Show MEGALOMANIA I AILMENT Of 0 CHIEf VIS Attorney General WicKersham WicKersham WicKer WicKer- sham Severely Arraigns Former Division Chief PRESIDENT SENDS REPORT TO CONGRESS Report Declares Charges s Against Ballinger allinger Disproved Dis Dis- Dis proved d by Record WASHINGTON Jan G G. G Louis B. B Glavis formerly chief of the tie ed division dl- dl dij di 1 j vision of ot the the general land office e. e suf- suf of megalomania mid and was not im Im- f hued with a a a. deep sense of or patriotic duty I iu Sn making making charges charges against Secretary of i Interior Richard A. A Ba Ballinger and Ud others oth oth- I Iera ers era in connection with coal laud land claims claim'S i in Alaska according to Attorney General General Gen Gen- eral whoso report of Sep Sep- j i 11 U on the controversy was sent rent ent to congress today by President Taft Attorney General Wickersham m severe severe- Vele- Vele j I ly lv arraigns Glavis Glans in his summary of of j t the documents submitted to Glavis is an anti and j I tho the replies thereto All the papers papers in the case ease were sent to ress congress response in-response to a resolution of Senator Flint of Cal The attorney generals general's s 's statement tatem nt recites th tho th char charges preferred all iri t Ballinger r by Glavis Glans on August 18 re views the tho status of the Cunnin Cunningham Cunningha ham t group ou of r e coal al land claims in Alaska states stattS Ballingers ers er's relations with the claimants claimant cites iteR the laws bearing on the tho case quotes Ula many r letters Jetters written by hv Glavis CHavis and others in in regard to the claims and the tie resultant controversy v vand and draws draw's the following conclusions The conclusions which in my in-my nay my ion ri are arA very cry clearly established by by- those papers papal's are as follows Ballingers Ballinger's Action Proper First the insinuations or char chares e of improper action on the part of f Secre tary Ballinger As Assistant Se Secretary sr Pierce PierrE C Commissioner or or Chi of ot Field Division Schwartz ar are ara arely ill in my opinion entirely lispi So X fi from any adion t d im the rE Ord c ceat- ceat l' l ly shows that Secretary tary Ballinger fr was scrupulously careful not in ill reSI reSIt t to these d l the reason J th that t during the summer of 1908 while he be was in ili no io mann manner r connected with th the ov g-ov government he he had been consulted by bv some of the claimants with re respect Pert to tn the issuance nce of patents patents' pat ts and bad had called upon Secreta Secretary rr Ga Garfield for the the- purpose purpose pur par pose pose pose- of aMert ascertaining ining the attitude of his department thereon either Neither his action nor of bi his nor any any written or spoken ex expressions expressions ex- ex were Tere favorable to these claim ants The utmost he be did was to in instruct instruct instruct in- in the land and office to pr t antI and niJ dispose of all pending eases cases Second the suggestion that it was wa's unlawful for Mr Hr Ballinger to have e a any y professional relation with Tit these clai claim ants because of his previous incumbency meant meant- h bency of the office of commissioner of the land and office is is in in my opinion un Ull- sound The su suggestion is based on on- section United States et statutes which reads It shall not b be lawful for or any person person per per- son Eon appointed after the first day of If June one thousand eight hundred and two seventy-two as an officer clerk cerk or employee employee em em- in any of the dep departments departments- to act as counsel counsel attorney agent for agent for the pr prosecution of an any claim a against a the Unit United ld States StatE's which h was Tas pending in either lither of said Raid departments while whale ha he he was such officer clerk or employee nor noy in any manner nor by any mea means s to aid itt in in the prosecution of any such claim lalin within two years ne next neat after he shalL have ceased to io be such officer cl clerk rk or r employee Construction of St StAtute j fin n the case e of W. W D. D Harlan Se Sere Secre e- e tary of the tha Interior Smith in a well ell reasoned opinion held that the wor words word claim a against the United States States' I as used in that se section tion must be construed to mean n a money demand a against th the United f tes An Au earl earlier earlier- er decision n which gave Ilave a wider application to the 1 words was overruled Third the time Cunnin Cunningham locations were wera made mado in r July u and An August st 1904 1901 All but three of them Pro proceeded to to- toen en try prior to May 1 1907 and the remaining re- re m three in iu October 1907 1901 pa payments pay pay- ments meats a aggregating gre being made and covered into the treasury Tho government has had an m abuD- abuD dance o of time to investigate ate the validity of these entries The are certainly entitled to know with r reasonable reason reasonable ason a able ble promptness the objections to in jug ing patents on their claims and tp to have hava such objections di disposed posed of within reasonable rea rea- rea- rea fona latime time The attention of the land office was especially directed to th these e claims in Au August st st. 1905 They were in investigated in in- t by Agents Ag Love and and J one Th They Y were Jr put in jn Mr Ir Glavis' Glavis bands together together to to- to gether Ether with lith the inv stig of of all other Alaska coal lan lands lanas 1 anti and entries in January 1905 All the essential es eg facts relating to the claims claims' seem scent ec m to have been heen ascertained by him bim in in tho the spring sprin of 1908 Indeed the claimants do not appear to have made any concealment of th the facts upon which their claims claims- depend Except during period of not exceeding two months April and md when proceedings were suspended on owing n to the thet exhaustion of the appropriation p. p Glavis mavis had upward of two years rears in m in which to Complete his ine investigations lie He was wa's furnished h by the land office with all tho assistance which he be re- re r Quested Glavis Never Ready Beady All efforts to induce induce induce him him to br ll his investigation to t at conclusion were were met only with requests for further as assistance coupled l with criticism of lii his lii superior iol Ol officers as well as of special special- agents who ha had bad beon been connected with the cases cHr an and l ever every pry time t the tho g general land general ralland office ur urged rd a speedy completion of tho work which hi h. h it ma may ho bo observed wn wee nt mel merely y pro para Tory to to a n trial of the ef in the entries PI for I the ht purpose p of determining whether or 01 tint not patent should is issue n Glavis Glais advanced id tl on n paye Id I S MEGALOMANIA Continued n from page 1 some more or less specious reasons why ho was not ready to formulate objections and proceed to trial Instead of hampering or interfering with him every e facility was given iven him by OJ the interior department and and with one or two immaterial ex exceptions every try reQuest request re re- quest for assistance was promptly granted ra Had the tho department desired improperly to pass the claims to patent it might have done lone so 50 in January 1908 IJ by liv simply art acting in on the fa favorable ora bl 1 report report re re- ro- ro port of Special Agent gent Love without notifying in Glavis that the tho claims had b been ln en clear l listed or when the field fieldwork fieldwork work fork was wa redistricted these claims mi might ht have hse been left in bar charge e of the thA new ne-c- chief of field division at Portland when hen Glavis is was transferred to Seat Seat- tle Fourth Fourth Glavis' Glavis' Glavis claim that he prevented pre pro vented the tho government from bein being defrauded de- de bv by procuring a reference e to the attorney general of the questions of law involved and the overruling by him bini of an opinion written b bv Assistant Secretary Pierce which would wool have bave en- en the tie Cunningham ham claimants to procure patents on their claims claim is absolutely disproved by the r record cord which follows follow 4 1 That I-That That the letter letter- submitting the questions to the tho attorney general genera the form of which was prepa prepared by Mr Schwartz in conference with Glans Glavis and was p fas in part sll suggested by him by its very terms excluded d any possible reference reference refer refer- ence to the Cunnin Cunningham claims and 2 that with th the tho explanation of th the somewhat somewhat some some- what ambiguous phrase initiation of the tho entry used bv hv A Assistant Secretary Pierce hi his construction of tho the statute did not differ from that given to it by the attorney general in in his opinion 4 Fifth 4 Fifth The The intervention inter by the for for- estry bureau procured by Glavis la is isi i shown by tho the record to have hae been heen entirely en In ut unnecessary to the protection o othe of ot I the thA interests of the United States Material Documents Omitted Sixth Sixth is Glavis' Glavis report and summary abound in contradiction and misstate misstate- ments They The omit to a de degree that to absolute suppression letters telegrams and other documents some somo of which were in his possession and others which were available n to him and which completely refute inferences s he ho hoI I seeks to have drawn from those which he he- does submit I Seventh The Seventh Tho action of each paCh anti and every official of the land hand of office ee referred I to in Glavis' Glavis charges appears to have been inspired by the perfectly proper propel de desire lire to brin bring to a conclusion an investigation investigation in iu g HO which c was prolonged beyond be be- yond all reason and which if it had i been been prO prosecuted witt duo due dili diligence and if Glavis had properly availed himself of the this assistance pla placed d at his Ilis disposal by the land office should have has been blen completed and ready for trial not later than the autumn of 1908 1903 The claimants claim dana ants were entitled to have the objection objection tion to their claims formulated and brought to hearing with reasonable promptness and tho the interests of of the tho government o did not require and were not advanced by the prolonged delays lela 11 and inaction of f Special A Agent nt j Gla- Gla Glavis Glas s In this connection it may be he pointed out as aR an example of Glavis' Glavis habitual procrastination ion that although h pursuant to his request of April 31 11 1 1908 1905 to forward forward for for- ward to him all ori original nal papers relating relating in ing to Alaska coal roal entries and declaratory declaratory declara declara- tory toi statements upon his hill r representation tio tion 1 that the tho statue of limitations ns would prevent criminal prosecutions after after af tf- af- af ter the following October r and tb the tho cases eases must flutist therefore be bl pre presented during the month of ofa May a all such mch original papers and documents were by 1 direction of the general land hand office immediately transmitted to him b by tho the Juneau office no DO w was s taken by y him whatever er to brin bring the these criminal o prosecutions prose or to take any aDY steps in in connection connection tion t therewith Prolific in Criticism Glavis is appears at all times to have been blen Prolific prolific in criticism and fault finding find find- in log ing 0 of other officials of his department desirous desirous of increasing his bili jurisdiction ion ready with reasons for delay lay but n D never vcr r ready ady to complete anything ho under under- took Hi His action artion in appealing n to the forestry bureau burean of the department of agriculture to intervene in these se ca eases cases es without consulting any my of his hi official was ws a breach h pf f all proper discipline ue- ue which is ag aggravated aggravated aggra aggra- ra- ra because tak taken Il on th the thery very ery da day when wl-n he bt complained to Secretary Ba Ballinger Bal Bal- lin linger C in iu person verso that th he was a. a bein bei f for forced el to appear to-appear appear p ar t before re ready with the necessary eVl and wa referred rAren-od bv by bythe the secretary to t CJ Chief ef of Field Fild fi Service Schwartz have could ha hail had l no lack of confidence e in Mr Mt- Schwartz is ill is shown by his l' l personal I letter to him dated July Jul 31 31 won lOot in which hillI he lie expresses ex cx- presses h his s fr friendship for Schwartz tells him bins in ill his Ilis opinion ne neither Dahlia Baltin ger r nor Mr Dennett lennett tan can last t soil and advises ad ad- d vises hint him to try tn for Commissioner Dennett's lennett's len Den fn nett's place with the obvious suggestion tion that he lie Glavis can cau take Schwartz f place H Glavis l lavis actions appear to Its lla have cc been foun founded cd upon a wholly exaggerated ed I souse sense t of ol his hi own on-it imro importance an and a desire irl fur for personal advancement rather T than Ihan lily fillY genuine desire to protect the tho interests of thin the government o mid and this thi species of f megalomania has hils finally led td him to tro submit to you Oll har charges ett of improper im prop proper r motives s and conduct i a against ail st his hiso o official superior riol which in In my opinion are so unjust t and unfounded as In to merit his hisS immediate separation from the service The letter which n Attorney General Wickersham says bays shows how Glavis' Glavis animus in the ease case is s dated Portland Or Oi July 31 H. 1900 1909 is labeled personal and aDd reads leads Glavis' Glavis Letter Lettel Dear Schwartz Dennett anti and I had quite a It talk on the coal cOll eases cases sp especially c that part showing Ving him up He lie has co doubt written you yon stating that I 1 am trying to etc I want you von to weigh the facts and and determine whether her mY mv action was not t the hI best brt ny way in wl which ich to present it it think think of the other methods that could have lla been IJen followed He lie realizes that helias not done right I could go o into details and Inri t tell you OU ninny many things s but I 1 shall out nut outdo do so so because the thC purpose of this letter letu-i letteris is not to influence you on against Dennett Dennett Den Den- nett however r. r I r dont don't nt want Tant him to 10 impair OUT our friendship which I prize very highly as 1 have ha-c few real fri I a again d do tb- not wish our otti friendship t U influence you in iu doin doing your our duty om richly Keep out of the eases cases if possible possible- let Jet Dennett fight his own battles battiNI It It is Di my opinion th bIt th 4 It It is m my opinion that neither Don Donnett nett nor B. B will ill last long and anti sureh surely not Dennett Dennett ho he cannot remain in Now Xo under tinder such uch circumstances why not you try for for the place I am not quite sure you Ian can win out Tu Tn other words word Schwartz von ou have e known my mr opinion of D 1 for a long bug time and a as he be is in a l tight place at present he bo will be he very 1 apt to try to place the blame on someone else ele Your friend 4 LOUTS LOUIS Mr Schwartz Schwartz- at once on sent lent the foregoing foregoing fore fore- going goin letter to Secretary Ballinger and replied to refusing to entertain such suggestions |