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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 7, 1910)
The Omaha Daily Bee f 4 WEATHER FORECAST. For Nebraska Fair. J For Iowa Fair and warmer. For weather report e pag 2 THE OMAHA DEE elan, reliable newspaper that Is admitted to ach and erery homa. VOL. XXXIX NO. 153. OMAHA,. FKIDAY MORNING JANUARY 7, 1010-TEN PAGES. SINGLE COPY TWO CENTS. WHY GLAYIS WAS P1NCH0T WRITES TODOLLIVER Letter from Chief Forester Cauei Seniation on Floor of Senate. WARMLY DEFENDS GLAYIS Hitchcock Says BOTH SIDES ARE STANDING FIRM Mediators Abandon All Attempts to Settle Switchmen's Strike in the Northwest. CHAIRMAN KNAPP'S STATEMENT He iMay Contest Burkett Seat FIREDBY TAFT Attorney General Wickersham's Re L V port on Charges Made by the Deposed Land Agent. Cok n, in Interview, Intimates of Candidacy and L Jl I '1 Tan Won't Run. NO FOUNDATION FOR ALLEGATIONS "o o th L Tb JlI -a asa-. f 1 at. VXj ff fc "'" -i J ml 1 l. a..- fs-k. 1 in A - I If y t ll r i Say He Thinks President Taft Has Been Misled. ACTS OF OWN SUBORDINATES They Violated Rules of Official Cour tesy and Were Reprimanded. PRAISE FOR THEIR MOTIVES He "aye Tkrr Directed Pnallc Auc tion to Attempt to Wrongfully Obtain Coal Lmdt Pnrpoie of Rales of Decorum. WASHINGTON. Jan. . The Ballinger Plnohot controversy va today made doubly intend by the reading in the am ate of a letter addressed by Mr. Ptnchot to Sens tor Dolllver, In which the course adopted by L. H. Glavis, with the assist ance of Messrs, ' Price and Shaw of the bureau of forestry, waa warmly approved In thla communication the chief forester not only upheld the crltclsms of Secretary Ballinger, but suggested that the president himself bad born mistaken In the facta when he removed Mr. Glavis from the pub' lie service. Mr. Plnchot's letter CI11 Senator Hale to his feet with a neve re rebuke to the chief forester for having Ignored a recent order by the president directing that no subordl nate officer ahould give Information con cerning affair of the government except to his superior officers. He also suggested that tne adoption of thla course tended to forestall and prejudice public opinion In re latlon to the Balllnger-Plncjhot 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 waa not made until after considerable discussion of a resolution by Senator Newlands Instruc Ing the committee on public lands to re port within two weeks recommendation for legislation putting Into effect Secre tary Bellinger's recommendations made In his last annual report for, the conservation of national resouroes. The Newlands reso lutlon waa also referred to the committee on publle landa, While the senate waa 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. Stawtlsn In Senate. In the senate Mr. Plnchot's letter caused I genuine sensation. In addressing his let ter to Senator Dolllver, Mr. Pinchot indl sated that it had been written at the re guest of the Iowa senator, but It was ad Ireased to him as chairman of the commit tee ort agriculture, thus making It an of' tidal document He said that Messrs. Trice and Shaw had prepared an official report upon their actions, which he was trans mining to the secretary of agriculture. This, report show that MeTtSrs. Price and Shaw made public certain Information regarding the ao-ralled Cunningham claims for coal lands In Alaska." said Mr. Pln cho. , "The effect of the publication was to direct i critical public attention to the In' terlor .department It shows that . they countenanced the publication by L. It. Olavls of certain facta concerning these claims after he had been dismissed from office and that In other ways they en deavored to direct public attention to the imminent danger that the Alaska coal fields, still In government ownership, might MM forever Into private hands with little or no compensation to the public." This Information, Mr. Pinchot adds, waa of a nature proper to be made public, "un ices the people of the United States are not entitled to know concerning the' source, nature and progress of claims made for portions of tho public lands. "The rumor." h said, "that the Olavls report to the president was prepared In or by the forest' service is Incorrect. At Olavls' request I sent Shaw, aa It .waa proper 1 should, to Chicago to assist him in arranging his material for submission io the president." -wt-r saying that these officials had cted on Information they had concerning the danger of the Ioa of the Alaska coal landa, Mr. Pinchot continued: Saya President la Misled. "Action through the usual official chan nels and finally even an appeal to the president had resulted (because of what I believe to have been a mistaken Impression of the facts) In eliminating from the gov ernment service In the person of Olavls a moat vigorous defender of the people's In terest. Furthermore, the refusal of the aecretary of the Interior to assume respon Iblllty In the cases had left their conduct wholly in the hands of subordinates, each of whom waa apparently Committed In favor of patenting these claims." Price and Shaw, he said, deliberately chose to risk their official positions rather than countenance what they believed to be tha wrongful loss of public property Having violated a rule of propriety as be tween the departments, Mr. Pinchot said they deserved a reprimand and had re ctived one. "But I shall recommend," he added, "without hesitation that no further action In their cases Is required." , Mr. Pinchot said the action of these sub ordlnatea wua most unusual, but suggested that the situation which called It forth was quite aa unusual. "Pflce and bhaw," he said, "successfully directed publio attention to a national dan ger. They Increased the people's Interest In tha people's property and powerfully fostered the desire to conserve U. There Is now far less chance that tha Alaska coal fields will pass Into the hands of fraudulent claimants than there waa be fore they acted." "They acted on Wha they believed to be trustworthy Information. Many considera tions which had not been brought home to tha president's mind, aa appeara from his letter of (September 1 , had weight with them. Farpose of Hales of Deeorasa. "The rules of official 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 tha publio, their purpose la violated and they become worse than useless. Price and Shaw concede that what (Cantlnusd ea feooad Peg-) (Froi r Correspondent.) WASHING C.. Jan. . Special Telegram.) V V . M. Hitchcock be candidate fo. .Ited States senate to succeed Ell, . Jacob Burkett? An answer can be found In Mr." Hitchcock'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 dldate for re-election as representative, or hall become a candidate for the senate." I have been seriously 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 series 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. Bryan will will not run for the senate. They also aver that Governor A. C. Shallenberger will be s candidate for re-election. This practically side-tracks Mayor Dahlman of Omaha who has gubernatorial ambition." As to the rumored conferences held by "leading democrats," under the shadow of the Lincoln state house, Mr. Hitchcock disclaimed any knowledge whatsoever. To the suggestion that Mr. Bryan would not be a candidate he had the "very best of reasons to believe that Mr. Bryan will not he a candidate." Senator Burkett returned tonight from a flying trip to Nebraska "Conditions look promising for my noml nation at the primaries," he said. Will there be an expression for United States senator at the primaries?" he was asked. "Of course there will be; I 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 aa to their choice for United States senator. ."Nebraska Is all right," he continued. "The state never was In better condition and If given a few more years of general rainfall where needed, we will be among the richest, most prosperous and happiest states of the federal union." Speaker Cannon a Firm Believer in Party Caucus Fight Out Differences There, He ,Sayi, and Then Stop Fighting if Beaten,.., . 'i WASHINGTON, Jan. . 6.-8peaker Cannon called at the White House today and had a talk with President Taft. After some coax ing on hla way out tha speaker made a few remarks concerning the doctrine of party regularity. "My teat of regularity In politics, church. finance or family," he said, "la co-operation and harmony. I am a great believer 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 oan'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 hla cause. I haven't much patience with these men who are wiser than all tha 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 out In party ranks and yield If he is beaten, then he had better go out and join the enemy, or better still, form an or- ganaiatlon of his own. But all this Is cheatnutty, boys," con tlnued 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. I am not trying to run his buai ness." Scotch Party to Search for Pole Expedition to Leave in July is As sured hy Aid of the Gov ernment. LONDON, Jan. 6. The Scotch expedi tion in search of the South pole Is now assured, the government having promised today 1100,000 towards the $200,000 which Is the estimated expense. Heretofore the public subscriptions have hung fire, a total only of between $58,000 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 Is little doubt that the reported activity among the American Arctic ex plorers who advocate a south polar ex pedition proved a convincing factor which determined the government to assist Cap tain Herbert F. Scott. Vreeland to Be Hear Admiral. WASHINGTON. D. C, Jan. . President Taft today sent to the seriate the nomina tion of Captain Charles 12. Vreeland of the navy to be a rear aamirai. Policeman Battles With Runaway The fcJO pounds of brawn of William Good, police officer, were pitted against the freniy of a runaway horse In a thrilling struggle on Sixteenth street Thursday morning. For one shuddering moment the crowds that drew cowering back against tha buildings and acurrled from the cross ing at Sixteenth and Harney aaw the brief encounter that meant safety for them. A runaway horse raced up Farnam street from tha east at the limit Of his frightened speed, swerving south on Sixteenth street. As the runaway approached the Senilis hotel it was apparent that a moment more and tha maddened animal would be Into tha throng on the sidewalk. Tha big eroaslng policeman threw dov - He Says Neither Party Was Willing to Make Any Concession. MR. PER HAM TRIES AGAIN Leader of Telegraphers Has Another Talk with Mr. Knapp. WILL STICK, SAYS HAWLEY President of , Switchmen's Union Will Not Call Off Straggle -Proceedings In Chicago Case. WASHINGTON, Jan. 6. the Interstate Ccmmerce commission has abandoned all attempts to mediate in the strike of the switchmen on northwestern roads. The following statement was made publio by Chairman Knapp: "Nothing has resulted from the meetings held with Mr. Perham, president of the Order of Railway Telegraphers and head of the railway branch of the American Federation of Labor, and the mediators heve abandoned any further effort to bring about a settlement of the switchmen's strike In the northwest." This decision was reached at a confer ei.ee late today between the mediators and Mr. Perham. Neither the strikers nor the railroad companies could be induced to yield. . Mr. Perham was keenly disappointed by his failure to bring about a settlement. He had a conference. In the afternoon with Chairman Knapp, but it resulted in nothing. Perham Trlea 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 public. 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 if the mediators could be of service at any time in the future they would be not only willing but glad to act. Mr. Perham said afterwards that while the mediators apparently had abandoned their efforts to bring about an adjustment he proposed to stick to It. He did not disguise his annoyance at the turn the affair had taken, but gave no intimation aa to what he proposed to do. Proceedings In Chicago Case. Proceedings In mediation of the contro versy between the officials of the railways operating out' of Chicago and their switch men will be begun at the offices of the Interstate Commerce commission in this city next Wednesday. The negotiations will be conducted under the Erdman act If 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. Nelll, commissioner of labor, the mediators, from S. E. Heberling, vice president of the Switchmen's Union of North America, and F. O. Meloher, chair man of the general managers' committee of the railways 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 railways. The most serious questions in volved are those concerning wages and houra of labor, and double pay for over lime and Sundaya. Will Stick, Says Hawley. ST. PAUL, Minn., Jan. 6. Tho 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 if he would call off the strike nowUhat a settlement was Impossible, said: "Oh, no, we Intend to stick." Big Fonr 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 Railway Telegraphers and the road offl cials agreed to submit the entire contro versy to arbitration. l 1 WOOL GROWERS AT 0GDEN Annnal Meeting of National Assocla. tlon Beglna 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- inann and Governor Spry. John Hart of Idaho replied on behalf of the convention. The annual address of the president and the western and eastern vice president of the association were then given. Coal Miner Iajared. BOONE, la, Jan. 6. (Special Telegram.) James' Egan was seriously injured thla morning in a coai mine nere wnen a cap rock and coal caved In. He was taken to a hospital and it la not known whether he will recover. Horse and Wins hla gloves and club, and with bare hands extended, leaped for the horse's head. A tne 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 waa all over in a moment and the officer aoon had the tangled strands of traftlo moving again. The horse was led away by the driver, who cama up In his belated pursuit of the runaway. The wreck of hla buggy, broken Into splinters, iuld on- the street, but he hastened away without a word to the of ficer who stopped tha runaway. Tha expreaa wagon, belonging to Frellng n Stelnle, was not roiured- mtm , '-r "Golly! Thia must From the Cleveland Leader. . 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. i (From a Staff Correspondent.) LINCOLN, Jan. 6. (Special.) "In my opinion the prraary law enacted by the last legislature expressly exempts the nomln atlon of candidates for United States sena tor at the primary election to be held in August." Such Is tho 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." 4 ' The section of tile lawibout' which thtsre has been so much dispute reads as fol lows: Section 6854 (primary, when and where held.) There shall be a primary electlor. held at the regular polling place In each, precinct on the third Tuesday tn 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 said day shall be the first day of registration of voters in all cities where registration Is required. There Is no punctuation In the section. Petitions Only Recourse, If 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 thati Is 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 Is no way by which the legialature con be forced to elect the one who receives the plurality of the votes cast. I am In favor of the republican party entirely Ignoring that Oregon plan or voting for senators," said H. C. L'ndsay, clork of the supreme court. "In my opinion it would be a good Idea ror tnf repuoncnn state committee to have an early meeting and go on record urging candidates for the legislature on the republican ticket to ignore that law. The law itself Is not compulsory, so 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 legislature to refuse to pledge themselves to vote for any demo crat for United States senator. No member of the legislature can legally (Contlnud 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 automobile overhauling and painting. There are also many opportuni ties to purchase a good used car cheap under thla popular claaslfica tlon. Hare you read the Want Ada today? be the old girl grandad is always North 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. Iddings, was being unlawfully detained from her by her rela tive In Warren, O., Mrs. Effie 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, hi the Iddings home In Warren. Frank A., William T. and Elizabeth Iddings are made tha de fendants.' The Iddings, wlio are welt to do, have been married for some years. The alleged desire of his relatives to treat his ailments by a system of non-medloal treatment Is given 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. . 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 tha 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 ana 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 erai snots at Korn.; one of which pene trated his neck, Inflicting a wound from which It Is said he may die. Dr. Cook Dropped from Roll of Arctic Club He Founded NEW YORK, Jan. 6.-fhe Arctlo club, of America founded by Dr. Frederick A. Cock and his supporters In the North pole controversy through its board of directors has dropped the name of tha explorer from Its roll of membership. The action of the Arctic club directors last night was unanimous and followed lard on the heels of the explorer's sum mary dismissal from the council of the litooklyn Institute of Arts and Sciences two days ago and strlpa from the explorer almost the last vestige of scientific honors, only the degree of doctor of philosophy, corf erred by the University of Copenhagen, remaining. The Arctlo club of America led In the welcome festivities to Dr. Cook on his return from Greenland and Copenhagen. Later tha club tendered Dr. Cook, a former president of the organisation, a banquet at the Waldorf-Astoria, while many of its Individual members, Including Admiral Schley and Captain Osborn, warmly cham pioned the cause of Cook, when his now discredited polar claim was challenged. Another member of the Cook family thla time Mrs. Josephine Dudley, a sister of the discredited explorer's wife made a statement last night. Mrs. Dudley says Dr. Cook Is 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. Mra. Cook is at her husband's aide. She loves him and trusts him. There has been telling about." 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 sdtnersaults. At (5 o'clock the temperature was 6 below, at 7 o'clock S below, then at 8 o'clock the mercury had dropped to 10 below. There It lingered until at o'olock It was 9 below, and then It made a more radical Jump up than It had made down, leaping back to even 0. "These sudden fluctuations of tempera ture, while peculiar, are not unusual," says Weather Forecaster Welsh. "The peculiarity lies In the fact that there was a distinct rise In I temperature between t and' 7 o'clock, and then the sudden fall. It waa due to the Intervening of a slight warm wave between 8 and 7." Most' people whose 'lot in life is to ride to their places of businss had occasion to realize is keenly as they could that it was a cold morning. Cars, though persist ing in their valiant fight against mo 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 sto'od at Twenty-ninth and Farnam perhaps had stood there for ten or fifteen minutes, for cars were scarce and pres ently a big car whisked by. As it ap proached him he began waving his arms for it to stop, but U stoppea not. Seeing It defy him, the little fat man took after the car and chafed It up the Farnam hill as long as his wind held out, which was not long. Things he Bald, but thuy were lost on the smoky air In the dis tance. It was a smoky air that shot into the lungs of Omaha people as they nenred the downtown districts, air laden evidently with that part of the coal which furnaces (Continued on Second Page.) FOUNDER OF D. A. R. IS DEAD: Mrs. Flora Adams Darllnar 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 1S12, died Suddenly here today from apoplexy at the home of her brother, John gulncy Adams. She was 70 years oid. quarrel, there never was any trouble be tween them about money." Mrs. Dudley received a message yesterday, she said, from Walter Lonsdale, Dr. Cook'a secretary, dated Copenhagen, and reading aa follows: "Cable Fred's address at once. All Important. Must see him now." Mrs. Dudley has not answered the mes sage yet because she fears It may be a trap. The doctor has had a disheartening relapse, she says, and it is important that his seclusion shall not be disturbed. She says 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 magazine article published some time ago, alleged he rescued from a bear, auld today thu( the story was untrue. "The year of Dr. Cook's last trip to Alaska I saw Edward Marrill at Seward, and aa he waa an old friend I gave him a photograph of myself," said Burton, to day. "Later I had an experience with a bear that came near ending my life, and I was chewed up pretty severely. "I was greatly surprised' when the Cook magazine article waa published after he returned to this country, to see In It my picture and Jhe story of my experience with the bear. Cook told how hl.i party had rescued me from th Jaws of death. As a matter of fact. Cook was not within IM miles of uie at tiiu, time the bear and I mixed. In the magazine, also, waa a pic ture of my atruggle with the bear, which. nouf course, waa a fake." Inquiry Into Cunningham Cases Show Glavis In Bad. PINCHOT'S HELP UNNECESSARY Land Office Did Not Need Assistance from Forester. CONCLUSIONS BASED ON RECORD Fall Copy of the Papers and the At torney General's Report Bent to the Congressional Inquiry Committee. WASHINGTON, Jan. 6. The record of tho Interior department In connection with the Cunningham (Alaska) coal land cares was sent to the Investigating committee this morning and made public In thr form of a report from Attorney General Wlcker- snam to tne presiaeni. jut reiiui cm tains ull the correspondence and state ments In connection wltli the Inquiry car ried on by L. 11. Olavls for more than two years, and makes a printed document of elghty-flve quarto pages. The conclusion of the attorney general, after examining the record and tho evidence, transmitted to the president, and by him sent to the com mittee, are: "The conclusions which, in my opinion, are very clearly established by thesi papers are as follows: "First Tho insinuations or charges of Improper action on the part of Secretary Ballinger, Assistant Secretary PL-rce, Com missioner Dennett, or Chitf of Field Divi sion Schwartz are, in my opinion, entirely disproved. So far from taking any action to favor the Cunningham claimants the reoord clearly shows that Secretary Bal linger was scrupulously careful not in any renpect to act upon these claims, for tho reason that during the summer of 1908, while he was in no manner connected with the govern nent, he had been consulted by some of the claimants with rcxpect to thq.J Issuance of patents, and had called upon Secretary Garfield for the purpose of as certaining the attitude of his department thereon. Neither his action nor any of his written or spoken expresslona 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. Balllngur to hmvo any pro fessional relation with these claimants be cause of his previous Incumbency of the office , of commiisloner of the land office ts. In my opinion; unsound. The . sugges tion Is based on 'section 190, United Htute revised statutes, Which enacts: "It shall not be lawful for any person appointed after the first day of June, ono thousand eight hundred and seventy-two, as an officer, clerk, or employe In any of tho departments to act as counsel, attorney, or agnt for prosecuting any claim against the United States which was pending In either of said departments while he was such nflcer, clerk, or employe, nor In any manne.- nor by any means, to aid In tho prosecution of any such claim, within two years next after he shall have ceaaed to be such officer, clerk, or employe. "In the case of W. D. Harlan (17 Land Dec, 210) Secretary of the Interior Smith, 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 earlier decision (4 Land Dec, 179), which gave a wider application to the words, was overruled. In Yeater against Prince (33 Land Dec, 137), thla con struction waa adopted and followed by Acting Secretary Ryan. A similar con struction has been given In section 10 of the act of March 8, 3.8133, now constituting section 3469, Revised Statutes, relating to the assignment "of any claims in favor of the United States,' by Attorney General Edwards (12 Op., 643); and section 6438, Re vised Statutes, relating to the prosecution of any claim Hgalnst the United States by an officer of the United Bat.s, etc., ap peara only to have been applied to the prosecution of money claims. "Third The Cunningham locations were made In July and August, 1904. All but three of them proceeded to entry prior to May 1, 1907, and the remaining three In October, 1907, paymenta aggregating 12.800 being made and covered Into the treasury. "The government has had an abundance of time to Investigate the validity of these entries. The entrymen are certainly en titled to know with reasonable promptness the objections to Issuing patents on their claims and to have) such objections disposed of within a reasonable .time. The atten tion of the land office was specifically directed to these claims In August, 1907. They were Investigated by Agents Love and Jones. They were put In Mr. Glavis' hand3, together with the Investigation of all other Alaxka coal land Ideations and entries in January, 190R. He had the bene fit of the report of Messrs. Love and Jones. All the essential facta relating to the claims spem to have been ascertained by hlin In the spring of 1908. Indeed, the claimants do not appear to have made any concealment of the facta upon which their claims depend. Except during a period of not exceeding two months (April and May, llH), when proceedings were suspended owing to the exhaustion of tha appropria tion, Glavis had upward of two years In which to complete his investigations. He was furnished by the land office with all the assistance which he requested. All efforts to Induce him to bring his Invextl gation to a i-onrluslon were met only with requests for further assistance, coupled with criticism of his superior officers, as well as of other special agents who had been connected with the cases; and every time the general land office urged a r.peedy completion of the work which, It may be observed, was merely preparatory to a trial of the questions Involved In the entries, for the purpose of determining whether or not patent should issue Olavls advanced some more or less specious rea sons why he was not ready to formulate objections and proceed to trial. Instead of hampering or .interfering with him, every facility was given to him by the Interior department, and, with one or two Immaterial exceptions, every request for arslutance was promptly granted. Had the department desired to Improperly pass the claims to patent. It might have done so in January, 190X. by simply acting on the favorable report of Special Agent Love, without notifying Glavis that the claim, had been clear listed; or, when the fluid work was redlstiicted, these claims might