSS^X
aW m^^m.*, Att^^ ~ a\9K^
mW *y**a^*Ma\t A**r _W ▼_*!_.
and you will feel that you arc a better man than before* w €Sa mtr jaßfcfcu A.
You can look the world in the face, knowing that what- / _W# M £.v^j,--ss. \.Q_-. \
ever may happen, your home, your wife, your family, / / j|^B^^_^^^__^j|||^- ll \ V
will lie cared for. / / /ffllivSnbflrwß ■ 1
When you are insured — if you have capital, and want I I IflfewU^JlttfJ Ri 9 1
to invest it in your business you tan do it with thr | 8 MraVflfWrH ?*j
k assurance that there will be the Life Insurance money 1 I » VSr9!7TE9fM V '
left to your family, if you should not live. I 1 A l7BBl)BBBll V I
When you sec a Prudential Agent, hear his story,sign \ ,\ _^P^^^#rtiJ^'^jjP^_l^^?y fN I
ommma^mmr**9^^ mmm*mmtZaAAmmma*\*^mWJi waMW^w^KSjA^^Ln *mw/Si *aM*a*mtm* \a\\W A*W
I le _• I I il^'^mmamT^' mYn*mm\aTtt\ i itrMrffl^BTr "TW H^iy AT
the application and thus \*^ X. _JS^^tlmm^^_^:„ f. IreWßy ***%*. M
Demonstrate to Your Family that N^^^^^^^^Oj/
Your Love for Them is Sincere 1, SO^*_Z**^
_ M l^ iaHaMa _______________BBIHIIBMHHBBBBBBta*HMBBHMMHieai*BM^^ '"■ —ci ■■urn iiiwiiubbib-i
The Prudential has Paid Over 1,180,000 Claims
Hi Bn> 11 111111111 nn lulu ri —nn-i iT"*Tm *~ "*^ mAmaoimmamA*mtmsmmAiwß«mwrm*mi**M
______ ' — ' . ——^a^^——~——~—
Ordinary and I ***** Jfc A*tm*a** awa*ttmamm *am awa* ommaM •*l«'*e""aaa __ *^^™^ *w ■ *mr mm ■•■■'■■■■•aa**^'** I eanvassintl In .Li. v ldn
lodu^rt.l p,,,,^. I lacorporaletl -* a Sled. Company by lh. Stale of New Jersey I j. , _
Aue. Ito 70. JOHN F. DRYDEN, President HOME OFFICE. NEWARK. N. J. vital .nry to tell of hoJT
b!aLl JOHN F. DRYDEN. Frea.dent HOME OFFICE. NEWARK, N. J. Life Insurance has saved
'? iSS s,sto Agents Wanted to write Industrial and Ordinary Life Insurance «_._» -*.•**!"* *
SIOU.UW. fc» * H7B children. Lit ih«*m iirll
V' •• I ; Good Income— Promotion—Best Opportunities Now! I "'oyo''' imm
mmmm' ~~ ',■:*..• . r BRANCH OFFICES IN SEATTLE.
S * G. M. Swartzbaugh, Supt./ ORDINARY DEFT. Co. Bldg. M ORDINARY ? E ,T. n ,,
G. M. Swartzbaugh, Supt., Northern Bank & Trust Co. Bldg. v „?...„* n , dv
.- E. J. Rohrbach, Supt.. Lumber Exchange Bl,lg. ,L, .'„ „ M' E. Avitt, M *r- Central Bld S'
allowed bona fids cntrfes to consolidate, snd that I did not see how
they could get around that.
On the following day Mr. Dennett, In a convocation, told ms to
make my report* In conformity to hie d*cl*lon, and at my -request a
l»U*r was Bent to ms on May 24, directing me so to report.
(Claris then 1.11, of il,, reference of Ilu. cases to Assistant Herri*
tiitv Pierce of ii,,. department of the Interior, who ruled thai Hie t.i,)..
tions were toehiilinl and .iiCiiiii be disregarded Hi said thai a refusal
to allow the claims 1,, 1,. i,ii,, i, by tho Cunningham people was un-
•oilwas then ii, a very difficult position i knew what the law whs,
"'' ray superiors were against me. If I accepted their ruling, 100,000
»cr*» of Alaaka coal land* were dipping from th* United State* with
no hop* of recovery -nml wot* Bated to elalmants, many of whom
WOtO fraudulent. Th* chance for the wise regulation of Alatka coal
land, urged by President Roosevelt would be gone. ;>£
Without consulting with ray superiors, I went to AttortieyOencral
Wlckershaa and stated ii"- antler to him. I underatand that ho asked
Mr. liniiin.er to refer the matter lo him. Mr. Ballinger requested me
to withdraw my report, which showed that If the Pierce decision waa
correct the government had no ground to object to any of the Alasks
claims. 1 withdrew that report.
Ten days later tbo attorney general delivered an opinion on the
questional Is long, and I shall not quote It, Suffice It to say It over
ruled th* Pierce decision on every point, upheld my contention, and
savtd th* Alsaka coal case*.
One other tact arose on my visit to Washington (and of this
l have no documentary evidence).
In my conference with Mr. Ballinger, I staled to him that I was
going to see one of the congressmen, regarding whose participation In
th* Alasks coal case* I had sworn testimony. HE REPLIED THAT
GATION, In consequence, after consultation with other government
official*. I decided net to see any congresimsn; but I afterward found
outfrom sworn testimony obtained by me and now in th* land office—
i'ilavls here continues bis story of his fight to get the cases con
tlnund till he could set a field etamlnatlon; of th" flat order from abovo
that the bearings must go ahead at once; of the appointment of Agent
Bberidan to assist him, and then, a* ho sllll protested, lo supersede him;
snd of his final appeal to MM department of agriculture, which finally
j brought the desired postponement of tbe hearings. Oalvla then quotes
from OMmlssloner Dennett to the chief of the field *OtO*m\ as follows:)
"Sheridan has none over lhe cases thoroughly and thinks hist the
evidence which It la Imped in gain from Kennedy'a visit to Alaska will
| be very material, and therefore It la best to postpone until October
16 1 have concurred, anticipating your acquiescence by the character
of your telegram lv me. The forestry can be blamed for the action
in th* matter. see
"Sheridan has taken liars,'- of tin Cunningham rase, and Impresses
me very favorably. I think he can handle it against any rival '),.•> may
bring against biro The rest of the Alaska rases an- in a bad moss.
Glavia I* very much enthused on the proposition of canceling them all
and getting th* land back in cold storage, and this is just what will
happen unlet* congrett helps out,"
In another tetter to the chief of the field service, Mr. Dennett wrote:
"Glavl* hss thc*e cost cases on the brain and can not see anything but
Jutt on* line. I have told him hew it loo*-* to us, snd hsve reminded him
of everything we hsvs done for him, snd It looks ss If he were returning
our favor* by net standing by us as he ought."
It was at this time that I laid the fa. la In my possession regarding
the Cunningham ease* before tbe president. The president lis* chosen
ito ir.«t my report as a charge of criminality. I made no such charge,
' nut 'do I make It now.
"l"h« president's letter I* a defense of Mr. Ilalllnger and Mr. Dennett
from charges not made in my report to him. I was not Investigating
either Mr Ballliig.r or Mr Dennett, but the Alasks coal cases.
. .. Bscsut* I knew that the** casts were to come before Mr. Dennett
; 'and that there wss no apptal from hi* dsclsion *aye to Secretary Bali>n
gee, becaue* Secretary Bail.nger had «t*t*d he would not act in the**
esse, end becsus* the nest ranking officer of the department waa Attn!
ant Secretary Pierce, who had *lgn*d the decision which Mr. Wicker*
shim had overruled. I believed the Alaika coal cat** were In danger.
The president baa seen In Mils nothing but nverseul and insubordination
on my part, and an opportunity to praise the secretary of the Interior.
I hate not been Informed what answer the department of the Interior
has made to my statement but the public will judge whether I am right
in thinking the Alaska coal claims are still In danger.'
(lie I ..Ileal I'rrss.)
BERKELEY. Oal, Nov. 9.—l^-o
Wostcott, U. of 0. freshman, I*
back bucking Into hi.. neglected
philosophy and his history.
iii li not going to marry pretty
lviii.* Bui ke, the actress.
H. Is not going to marry pretty
Mildred Rartlett, Hillle's niece.
li.- Isn't going to marry anybody.
Ua defiles it. mill- lim li- denies it.
Mildred denies it
'Nother ease of "tli- man who
thought She meant It"—that Is th
insiii.- story of tin- eaa., according
to tho peopl.t who are closest to
Hi- ilu cc . 01 I- ied drama.
mill" Burke smiled, and Mildred
soiled snd ijoo Westrott, fresh
man, foolish, as all freshman are- J
thought he bad made a conquest—
or two conquests, It would simply
bo a case of looking over th- field
carefully and deciding which.
So 1,, orders out his big touring
ear and he waits nightly smiling at
tho atage entrance, and he plan*
little supper, st his frst house,
has come forth with a clean bill of
character. The father. I. Janson,
has been shown unclean In words
snd thought, obscene In Inclina
tion ami rebellious to the general
laws of society In mutter* of matri
mony. He haa stiffen-,! eoverely
st the hands of witnesses.
The mother of the boy has had
her paat raked over, a marriage
previous to that with Dr. Janson
brought out, the fact that she left
,i. husband and a flvo-year-old eon
for l»r. Janson, sad not the least of
her trials has been tbe opening of
her eyea to the career of her pres
ent husband, Charles K. George.
Laid Bars Her Past.
The present Mrs. Jsnson, former
actress affinity, came Into court In
I behalf of ber husband and laid tare
ber past life, for seven years the
affinity of a married msn, to whom
| she bore a son She haa beard
herself denounced as all that i*
vile In womankind, and did It that
her husband should gain possession
of bis aon by another woman.
Charles K. tteort. also mapped
out a devious nail from Canada to
A resolution memorializing the
United States congress and the
sccretsry of the Interior for more
liberal laws and restrictions In the
patenting of coal 'and* In Alaska
was presented to the Seattle Cham
ber of Commerce at Its meeting
this afternoon.
The resolutions were originally
adopted by the Chamber of Com
merce. The resolutions tell of the
need for and the possibilities of the
development of Alaskan coal lands,
and end with the following:
"Be It resolved, by thp Cordova
Chamber of Commerce, that we re
spectfully ask congress to pass
such laws, and the department of
the Interior to make such rules, aa
wtil encourage the development
and patenting of the coal tends of
81111. Burke to Stricken Frethmsn.
where be proudly exhibits his con
quests to his envious frill brothers,
and he buys wine ...id flower* and
Jewels—and when 111.- show moves
north —why so does I,eo.
And i..0 meani It nil the time
Hut Illilli) and Mildred—
"Why, it's foolish, little hoy.
You're ■ nice kid, and we like you,
and hope yon do well, and Mint
day you'll find some nice girl you'll
marry and be very happy with, and
you mustn't feel badly now because
It weal do at all, and after awhile
you'll realize It yours«lf—" and all
that kind t,r stuff.
And Ijh> Wostcott 800. home,
Millie Ilurke ha* had noblemen
and men of long lineage and long
purses follow her train —she has
been I relgnnlg beauty in London -
■tie know the game of hearts—abe
Ik sorry for thl* poor kid, but it
would never da, you know.
Ho that's all—except 1.-n West
'on with a wet towel over his bead,
hunting for forgetfulnei* In bis
Mleteche .nd his Macauley.
Mexico, a Journalistic le
gal adventurer, in two bank fail
ures, briefly In one penitentiary, a
little longer In a federal house of
detention, marriages, children, com
mon law wives. '„,,•.. gave him
self it reputation that no man could
Im proud of, and as a result will
lose his present wife, Mrs. Janson-
Ocorge, and bis law partner, Attor
ney Uarretaon, who Is attorney for
Mra. Oeorge, Oeorge's own testi
mony has brought loss to him on all
sldea, and yet he 'lit! it that his
wife might bare her desire—her
George Will Give Up Much.
Oeorgo ■MB went farther Yes
terday afternoon he address.*.! Ik.
court sad announced his willing
ness to relinquish Mrs. George,
should the court desire to make
that a condition of Mrs. George hay-
Ing her child.
Iloth parties to the case have
laid their naked reputations before
Judge Prater, to his evident dis
taste and quite possible conviction
that be will decide that neither
father mat mother Is a fit person
to have the boy. The case will
probably be concluded today.
till lall«* l-r*~.)
NOME, Alaska, Nov, ».—The
worst storm since 1900 Is ( raging
here today. The water front Is
wrecked. A number of small boats
are aground.
The York la wrecked at V'nalak
like; the Mary Sachs Is aground In
the safe, river and the Wilkes In
ths Tlehow river.
Your xVeroes
four < nerves must be fed with pure,
rich blood, or there will be trouble.
Poorly fed nerves are wesk nerves;
md weak nerve* mesn-nervousness,
neurslgis, headaches, debility. Wesk
nerves need good food, fresh sir,
snd Ayer's non-slcoholic Ssrssparill*.
Make no mistake sbout this.
At . vpur doctor 1/ alcoholic ttlmulanl, ate not
aflttt erry Jitattrout what firm to nertvat
eoopta. H. Mill tell yoo toky. __*_.£(•_£__

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