190 "P." Special Agent GLAVIS, Seattle, Washington: [Telegram.] DEPARTMENT OF THE INTERIOR, Direct Hedrick and Booth to report to Hartson at Boise. Vorize two coal experts thirty days at mokmura and transportation pending eligible list. DENNETT, Commissioner. GFW. (Signed) Translation: You are authorized to employ two coal experts at $7 and transportation pending eligible list. Secretary Department Interior, Washington, D. C. DEAR SIR: The purpose of this letter is to inquire concerning the status of certain coal-land entries in Kayak district, Alaska, more especially concerning that one made by myself. Although quite anxious to secure patent, I have refrained from writing you until you should have time to become established in your new position. As Commissioner of G. L. O, you were afforded an opportunity to familiarize yourself with everything pertaining to these entries and to discover irregularities, if any existed. It will therefore not be necessary to rehearse the six years of strenuous effort and of hardships endured by our agent to perfect the title to these lands. So far as my knowledge extends, every step has been taken under the direction of competent counsel, supplemented by careful and intelligent effort to comply with the law in letter and in spirit. While believing that the administration was actuated by what it conceived to be the best policy for the whole people, I can not help feeling it has imposed a hardship, not to say an injustice, on the enterprising people who were lured to Alaska by promises contained in the federal statutes. This refers, of course, to the former administration, which I think failed to carry out the provisions of the statutes relating to Alaska coal lands in refusing patents in entries made prior to the order of withdrawal. It is hoped and confidently expected that the present one will be distinguished for a fairer interpretation and a higher respect for law. Kindly give me such information as you can, consistently. You will realize, I think, that any considerable delay will mean the loss of another summer's work in development and another year's delay in getting the coal to the markets on the Pacific coast, where it is badly needed. Furthermore-pardon me for saying-the Government itself is most vitally interested in hastening the development of these coal mines, as it is the only coal suitable for the navy on the Pacific side. Very sincerely, (Signed) MILES C. MOORE. 208 THE SECRETARY OF THE INTERIOR, Mr. SCHWARTZ: The entry to which Gov. Moore refers as "his" is one of the Cunningham group, I think. Please send me a note as to how the matter stands. Is Glavis doing anything on Alaska coal matters, or is everything "up in the air," as it was some time ago. 3611 DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., April 14, 1909. The honorable SECRETARY OF THE INTERIOR. SIR: Attached is a tabulated statement showing the volume and condition of field work at the close of the month of February, 1909, practically at the beginning of your administration. There were pending for investigation, or other field work, 34,651 cases, which was an increase during that month of about 800 cases. During February 2,346 field investigations were made, of which 1,333 charges were not warranted, and 1,013 will be followed by adverse reports from the agents; 154 cases were tried before registers and receivers upon adverse reports of agents; also 75 entries were relinquished in cases in which agents had made investigations. The field expenses for the month including hearings were about $35,000, the office expenses about $2,000, and the receipts from timber trespass were about $24,000. There was also received some $34,000 for a coal trespass, which last item is not in the tabulated statement. During February there were 109 agents on duty. The force has since been increased until it is now about 140. The total number of cases at this time is probably somewhat larger than it was at the beginning of your administration. This is due, however, to the listing of all settlement and entry claims for lands covered by reclamation projects, it having been deemed advisable to make such investigations, to the end that lands under reclamation projects may be cleared from speculative entries when the Reclamation Service is ready to turn on the water. It also appears from the tabular statement there are approximately 2,200 land office cases pending in United States courts, each of which will require considerable time on the part of agents in appearing before the grand juries, and subsequent attendance in the courts. It is the opinion of Mr. Schwartz that it will require all of the $1,000,000 appropriation and the utmost energy on our part to bring the field investigations up to date within the coming current year. Respectfully, FRED DENNETT, SIR: I have your memorandum of this date giving a tabulated showing of the volume and condition of the field work at the close of the month of February of this year. Your report shows a surprising number of undisposed-of cases for field investigation, as well as cases pending in the United States courts. I am strongly convinced that upon a preliminary investigation made by your chief of field service in conjunction with the chiefs of divisions, many of these cases will be found to be of a character which would not warrant the necessary expenditure of time and money for detailed separate investigation. I do not wish the department to be put in the position of encouraging investigations that are not strictly in the interests of protecting the Government on the one hand and the bona fide settler or locator on the other. In all organizations such as your field organization the tendency is to extend the field of operation beyond what is reasonable and necessary in the public interest. Your officers, therefore, will have to justify themselves completely in the scope of the investigations which they undertake. I would like to have you, together with Mr. Schwartz, carefully consider whether or not a portion of the cases listed for field investigation, as well as those pending in court, could not very properly be released, and thereby permit you to concentrate your energy upon the more flagrant alleged violations of law, thereby making it practicable to entirely dispose of the pending cases and keep well within the appropriation. The healthful example resulting from a speedy examination, trial, and conviction of flagrant cases will, in my estimation, do more to protect the interests of the Government than to spread your energies over a wider and less successful field. I would be glad to confer with you, the chief of field service, and the Assistant Attorney-General respecting this matter at your earliest convenience. Mr. CARR: I attach hereto a recent report received from Mr. Glavis in the matter of the Cunningham group. I have just seen this report, and to say that I am surprised at its general tenor is putting it rather mild. As a matter of fact, the records disclose (1) that in December, 1907, while in this city, Mr. Glavis was supplied with a complete copy of all papers, records, and files bearing upon the charges of irregularity in reference to the entry and acquisition of coal lands in the district of Alaska; that (2) December 28, 1907, he was advised that Chief of Field Division Colter was making certain additional investigations in the vicinity of Detroit, Mich., and the letter of that date to Mr. Glavis concludes: "You will from time to time, as rapidly as possible, make separate reports upon individual entries or separate group of entries, to the end that action may be taken without further delay. (3) January 7, 1908, Mr. Glavis was advised that the particular group known as the Cunningham group had been clear listed upon the favorable report of Special Agent Love. (This clear list was immediately withdrawn at the request of Mr. Glavis.) (4) February 5, 1908, Mr. Glavis was advised: "You will, therefore, on receipt of this letter proceed to Spokane and complete your investigation and make your final report as to these claims (Cunningham group).” (5) Subsequently the coal investigations in Alaska were temporarily sus pended, pending a determination of what procedure might be had in view of the coal-land legislation of May 28, 1908, which was intended to permit the consolidation of claims in Alaska. (6) October 7, 1908, Mr. Glavis was advised, among other things: "Your investigation of these coal entries was temporarily deferred during the pendency of the last Congress in a bill to provide additional laws for acquiring title to Alaska coal lands. Since that time the condition of business in your district has been such that no further investigation has been had of these particular entries. “You are directed to complete your investigation along the original lines and so prepare the Government's case as to be able to present all the facts at a hearing, in the event you finally made adverse report and ask for the cancellation of these entries. 194 "This office has been informally advised that the various entrymen known as the Cunningham group have concluded to stand upon the old law and ask for a patent upon the now pending applications. The reports as made by you to this office show that these applications were fraudulent and should be canceled. Proceedings will be deferred, however, until such time as you advise this office that you have completed your investigations and are ready to sustain the Government's case at the hearing." (7) Mr. Glavis has since been proceeding under that last instruction. Mr. Glavis's statement that he has been "greatly embarrassed by reason of the fact that many of the claimants appear to be fully informed as to recommendations previously made by me and concerning the work which I had been directed to perform" is not understood in this office, as claimants have been given no information, except the general proposition that their claims are suspended at the request of field officers. I believe the various statements from claimants quoted by Mr. Glavis fully show the situation in reference to these claims, and we should determine whether, as a matter of law, this showing warrants a hearing, and if it does, we should advise Mr. Glavis that these cases must be speedily brought to a hearing and the rights of the claimants determined. CWN Respectfully, (Signed) H. H. SCHWARTZ, Chief of Field Service. The foregoing letter contains the following pencil notation on face: letter has been seen by Mr. Carr. CWN." Copy by FRL. "This 191 DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., April 16, 1909. The honorable COMMISSIONER OF THE GENERAL LAND OFFICE. SIR: October 20, 1908, I addressed the following letter to all chiefs of field division: "As the office has heretofore advised you, the number of cases reported in any particular division is not necessarily a criterion of the value of the services performed. The office appreciates entirely that the respective field corps are working with energy, and are endeavoring to give the Government the best service possible, and this subject is only mentioned out of an abundant caution that none of the more important cases be neglected in an endeavor to make a large showing in the number of individual cases handled. In a recent address to a large number of new agents, the Secretary laid a special emphasis upon the fact that it was equally our duty to see that the honest settler, or other citizen seeking to acquire public lands, be not delayed, and that wherever good faith is apparent, and the limitations of the law permitted, the efforts of settlers to establish themselves upon the land, or reduce it to beneficial uses, should receive encouragement. It has been my opinion for some time that we might give more of our attention to the larger cases, and thus release more of the small cases where it is only some technical violation of the law by particular individuals, who are otherwise not subject to criticism." 192 March 5, 1909, by telegram, I directed the chiefs of field division to begin a new docket of cases on that date; and March 16, 1909, I further advised them, by circular letter, that the purposes in starting a new docket and keeping the old cases segregated were several, as follows: 66 Pending cases, including old snags, will all be closed out during the coming fiscal year-so far as departmental action is concerned in purely department cases, and so far as any action by the department is concerned, prior to reference to the Department of Justice, in cases requiring action in that department. The men necessary for this work will be supplied. Each chief, within his jurisdiction, and the chief of the special service division in the General Land Office (or other office chief having jurisdiction) will be held directly and personally responsible for the steady and expeditious clearing of the pending dockets." After more instructions in detail, my letter further advised: You will also be supplied with sufficient number of agents to keep current the new work. It is required that it be kept current, and that no case be allowed to lag, either because of inherent difficulties or by reason of its geographic isolation;" and my circular concluded: "In addition to the regular monthly report, which will be made as now, you will each month submit a monthly work sheet showing condition of cases which were pending in your office at the close of business March 3, 1909." In addition to the foregoing, I have personally impressed upon all those chiefs of field division with whom I have had conversation that the standing and promotion of chiefs, as well as of agents, depend not upon the volume of business in their districts, but upon their ability to reduce that business and satisfactorily and promptly overtake the work. I have also advised them that, so far as my recommendation may go, there shall be in the future a higher standard of compensation, and a higher class of agents, rather than low compensation and a large number of agents. For this reason, not only the question of who is to be retained after the close of the coming fiscal year, but the question of a good salary will depend upon the showing made in overtaking the work. RESPONSIBILITY FOR VOLUME OF WORK. I think a little analysis of the amount of business pending will demonstrate that your field force is not, as a matter of fact, chargeable with any tendency to extend the field operations. There is a total of 34,651 cases pending. Of this total, 16,745 are suspended by the arbitrary rule of the department itself, and are embraced in the following items: This leaves a total of 17,906 cases which are not, as a general rule, attributed directly to the department in their origin. Of the 17,906 cases thus remaining, there are 2,580 cases of timber trespass, and 1,767 cases of unlawful inclosures. We have also 1,445 court cases, none of which cases can well be eliminated by any process short of field investigation or trial in court. |