The Omaha Daily Bee
NEWS SECTION
WEATHER FORECAST.
For Nebraska Fair and warmer
For Iowa Partly cloudy; warmer.
For weather repot see pago 2.
PACLS 1 TO 10.
VOL. XXXIX-NO. 154.
OMAHA, SATURDAY MORNING, JANUARY 8, 1910 TWENTY PAGES.
SINGLE COPY TAVO CENTS.
TRUST PROGRAM
ISOUTLINED
1 President Sends Special Message to
Congress Advocating Addi
tional Legislation.
SUPERVISION OF STOCK ISSUES
All Certificates Should Represent
Cash or Its Equivalent.
OPPORTUNITY FOR COMBINATION
Big Corporations Should Be Given
Chance to Change Methods.
Dartmouth's New
HOUSE AMENDS
THE RESOLUTION
PRESIDENT TAFT
FIRESl'lNCHOT
President Will
Speakin Omaha
Members of Joint Committee
to
Chief Forester is Removed from
Investigate Interior Depart
ment to Be Elected.
Office by Secretary Wilson
at His Direction.
Dr. Ernest Fox Nichols to Be Guest of
Local Alumni Wednesday
Evening.
MAJORITY OF FOUR VOTES
LETTER
EXPLAINS
ACTION
8 HERMAN LAW IS TO STAND
Present Act to Be Supplemented by
M ensure for Federal Incorpora
tion of Large Interstate
Companies.
The fall test of the president's message
will be found on pages 11 and 13.
WASHINGTON, Jan. 7. President Taft's
special message to congress recommending
amendments to the Interstate commerce
and the anti-trust laws was laid before
itha house of representatives today.
- The reading of the document was begun
Without delay and members on both the
republican and democratic sides followed
the clerk closely. Unusual quiet prevailed
during the reading.
Representative Townsend of Michigan
who was among the most attentive listen
ers, was understood to have in his pos
session the administration bill amending
the interstate commerce law In accordance
with the recommendations of the president
This wilt be Introduced next Monday.
The message was referred to the appro
priate committee.
The message followed closely the fore
casts that have been made torn lime to
time and In the suggested legislation an
to railroads embodies all of the sugges
tions that the president has made frjin
time to time in his speeches on the sub
ject. No Chan are In Sherman Law.
Mr. Taft suggests no changes in tho
" Sherman aatl-trust law at this time. The
anti-trust feature of the message deals
solely with the subject of federal charters
The president thinks that an opportunity
should be given the big Industrial combina
tions to ' bring their business once mjre
Into the "zone of lawfulness" by taking
out a federal charter under certain pre
scribed conditions before It becomes necs
sury to proceed against every corporation
about which there Is a breath of suspicion.
"It Is the duty and the purpose of the
executive," says the message, "to direct
an Investigation by the Department of
Justice, through the grand Jury or other
wise, into the history, organtiatlon ?nd
purpose of all . the Industrial companies
with respect to which there is any reason
able ground for suspicion that they nave
been organised for a purpose and are -on
ducting business on a plan which is In
Violation of the anti-trust law.
Effects of Wholesale Proseeatlon
Such a wholesale investigation and p-ifc-1
slble prosecution, the president points out.
however, would result In. serious disturb
ances and "produoe a halt in our present
prosperity that will cause suffering a.id
Strained circumstances among the Inno
cent, many for the faults of the guilty
few.
The question which I wish this message
to bring clearly to' the consideration and
discussion of congress is whether In order
to avoid such possible business danger,
lomethlng cannot be done by which these
business combinations may be offered a
means, without great financial disturbance,
of changing tho character, organisation and
extent of tholr business Into one within
the lines of law under federal control and
supervision, securing compliance with the
anti-trust statutes."
Tho conditions upon which federsj char-
ters are to be granted under the presi
dent's recommendation are these:
The Issue oi stock to bs an amount
equally only to the cash paid in on the
stock, or If stock ba issued for property,
then at a fair valuation ascertained under
a private supervision of federal authority
after a full and complete disclosure of all
the facts appertaining to the value of the
property and the interests In it of the per
sons to whom the stock Is to be issued.
Wtrirtnres on Federal Corporations.
T Corporations taking federal charters are
j to' be prohibited from acquiring and hold
ing stock in other corporations, except
for special reasons upon approval by the
t proper federal authorities. Full reports of
operation! are to be made to the Depart
ment of Commerce and Labor at regular
intervals. The federal incorporation is to
be voluntary, but the president feels that
moat of the corporations will be glad of
the opportunity to reform their business
methods If given this opportunity. Other
wise, the Department of Justice will in
vestlgate them. Nothing In the federal
charters is to exempt any corporation from
prosecution for violations of the an)tl-trust
law.
In that portion of his message dealing
with changes hi the Interstate commerce
9 laws, the presidtnl recommends:
The establishment of a .United States
court of commerce of five Judges to hear
and dutermlne appeals from the Interstate
commerce commission, the only appeal
from this cqurt lying in the United States
supreme court.
The commission is to be relieved of pro
secuting oases in the courts, this duty
being placed in the Department of Justice.
Pooling arrangements as to rates to be
' allowed under direct supervision of the
commission.
The commission to be empowered to pass
upon freight classifications.
The coiiwnlBslon to be empowered to hold
up new rates or classifications by railroads
until an inquiry can be mads as to their
' reasonableness. If found to be unrrasun
4 able, the commission may forbid the in
crease. Shippers to ba given the choice of es
tablished route on through freight.
Stock la (.'supctlnar Lines.
Kroiu and afttr the passage of the
intendments, It is provided that no rail-
road shall acquire arty stock or Interest in
a competing line, except that where a road
already owns 60 per cent or more of the
lock of another road. It may complete the
purchase of all the stock. Also In oases
where one road l operating another ander
ti 4 leas of more than twenty-five years
duration, it shall have a right to acquis
the demised road. Allowing these acqul-
(Continued on Second Page.)
rresldent Ernest Fox Nichols of Dart
mouth college will be the guest next
Wednesday evening at the Omaha club of
local alumni. An Informal dinner will be
served at 7 o'clock and will be followed
by an address of welcome by the president
of the local association and a speech by
the college head.
President ichols is taking his first trip
since his Induction Into office at Dart
mouth as the successor of Wlllam Jewett
Tucker. While In Chicago, Thursday night
he made an address at the University club
In which he strongly advocated college re
form and had a few words to say on the
college foot ball question. His visit to
Omaha has awakened keen Interest.
Omaha alumni of the New Hampshire
school belong to what Is known as the
Dartmouth Alumni Association of the
Plains which comprises Nebraska, South
Dakota. Kansas and Western Iowa. Prof.
Daniel Ford of Lincoln is president of the
organization and Dr. Charlos W. Pollard
of Omaha Is secretary. Notices of President
Nlchol's visit here have been sent to over
100 members of the alumni body.
Nine-Dollar
Hog Arrives
Market in Chicago Boosted to Point
Exceeded But Once Since
Civil War.
CHICAGO, Jan. 7. The $9 hog arrived to
day at the Union stock yards here and his
coming marked an epoch in high prices.
With the exception of a short period in
1882, when swine sold at $9.35 per hundred
weight, the 19 hog has not been seen here
since the civil war. Continued intense cold.
Impeding transportation and apparent hesl
tatlon of producers to market their hogs,
are the chief causes of the abnormal ad
vance. '
ST. JOSEPH, Mo., Jan. 7.-The top price
for hogs at the South St. Joseph stock
yards today was $8.80 per hundred, the
highest ever paid here.
KANSAS CITT, Jan. 7.-Hogs again
reached a record price when one carload
sold for $8.75 per hundred here today.- This
Drlce has not been reached since 1S82.
COLUMBUS, O., Jan. 7. The price of live
boas at the stock yards here today w
$9.10, the highest according to stockmen
In the history of this morket.
Lata In the session a few sales of hogs
were made at $9.05.
PITTSBURG, Jan. 7. The price of bogs
reached S9.20 In the local market today,
said to be the highest mark In the hUtory
of the local stock exchange.
ST. LOUIS, Jan. 7. Ons load of hogs
sold at the stock yards here today for $9
a hundred, ..This Is the highest price sine
1890. ' '
SIOUX FALLS. S. D., Jan. 7.-(Special.)
-The prise hog of the state recently was
marketed by eGorge Waters, a Donanza.
farmer of the Crow Bench region of Law
rence county. The animal when dressed
weighed 625 pounds and brought waters a
total of $63.13.
)
Wool Growers
Demand Tariff
i 1
Congressman Cole Says Protection is
Necessary to Industry in This
Country.
OGDEN. Utah, Jan. 7. Tariff protection
for the wool industry at least at the pres
ent figure, is highly necessary, according
to a statement made by Congressman
Kalph D. Cole of Ohio, in an address today
before the National Wool Growers aaso
elation.
I. Tanlmura of apan, said he had been
sent by his government to study the sheej
Industry of the United States for the pur
pose of tnoreasing the flocks of Japan to
meet the growing tendency of those people
to a meat diet and the manufacture of
woolen goods.
He said his govenment wanted American
sheepmn to become Interested in tne
growth and breeding of sheep and goats
In that country. .
INDIAN VILLAGE SWEPT AWAY
Wall of Water Twenty Feet High
Floods Cataract Canyon '
In Arlsona.
FLAGSTAFF, Aris., Jan. 7. A report
reached here today that the entire Indian
village of the Supaia, located In Cataract
canyon had been destroyed by a wall of
water twenty feet high that swept down
the canyon Sunday. A number of Indians
are missing and are supposed to have been
carried down In the flood.
Bright Newsie
in College by
Glenn Johnson, "newsie" on the Rock
Island lines, swung oft Train No. 18 at
Union station and made his way to the
bureau of information.
"Got any new time tables?" he asked
the clerk.
He was handed the latest folders of the
Union Pacific and Northwestern Unas,
which have Just been Issued.
"If there's any town In those folders that
I haven't heard of I'm going to look thjm
up and get wise," said the boy. "There's
a lot of Information In these railroad maps
and things."
Inquiry disclosed the fact that the 14-year-old
train "butcher" could give the
location of every town on the network tf
lines of the Hock Island's great system.
He could describe the location of practically
every town or little railroad station In ths
twenty-seven states which the Rock Island
passes.
"I'm going to college some day," stated
the boy as he turned the leaves of ths
folder and glanced down the index to the
towns.
The aagernesa of the newsboy to learn
i
Insurgents and Democrats Join Forces
in Supporting Change.
DEBATE LASTS SEVERAL HOURS
Attempt to Strike Out Inquiry Into
Forestry Bureau Fails.
HEARINGS TO BE PUBLIC
This Amendment Agreed to Without
Division Addresses Made br
Korria, Hitchcock, Martin
and Scott.
t
WASHINGTON. Jan. 7.-The house late
today adopted the Joint resolution provid
ing for an Investigation by congress of the
Interior department and the forest bureau.
Supported by the democrats, the house in
surgents succeeded In having the Ballinger
Plnchot resolution of Inquiry so amended
as to require that the appointment of the
Investigating committee shall be made by
the 'house, and not by the speaker. The
vote was 119 to 145. The amendment was
proposed by Mr. Nqrrls of Nebraska.
Representative Fitzgerald of New York
offered In the house today1 an amendment
to the Joint resolution providing for an in
vestigation of the Interior department and
the forest service, eliminating the forest
service from the inquiry.
It became evident that the Joint resolu
tion authorizing the Investigation of the
Interior department and the forestry bu
reau would encounter a stubborn resist
ance from the democratic Bide when Chair
man Dalzell reported a privileged resolu
tion to the house providing for immediate
consideration of the resolution.
Representative Fitzgerald of New York
was prepared to lead the fight against the
Joint resolution, for which Mr, Dalzell ap
peared as champion.
In explaining why the rules committee
reported a Joint resolution, Mr! Dalzell
said that after adoption by both houses of
congress and its approval by the prss.1;
dent It would become law and would clothe
the special Investigating committee of
twelve with ample authority to summon
witnesses and to require them to testify
Mr. Fitzgerald's opposition was based on
the fact that the forestry bureau was In
cluded In the Inquiry, which he considered
unnecessary, in, view of the fact that there
were no charges against the office.
An agreement to limit the debate to
three hours with the privilege of offering
amendments, was reached and the discus
slon immediately opened and Mr. Fitzger
ald introduced his amendment.
Mr.- Fitzgerald opened the debate, de
claring he was heartily In favor of this
investigation, he expressed the opinion
that It should be narrowed so aa to elimin
ate from the Inquiry Mr. G if ford Plnchot,
"whose only offense,", he asserted, "has
been that he has been too active against
land thieves and land grabbers, and so
as to deal only with the grave charges
which have been made against the official
Integrity and personal honor of a member
of .the president's cabinet. " (Mr. Bal
linger.) .
Mr. Fitzgerald said he thought It beneath
the dignity of congress to aske the presi
dent to Investigate a member of his cabi
net, and therefore, he was opposed to a
Joint resolution which would require the
executive's signature.
Referring to Secretary Balllnger's letter
to Senator Jones asking that the forest
service be included in the proposed investi
gation, Mr. Fitzgerald objected to Mr. Bal
Unger's attempting to dictate the charac-
ter of the Inquiry to be made.
Mr. Fitzgerald offered two amendments
to the pending resolution aimed to ellmin
ate the forest bureau from the proposed
Investigation.
Replying to Mr. Fitzgerald, Mr. Dalzell
said a house committee such as was pro
posed In Representative Hitchcock's reso
lution, providing for an Investigation of
the land office, would give no power to
procure full . Information bearing on the
matter in question, while the resolution
reported was of sufficient scope to pro
vide the fullest kind of an Inquiry.
Speaking In favor of the resolution, Rep
resentative Norrtsof Nebraska, said that
the proposed investigation was such an im
portant matter that he believed the six
members of the committee to represent the
house should be elected by that body In
stead of being appointed by the speaker
and he offered an amendment to that
effect.
Representative Hitchcock of Nebraska
questioned the right of Mr. Ballinger to
dictate the form of the Investigation that
congress shall make, and declared the sec
retary had "resorted to the tactics of the
cuttlefish In attack." Mr. Hitchcock ex
plained that, when attacked, the cuttlefish
opens an Ink bag and darkens the sur
rounding water, retreating in the obscurity
it occasions.
"Is not the gentleman playing the cut
(Continued on Second Page.)
Wins Course
His Keen Wit
has attracted the attention of Rock Island
officials. George R. C'llne, city passenger
agent at Dea Moines, has taken an lnterea
in him and has a plan to put the boy
through school. B. R. McElderry, assistant
city passenger agent at Dubuque, has also
taken a fatherly Interest In the lad.
Glenn has been a wage earner ever since
he was 4 years of age, when he started
selling papers on the streets of Des Moines.
When years old his father died and since
that time the mother has been compelled
to work and help support the family.
He has attended school off and on until
one year ago, when he was compelled to
give up his studies and take up a perma
nent position. He first secured a position
as a telegraph messenger and In that way
made the acquaintance of railroad men and
succeedeM In getting a "run" on the Rock
Island lines.
Passengers have taken a friendly inter
est In the lad and his sales aboard the cars
have reached high figures. He comes into
On.aha on train No. IS at 1 o'clock In ths
afternoon and goea out on No. 9 at 4
o'clock
From the New York World.
DISTRICT ATTORNEY SOOK
Nebraska Senators Expected to
Recommend at Early Date. .
F. S. HOWELL BROWN'S CHOICE
E. Olsen to De Receiver of Valentine
..Kane! Office Latta Sara Kdfgar
Howard Joke In. Third
' District. , ,
(From a Staff Correspondent.)
WASHINGTON, D. C, Jan. 7.i-(Spec!a!
Telegram.) With the return of Senator
Burkett from Nebraska It Is expected the
district attorneyship will be settled in the
next few days. Indications point to the
selection of Frank S. Howell of Omaha to
succeed Charles A. Goss. This may be
completely changed when Senators Brown
and Burkett get together, but on the faoe,
of things Howell seems to have the call.
Senator Brown Is standing up for Howell.
Burkett's candidate for marshal. W. P.
Warner, was reappointed, while he won out
in the selection of Ross Hammond for
collector and In naming Thomas C. Mun
ger of Lincoln for federal Judge. With
these places to his credit it seems that
uBrkett could not do otherwise than Join
in naming Howell, who Is the choice of
his colleague and a great majority of the
leading republicans of Nebraska.
Senators Burkett and Brown and Repre
sentative lKnkald today recommended the
reappointment of E. Olsen as receiver of
the United States land office at Valen
tine. Postmasters In Third.
The two Nebraska senators, acting as
trustees for the Third district, with the
Junior senator in charge of the responsi
bility and worry, recommended the reap
pointment of the following postmasters In
that district:
Frank P. Tracey, IWnslde; Charles H.
Taylor, Walthill; Charles Ruden, Crofton;
U. L. 8quler, Sliver Creek.
The following new postmasters were rec
ommended: J. C. Bailey, Harman, and
Charles D. Snider, TUden.
Representative Latta, who represents the
Third Nebraska district, Is becoming a
Joker. When told that the senators haad
filed a lot of postmastprships, he said that
was their right, but he could fill them to
much better advantage himself If allowed.
"How about Edgar Howard filling
them?" he was asked. "Oh, Howard is a
standing Joke In the Third district."
Captain Phelps Paine, connected with the
bureau of animal Industry at St. Joseph,
one of tha well known men In Nebraska
among the oldtlmers. has been ordered to
rport for duty at South Omaha January
lti. Captain Palnc has lived for many years
at Lincoln.
HIow for Drs Volnes.
"In my opinion the public Interests and
economic administration require the dis
continuance of the office," says Secretary
(Continued on Second Page.)
If your cook leaves,
don't try to stop
her. It is easier to
get another one
through The Bee.
Thousands of reliable ser
vants read The Iiee Want
Ads every day. They will
read your advertisement. And
a Bee applicant is invariably a
desirable applicant.
Thone Dousrlaa 223 . V.
V-
A Patriotic Protest.
Major Ordered
Negro Soldiers
- to Stop Loading
Colored Soldier from Brownsville
Troops Gives Important Evi
. dence Before Court.
WASHINGTON, Jan. ?. Advocates of
the theory that the soldiers of Fort Brown
did the' "shooting up" of Brownsville In
the summer of 1906 scored what they
claimed was a telling point In their favor
today wh'en John Hollomun, one of the
discharged soldiers, appeared again before
the military court of Inquiry investigating
the eligibility of the discharged soldiers to
re-enlist. .
In telling of the inspection of troops im
mediately after the sound to arms, which
occurred as a result of the aflray, Hollo
man said he heard a sound as tf several
of the soldiers in the rank with him were
loading their guns. Major Penrose, In
command, ordered them to cease loading.
The noise continued.
"Stop loading, d you!"
Holloman quoted Penrose as commanding
a second time.
Under close examination by Recorder
Charles R. Rowland, the witness said that
no one could tell from the noise he heard
whether the men were loading or unload
ing, as they might have been, were they
returning from a raid on the town.
High Flight by
Hubert Latham
French Aviator Attains Height of
Four Thousand Feet in
Aeroplane.
MOURMELON, France, Jan. 7. During
a forty-flve-mlnute spectacular flight here
today Hubert Latham, the French aviator,
attained an altitude unofficially estimated
at 1,000 meters, (about 4,000 feet).
The official record for altitude attained
In an aeroplane Is held by Latham, al
though to the difficulty In measuring
flights there Is a discrepancy as to the
exact height reached by him. Latham Is
variously accredited with an elevation of
600 meters (about 1,600 feet) and 550 meters
(about 1,800 feet)
Orvllle Wright, in an official flight at
Potsdam, Germany, October 2, 1909,
M-ached an estimated height of l.tiOO feet.
In the following month Louis Paulhan,
In a Karman biplane, attained a height
which he believed to be 600 meters, or
nearly 2,000 feet, though the flight was not
officially recorded.
Robbers Kill Captor in
Battle with Revolvers
YPSILANTI. Mich., Jan. 7 Suspected of
a Jewelry store burglary which took place
here late last night, two men who were
taken into custody by the baggageman
atd ticket clerk at the Michigan Central
depot early today, orew revolvers and
fought a desperate battle for their liberty.
Baggageman Henry C. Minor was killed.
TIck.t Clerk Morgan Emmett was shot
through the chest and probably fatally
Injured, and one of the suspects was shot
In the leg.
Both men are under arrest, their names
being given as Robert McCormlck of De
troit, formerly of Ypatlantl, 22 years old;
"Winkle," a Detroit character about 26
years old, wbose real name could not be
learned, who Is shot in the leg, and Carl
mku in fwrnit. wba Im
i
-5
NORMAL BOARD IN SNOW
Ends Cold Trip at Ainsworth Day
Ahead of Schedule.
ON BOBSLEDS TO SOME SITES
No ((election Yet Made, bat Expecta
tion Is One Will Be
Given Oat Soon front
- Lincoln.
AINSWORTH, Neb., Jan. 7. (Special
Telegram.) The State Normal board
reached this city, the last on the list of
towns which applied for the new state
normal school, this morning. Just one day
ahead of schedule. Testerday the members
of the board attempted to drive the ten
miles between Rushvlll and Gordon and the
snow was so deep that It required five
hours and considerable work with shovels
to reach their destination, as a consequence
several of the members were not feeling
as fit as they might. Fortunately the lo
cal commute had not prepared astremious
schedule. During the morning the board
viewed two possible sites for the school
and at 2 p. m. held a meeting and trans
acted routine business. Later ther met the
town people- Tonight, at 7 o'clock, the lo
cal committee prsented Its argument and
the board adjourned In time to catch the
midnight westbound train.
It Is understood here today that upon
arrival In Lincoln the board will at once
meet and decide where the school shall
be located.
Visit at Gordon.
GORDON. Neb., Jan 7. (Special Tele
gramsThe State Normal board reached
Gordon about 6 o'clock yesterday evening
after a hard, cold Vide In vehicles from
Rushvllle, fifteen miles distant. They were
met by a reception committee consisting
of W. L. Mills, J. C. Gordon, Frank Coa'tes,
H. G. Lyon, W. G. Traub and J. H. Davis,
who escorted them to the Commercial hotel,
where they were thawed out and regaled
by a sumptuous meal.
After supper a tour of the business
houses was made and at 8 o'clock a rous
ing reception was tendered them at Ma
sonic hall, at which there were present
about 200 citizens and business men.
Speeches were made by Rev. J. A. John
son, Postmaster H. O. Lyon, D. H. Grls
wold, president of First National bank:
W. L. Mills, Prof. E. M. Kendall, and
others, each member of the board respond
ing In a manner that made Gordon feel
that Its efforts were not In vain. While
the customary four votes were not pledged,
the board congratulated the committee and
citizens on the exceptionally strong show
ing made. Like every other town In the
deal, Gordon Is confident It holds the win
ning card.
Landlord Burned In Hotel.
MANCHESTER. O., Jan. 7.-The Llght
budy hotel burned here early today and
John Mclmde, the proprietor. 75 years old,
perished In the flames.
said to have accompanied the other two
to Ypslluntl, but parted company with
them before the burglary and murder.
The two men made no reslstence when
taken Into custody, but after being led into
the waiting room they suddenly started
the fight.
Emmett'a right arm was broken by one
of the first shots, but though unarmed,
he clung to his antagonist with his left
arm and was dragged out on the station
platform where he ' was clubbed into in
sensibility. Meanwhile, Minor, who had m revolver,
engaged In a pistol duel at twenty paces
with the other suspect. Receiving a mortal
wound In the throat, he staggered out of
the station and fell dead In the road. The
three prisoners were arrested on the out
skirts of the clu
His Conduct Has Destroyed Useful
ness as Helpful Subordinate.
HISTORY OF D0LLIVER LETTER
It Was Written Over Protest of Sec
retary of Agriculture.
WRITTEN AT OWN VOLITION
He Persuaded Iowa Senator to Hare
It Head at Same Time Wlck
erahant Brief on Glavls
Was Presented.
WASHINGTON. Jan. 7.-Glfford Tlnchot
was tonight removed from his office as
forester by President Taft. In doing thU
the president gave out a copy of a letter
he has written to Mr. Plnchot, in which
he says In conclusion:
"By your conduct you have destroyed
your usefulness ss a helpful subordinate
of the government, and It therefore now
becomes my duty to direct the secretory
of agriculture to remove you from your
office as the forester."
It developed at the cabinet meeting that
Plnchot wrote the famous letter to Sena
tor Dolllver at his own volition and
against the direct advice of his superior,
the secretary of agriculture. It also ap
peared that Plnchot Induced Senator Dolll
ver In advance to have the letter read at
the same ttme the president's message ex
onerating Secretary Ilalllnger through a
report of the attorney general should be
presented.
Letter of the President.
President Taft's letter to Forester
Plnchot, Informing him of his dismissal,
follows:
"THE WHITE HOUSE, WASHINGTON,
Jan. 7. Sir: The secretary of agr. culture
informs me that on December 2s your as
sociate forester, Mr. Price, went to him
and proposed to resign on the ground that
he had been engaged with Mr. Shaw, as
sistant law officer. In Instigating the pub
lication In various newspapers and maga- '
sines articles attacking the good name of
Secretary Ballinger and charging the In
terior department and the land office with
corruption. The secretary thereupon wrote
a note to you, under date of December 29,
asking for your recommendation In the
premises. You did not answer, but on Jan
uary 4 you had a conversation with htm,
In which you said you wished to make a
statement which should be rad In the
senate at the same time that my message
transmitting the -record In the Glavls case
reached there and that you thought you
could Induce Senator Dolllver to introduce
tho statement for you.
"The secretary advised against such a
course,' but asked you for a recommenda
tion aa to accepting Price s resignation, In
order that he might bring the matter to
me. to whom he told you It must ultimately
come, because I had considered the Glavia
charges and had passed upon them.
Ignores Official Order.
"Without further conference with the
secretary and before kmaklng a report to
him, you succeeded in making public, by
having It read tn the Benate, a letter from
you stating that you had sufficiently dis
ciplined Messrs. Price and Shaw by repri
manding them and that your recommenda
tion would be that no further punishment
was required, id this before that recom
mendation was submitted to the secretary
and me, whose power and duty It was to
determine upon Price's admissions as to his
complicity what action should be taken in
respect to his resignation.
"In order to understand the full purport
of your letter In which you admit the com
plicity of Shaw and Price In the publica
tion In the press, It should be said that
the gravamen of the Glavls charges was
that Secretary Ballinger and the others
were all effected by a corrupt wish to pat
ent thirty-three so-called Cunningham
claims upon coal lands In Alaska; that the
question whether these clulms were fraudu
lent or not remained to be decided upon
the evidence after both the United Slates
and the claimants had been heard; that
every patent as' an executive act is com
pletely within the Jurisdiction of the presi
dent to direct the withholding of It In order
that he himself may examine the evidence
as to the validity of the claim.
Resents Charge of Bad Faith.
"These facts understood, the plain Inti
mations In your letter are, first, that I nad
reached a wrong conclusion as to the good
faith of Secretary Ballinger and the of
ficers of the land office, although you add
your subordinates had only seen the evi
dence of Glavls, the accuser, and had newr
seen or read the evidence of those accused
or the records that they disclosed, which
were submitted to me; and,
"Second, that under these circumstances,
without the exploitation by Messrs. Shaw
and Price In the dally, weekly and monthly
press of the charges of Glavls, the ad
ministration, Including the president and
the officers of the Interior department and
land office, would have allowed certain
fraudulent claims to be patented on cotl
lands In Alaska, although the matter hal
been specifically brought to the attention
of the president by the Glavls charges.
"You solicited the opportunity to make
such a declaration In congress for the pur
pose of offesettlng, If possible, In the pub
lic mind the president's decision In the
Glavls case, supported, by the opinion of
the attorney general, after a full examina
tion by both of the evidence adduced ty
the accuser, and the evidence on behalf of
the accused, while the latter evidence you
and your subordinates had never seen.
Improper Appeal to Congress.
"You did this against the advice of thi
secretary of agriculture, without notifying
him that you Intended to do so and with
out conferring with me at all.
"Your letter was In effoct an lmprope.
appeal to congress and the public to ex
cuse in advance the guilt of your subordi
nates before I could act and against ml
decision in the Glavls case before thv
whole evidence on which that was basod
could be considered.
"I should be glad to regard what has
happened as only a personal reflection, s(
that i could pass It over and take no offl
clal cognizance of It. But other ank
higher considerations must govern ine.
When the people of the United Stales
elected me president they placed me in an
office of the highest dignity and charged
ma with the duty of maintaining that dig-
