years' assessment work or it can be done in a shorter time); (2) a discovery must have been made. The department's handling of patent applications has been the focal point of attack. The locators say: The objections to your handling of contests of locations all apply here. As to the $500 patent work, the objection is stronger, because much of this work was done when costs were high and labor inexperienced, 1920-21, whereas modern standards of efficiency and costs are applied by your engineers. As to the question of discovery, we are satisfied under the FreemanSummers decision. The field division says: As to the $500 assessment work, we have, pursuant to the Secretary's instructions, offered to make a joint field examination in any disputed case, and endeavor to come to an agreement. We are also allowing slight deficiencies to be made good. As to the question of discovery, the Freeman-Summers case is wrong. Our later investigations show that there are great barren strata throughout this area, the land is not solidly mineralized; the Freeman-Summers case should be reviewed, and the locators be required to actually uncover the rich shale at depth. Recommendations: The joint-examination offer has practically disposed of the objection as to valuation. The situation would be helped by an announcement by the Secretary of the present policy of permitting deficiencies in work, if minor, to be made good. ELY, STATEMENT OF RALPH S. KELLEY, FORMER CHIEF OF FIELD DIVISION, GENERAL LAND OFFICE, DENVER, COLO. Senator WALSH of Montana. Mr. Kelley, I want to ask you a few questions. When you came down here at the direction of the Secretary, when did you arrive? Mr. KELLEY. I reached here on July 25. Senator WALSH of Montana. 1930? Mr. KELLEY. Yes, sir. Senator WALSH of Montana. What was the date of the telegram asking you to come? Mr. KELLEY. The date of the letter was July 7. Senator WALSH of Montana. July 7? Mr. KELLEY. Yes, sir. Senator WALSH of Montana. And, you got here July 25? Mr. KELLEY. Yes, sir. Senator WALSH of Montana. What detained you, Mr. Kelley? Mr. KELLEY. I have the letter here ordering me to come to Washington, if you would like me to read that. Senator WALSH of Montana. Well, for the present that is not necessary. The question is: What detained you? 1 Mr. KELLEY. The Secretary, in this letter, directed me to take two or three days to advise the man who was to assume my duties in Denver, before I came to Washington, and then to come on immediately. Senator WALSH of Montana. Perhaps you had better read the letter. Mr. KELLEY (reading): Mr. RALPH S. KELLEY, Chief of Field Division, G. L. O., Denver, Colo. JULY 7, 1930. MY DEAR MR KELLEY: You are hereby assigned to the General Land Office, Washington, D. C., for work on oil-shale claims. It is my desire to complete all pending cil-shale matters at the earliest practicable date, and I believe that your presence here will expedite final action. Mr. A. D. Hathaway, Chief of Field Service, has been directed to proceed to Denver to take charge of the field division there. Upon his arrival you will turn the office over to him, taking two or three days to advise him, as much as possible, as to the affairs of that office, and then imediately report to the Commissioner of the General Land Office. No per diem will be allowed you while on duty with the General Land Office in Washington. Very truly yours, RAY LYMAN WILBUR Senator GLENN. What is the date of that letter? Mr. KELLEY. The date of the letter is July 7, 1930. Senator WALSK of Montana. Why did you take so long to get here? Mr. KELLEY. I did not know for sure whether I was to be returned to Denver or not and, naturally, I had to settle up some of my affairs before coming, and also I was ill for a couple of days there, on sick leave. Senator WALSH of Montana. Well, you arrived here the 25th? Senator WALSH of Montana. And, reported to the commissioner? Mr. KELLEY. I went to see the commissioner within two or three days after my arrival and informed him that I was on sick leave and under the doctor's care at that time, as I had been in Denver, and wasn't able to report for duty. I talked to the commissioner and I talked to the assistant commissioner at that time, and they both fully understood my condition, and in fact, theretofore had called on me at the Ambassador Hotel, where I was stopping. Senator WALSH of Montana. That is, the commissioner had? Mr. KELLEY. Yes; he had called there, but I was not there at that time. Senator GLENN. Commissioner Moore? Mr. KELLEY. Yes. As soon as I was able to report for duty I did so, on or about August 5, and tendered a doctor's certificate. I was under the care of two or more physicians during that time. Senator WALSH of Montana. Well, Mr. Kelley, Mr. Ely has just called my attention to a telegram here to you from Mr. Moore of date July 29, 1930, as follows: KELLEY, Chief of Field Division, General Land Office, Denver, Colo.: Wire immediately why Secretary's instructions July 7 have not been complied with and state when you will arrive here. Mr. KELLEY. I was in Washington four days before that. Senator WALSH of Montana. And, as I understand you, within two or three days after your arrival, which would be as late as the 27th or 28th, you actually called on Commissioner Moore? Mr. KELLEY. I did, but I can't state precisely the date, Senator, because I haven't that in mind. It was within a very few days. Senator WALSH of Montana. Would you have us understand that the commissioner sent this wire after you had called on him? Mr. KELLEY. I would not think so, no; so that it must have been after the 29th. Senator WALSH of Montana. That you called? Mr. KELLEY. Yes. Senator WALSH of Montana. And that was due to your illness? Mr. KELLEY. Yes. Senator WALSH of Montana. On the same day he wired Senator GLENN (interposing). What day is that? Senator WALSH of Montana. The 29th. On the same day he wired Hathaway, apparently: HATHAWAY, Chief of Field Service, in Charge of Denver Field Division, Denver, Colo,: Kelley has not arrived here. Ascertain whether he left Denver with forwarding address and deliver if possible telegram sent to him to-day. So, it seems that you did not call at least until after the 29th. Senator WALSH of Montana. Well, but you actually reported for duty then on August 5. Mr. KELLEY. That is my recollection, Senator, but I have no data as to that. I think it was the 5th. Senator GLENN. I have some information, if you care to have it. Senator WALSH of Montana. Let us try to fix the date. Senator GLENN. Here is a memorandum and here is another one. Senator WALSH of Montana. Here is a memorandum found in the files, as follows: JULY 30, 1930. Kelley arrived. Reported he is under doctor's care, but is ready to see Burlew at any time. This is from Commissioner Moore's diary. Who is Burlew? Mr. KELLEY. He is the administrative assistant to the Secretary. Senator WALSH of Montana. So that apparently it was the 30th when you reported. Mr. KELLEY. I would judge so from that. Senator WALSH of Montana. Then August 1, 1930: Between 4.30 and 5 p. m., Commissioner Moore and Mr. Havell called at the Ambassador Hotel where Kelley was registered, but not in. Cards were left. Senator GLENN. Here are some others. Senator WALSH of Montana. We will not follow that any further. Well, August 5 you reported for duty, then, or thereabouts? Mr. KELLEY. Yes, sir. Senator WALSH of Montana. Well, now, what duty was then assigned to you? Mr. KELLEY. I was given a desk with another clerk in the Land Office and advised that I should take up oil shale matters and act upon them, any pending matters in the land office. Senator WALSH of Montana. Well, did you get a letter of instructions? Mr. KELLEY. I did; yes. Senator WALSH of Montana. And have you a copy of that? Mr. KELLEY. I have the original letter, I believe. Senator GLENN. What is the date of it? Senator WALSH of Montana. July 25, 1930. 'Well, pursuant to this letter, what did you do when you were assigned a desk? Mr. KELLEY. I performed ordinary, clerical duties, that are performed by a law clerk in the Land Office, examining records and passing upon them, and writing letters to registers and to the chiefs of field division. Senator WALSH of Montana. Well, how did the-just tell us about the operation of things. Tell us just what happened. Mr. KELLEY. I knew, Senator, when I left Denver, and when I received the letter of the Secretary, that I was not called in to look after shale matters because every shale application had come through my hands in the Denver office; every report had come through my hands, and I had received a copy of every action letter taken by the department here in Washington on all of those reports, and all of those matters, and I had the complete status of every pending matter, and I knew they were practically all right up to date, and there was scarcely anything to be performed here in Washington, and I knew that that letter of the Secretary was merely a smoke screen to cover my removal from the Denver field division. Mr.. ELY. May I ask what letter of instructions Mr. Kelley is referring to, to make it clear, what he is referring to? Senator WALSH of Montana. That is all in the record. Mr. ELY. It would be helpful if it was put in here. Senator WALSH of Montana. I have the letter before me and it is in the record. Mr. KELLEY. I sent the Secretary a wire immediately following receipt of that letter. I got that letter on July 11. It was written on the seventh. Senator WALSH of Montana. You refer to the letter asking you to come to Washington? Mr. KELLEY. The letter asking me to come to Washington; yes. I got that letter July 11, and on that very day, before I had received the letter, the reporters in Denver, of the daily press, came to me and told me that they had information from the Secretary in Washington that he had written me a letter directing me to come to Washington, which amounted to my removal from office, and that I ought to have received it that day. I had not received the letter at the time. I got it later that day. The letter, as you can see, is Father indefinite is to what the purpose was. Senator GLENN. What is indefinite about it? It says to work on oil shale claims. What is indefinite about it? Mr. KELLEY. It was indefinite as to my status in Denver. Mr. KELLEY. Yes, sir. Senator GLENN. Well, you would not have any if you were removed to Washington, would you? Mr. KELLEY Not if I was removed; no. That is exactly it. I was. So, Lsent the Secretary a wire that very day that I received the letter. Senator WALSH of Montana. Have you a copy of that? Mr. KELLEY. This is the wire. Pardon me, I haven't quite as many people to wait on me, Senator, and it takes me a little while to find these things. Senator WALSH of Montana. [Reading:] DENVER, Colo., July 10, 1930. RAY LYMAN WILBUR, Secretary of the Interior, Washington, D. C.: Please advise whether you intend by your letter of July 7 merely to temporarily relieve me of my duties as chief of field division in Denver since I desire to complete my important work here. Would not care to accept more than a very brief assignment at Washington. This is dated July 10, so you must have received his letter on July 10. Mr. KELLEY. I beg your pardon. I wish to correct my statement; it was the 10th. Senator WALSH of Montana. Did you get a reply to that? Mr. KELLEY. Here is the Secretary's reply dated July 11. Senator WALSH of Montana. The reply is under date of July 11: Unable to state at present just what will be done finally, but new assignment only temporary. Mr. KELLEY. I informed the assistant commissioner, who was then in Denver, and the chief of field service, Mr. Hathaway, who was my immediate superior, that I had no intention to come to Washington to fill a clerical place, and I wanted to know why I was being called in. They professed to know nothing about the reason. After that, I sent this telegram. When I reached Washington, the first thing I did was to go to my superiors in the Land Office. I went to Commissioner Moore, and the assistant commissioner then had returned from Denver, and was in Washington. I went to him, and I went to Mr. Burlew. I wanted to know why I was called in to Washington. I informed all of them that I would not accept a position in the land office more than for a short time, as I had informed the Secretary to that effect, and I wanted to know what I was there for. I said that that was merely an excuse, the letter of the Secretary in calling me in; that could not be the reason at all why I was brought in because the shale work was up to date. They all professed to be totally in the dark as to why I was brought in. The Secretary, on receipt of my telegram, jumped the train and went to California. Senator GLENN. Are you sure he jumped it? Mr. KELLEY. He did not return to Washington to report to the department, so I am advised, until September 26. Mr. ELY. You are mistaken as to the date. Mr. KELLEY. May I not be interrupted? Senator WALSH of Montana. Yes. You better proceed. Mr. KELLEY. I had no opportunity naturally to talk to the Secretary, although the Secretary has stated here that I didn't go to see him while he was here, and the Assistant Attorney General has referred to that same matter in his report, and criticized me for not calling upon the Secretary while he was in Washington, when. as |