Salt Lake Telegram | 1910-04-09 | Page 1 | More Trouble for Ballinger; Allege Failure to Do Duty

OR TROUBLE fOR OR BALLINGER ALLEGE fAIL fAilURE TO DO 00 DUTY TY TYLand Land Claimants Desire to Appeal From Decision 4 of Pierce W NOTON April Apri 1 9 Declaring D. Declaring that Secretary of the tho Interior Ballin Ballinger er because be he had been counsel for a anum number num num- ber her of land lanel claimants in the Indian Indian In In- indian in- in dian re reservation in in Oregon declines to toive give ive 1 them hem the benefit of his judgment ment since since becoming secretary of tho the in in in- tenor and Ijas las attempted to delegate to his assistant Frank Pierce the tho duty imposed by law lav on him an and ana that the tho latter has decided adversely to them William D D. Bates Thomas I and Levi M M. Gilbert today filed suit in m inthe 1 the b su supreme reme court of the District of Columbia for injunctions to prevent the tho execution of t the he order of Mi Mr Pierce Bates says s he lie employed Mr Ballinger lh dall in iii in 1908 and c that the latter tiled filed I in nf the educe of the then secretary f of the into inte 1101 riol a brief urging that patent be issued I K 1 Bates Bv liv alleged irre irregularities he claims his title to the tim entry was clouded and Mr Pierce Pierle has ren rendered ered a against him a decision which is is about to become operative in in Oregon unless the court coart 1 prevents its execution Bates and the other claimants declare the law allows an appeal to the score scare tary tarv that they are entitled n to it and that the the action n pf f the a slant w 7 ro rf J T drawn to th J 1 4 I r 1 pr that there w was s an p aK n Assistant sit nt secretary tary Pl pj r o B. B lt h had d hAn handled 1 the cas cates r. fM latter 1 pf C them he he In lii accordance with hl his hia general assignment of or handling land of office office of- of fice n matters ding the charge chargo that he lie had been blen counsel for foi the the secretary lai ed that after ho lie had retired to lo private vate life from the commissionership of tho the gen general r l land office his name had been signed Sighed to a brief in the cases cafes b by J J. J II Ballinger a distant cousin In conjunction with his own signature The Tho secretary said I Ihl this hl was ws S dope done without without with with- fem out ills his authority oi t and n when the matter mattei wa was called to his attention I he s so advised na Interior department a and requested that his name be stricken from the document docu docu- ment The secretary and Assistant Attorney General Lawler of the interior department stated that the claims involved valuable timber lands Mr Ir Lawler said possession of them was being eln sought under tinder the guise of the h homestead law which he lie had become satisfied had not been compIled complied com corn plied pIled with