seen the originals
of the letters from you and Senator Mitchell quoted therein. I do not
at this time desire to discuss the report itself, which of course I must
submit to the Attorney-General. But I have been obliged to reach the
painful conclusion that your own letters as therein quoted tend to show
that you recommended for the position of District Attorney B when you
had good reason to believe that he had himself been guilty of fraudulent
conduct; that you recommended C for the same position simply because it
was for B's interest that he should be so recommended, and, as there is
reason to believe, because he had agreed to divide the fees with B if he
were appointed; and that you finally recommended the reappointment of
H with the knowledge that if H were appointed he would abstain from
prosecuting B for criminal misconduct, this being why B advocated H's
claims for reappointment. If you care to make any statement in the
matter, I shall of course be glad to hear it. As the District Judge of
Oregon I shall appoint Judge Wolverton." In the letter I of course gave
in full the names indicated above by initials. Senator Fulton gave no
explanation. I therefore ceased to consult him about appointments under
the Department of Justice and the Interior, the two departments in which
the crookedness had occurred--there was no question of crookedness
in the other offices in the State, and they could be handled in the
ordinary manner. Legal proceedings were undertaken against his colleague
in the Senate, and one of his colleagues in the lower house, and the
former was convicted and sentenced to the penitentiary.

In a number of instances the legality of executive acts of my
Administration was brought before the courts. They were uniformly
sustained. For example, prior to 1907 statutes relating to the
disposition of coal lands had been construed as fixing the flat price at
$10 to $20 per acre. The result was that valuable coal lands were sold
for wholly inadequate prices, chiefly to big corporations. By executive
order the coal lands were withdrawn and not opened for entry until
proper classification was placed thereon by Government agents. There was
a great clamor that I was usurping legislative power; but the acts were
not assailed in court until we brought suits to set aside entries made
by persons and associations to obtain larger areas than the statutes
authorized. This position was opposed on the ground that the
restrictions