Senator WALSH of Montana. So that whatever came in in the way of applications for patents to these oil-shale claims, would, if you remained in Washington, come under your supervision and your recommendation? Mr. KELLEY. That is true. I would like to very much to make a statement. Senator WALSH of Montana. Not at this point, Mr. Kelley. I want to clear up the matter we are pursuing. The CHAIRMAN. Let that come in its order after this particular matter has been completed. The committee will recess until 10 o'clock to-morrow morning. (Whereupon, at 11 o'clock a. m., the committee recessed until Friday, February 27, 1931, at 10 o'clock a. m.) OIL SHALE LANDS FRIDAY, FEBRUARY 27, 1931 UNITED STATES SENATE, COMMITTEE ON PUBLIC LANDS AND SURVEYS, Washington, D. C. The committee met, pursuant to the recess, at 10 o'clock a. m., in the committee room of the Committee on Interstate Commerce, Capitol, Senator Gerald P. Nye presiding. Present: Senators Nye (chairman), Glenn, and Walsh of Montana. Present also: Hon, Edward C. Finney, solicitor, Department of the Interior; Northcutt Ely, executive assistant to the Secretary of the Interior; U. E. Goerner, Esq., assistant law examiner, General Land Office. Senator GLENN. I have here some statements from officers and employees of the New York World, and photostatic copies of statements by various officers and employees of the New York World, and photostatic copies of telegrams and letters concerning their negotiations with Mr. Kelley. Senator WALSH of Montana. I haven't the slightest objection to putting those in the record, but I was going to suggest to you that the probabilities are there will be no controversy about that at all. Senator GLENN. I think it will be best to have them incorporated in the record. These are photostatic copies furnished by the New York World in response to a letter from the Secretary, and the originals were brought to me by Mr. Thurston of the New York World that I might go over them and see whether or not the subpoeaning of the witnesses from New York might be avoided. Senator WALSH of Montana. Very well. Senator GLENN. These editorials from the World, I do not think they are in the record, are they? Senator WALSH of Montana. No. Senator GLENN. I would like to have these photostatic copies of the New York World, concerning this oil-shale situation, incorporated in the record, and photostatic copies of certain placards used to advertise the stories, and here are some copies of documents and excerpts from diaries of the commissioner of the General Land Office, and some sick leave cards, photostatic copies of sick leave applications and permits, and things of that character, that I would like to have incorporated in the record. I think that is perhaps all except there is one sheet that does not explain what it was, and I would like to have these documents incorporated in the record in their chronological order. 303 Mr. Ely, will you kindly arrange them in chronological order for the reporter? Mr. ELY. Yes, sir. Senator GLENN. Now, I have this chronological survey which I submitted to you yesterday. I would like to have that incorporated also. Senator WALSH of Montana. Very well. (The documents above referred to are as follows:) DOCUMENTS COVERING KELLEY'S TRANSACTIONS WITH THE NEW YORK WORLD AND ACTIVITIES IN THE GENERAL LAND OFFICE, IN CHRONOLOGICAL ORDER (July 23, 1930) FROM COMMISSIONER MOORE'S DIARY July 23, 1930, Kelley was the subject of discussion at morning conference and in the P. M. Mr. Burlew, in the presence of Mr. Obenchain suggested that Kelley be requested by wire to advise when he is to be expected and that Obenchain prepare a letter of instructions to Kelley to be delivered upon his arrival. Annual leave at Denver and the day of departure (3.45 p. m.) from Denver en route to Washington (from his daily report) leave card, annual, dated July 23, 1930, for 31⁄2 hours-9 a. m. to 1 p. m. (July 25, 1930) Address only the Commissioner of the General Land Office. Mr. RALPH S. KELLEY, Washington, D. C. DEPARTMENT OF INTERIOR, GENERAL LAND OFFICE, DEAR SIR: Under the Secretary's letter to you of July 7, 1930, you were assigned to this office for work on oil-shale claims. It is desired both by this office and the department to expedite final action on cases involving oil shale. You are therefore directed to take charge of such work in this office under the supervision of myself and my staff and take such steps as will bring about the desired results. Very respectfully, C. C. MOORE, Commissioner. (July 25, 1930) July 25, 1930. Kelley arrived Washington 4.40 p. m. (from report of daily movements required of field officers, and filed by Kelley; date of filing not shown). (July 28-August 4) DEPARTMENT OF THE INTERIOR - AUGUST 11, 1930. 19--; I, Ralph S. Kelley, ask to be excused for hours to-day Office. A. C. BEACH, Acting Chief Field Service, General Land Office. Leave heretofore granted this year, annual, 1114; sick, 2. Approved for sick, 8. Approved. H. C. GAUSs, Chief Clerk. Return to duty must be noted immediately and signed and returned to chief clerk. Leave without pay is approved for Address while on leave days. Chief Clerk Department of the Interior. to I solemnly swear that my absence from 19--, was entirely due to personal illness; that I employed no physician, but during said period was wholly unable to perform official work or to be present at my post of duty, and was confined to my residence at period. Street during said 19__. Notary Publio. CERTIFICATE OF ATTENDING PHYSICIAN, TO BE FILLED IN BY PHYSICIAN I hereby certify that I am a duly qualified practitioner of medicine and that I personally attended Ralph S. Kelley in my professional capacity from July 28 to August 11, 1930; that during said period I treated him on July 28, 29, August 8 at my office and during 8 days he was actually physically disabled for the performance of his official duties. GEO. R. HUFFMAN, 17 Du Pont Circle, Washington, D. C. AUGUST 11, 1930. (July 28-February 5) MR. WALTER LIPPMANN'S STATEMENT IN RE KELLEY-STATEMENT FOR MR. F. D. WHITE IN REGARD TO THE KELLEY CASE On July 28 or July 29 Mr. Ralph S. Kelley telephoned my office from Washington. This call was transferred to my home where I was ill in bed. I had never heard of Mr. Kelley at the time. He stated that he had an urgent matter of public interest which he wished to explain to me confidentially. I asked him whether the matter he had on his mind was intended for my own information as guidance in conducting the editorial page or whether it was intended for publication as news. He said it was news. I thereupon told him that in that case he must take up the matter with the news department through the Washington bureau. He replied that it was highly confidential. I told him that our Washington bureau was used to receiving highly confidential information and that it had never yet broken confidence and that I could not see him until he had talked with a representative of the Washington bureau. Mr. Kelley finally consented to talk with a member of the Washington bureau. I thereupon requested the news department to instruct the bureau to see Mr. Kelley and report on what he had to say. Mr. H. E. Bryant of the Washington bureau saw Mr. Kelley on July 29 and reported that Mr. Kelley had been in the Government service more than 20 years, that he possessed very valuable information, and that the general appearance of the man and his story justified our inviting him to New York for a conference. After consulting with Mr. Pulitzer I wrote to Mr. Bryant on July 30 saying that we would be glad to see Mr. Kelley if he would come to New York, and to pay his expenses, asking that he bring an outline and sample of his material. Mr. Kelley replied on August 1, asking for an appointment for several hours' talk on Monday, August 4. I wired in reply that Monday was an inconvenient day and would let him know later when to come. I finally asked Mr. Bryant to arrange an appointment at the New York office for Thursday, August 7, at 2.30. Mr. Kelley arrived at my office on that day and Mr. Renaud, the managing editor, and I saw him. I heard a general outline of his story for about an hour and was greatly impressed with his evident honesty and sincerity, and with the carefulness of his statements and the range of his technical knowledge. As soon as it was made plain to me that what he was proposing to do was write a series of articles for the news columns I took no further part in the discussion, as is our practice, leaving the matter entirely in the hands of the managing editor, who is in charge of the news. I had no further communications with Mr. Kelley after that day, except when I met him once or twice casually in Mr. Renaud's office and shook hands with him. I was present at the council meeting on August 11, at which Mr. Renaud presented his report on Mr. Kelley's material and I voted with the other members of the council in favor of printing the material if it could be purchased at a price satisfactory to Mr. Pulitzer. I then left on a month's vacation and was absent during all the negotiations with Mr. Kelley, and indeed had no further part in the matter and did not see his articles until they appeared in print. When Mr. Kelley resigned I formulated for the guidance of our editorial writers the policy which had been agreed to in the council of August 11. It was that the paper would not support Mr. Kelley's contentions, since we were not competent to judge so technical a dispute; that we would take the position that Mr. Kelley's long service, admirable record, and evident expertness entitled him to a hearing; that so far as the World was concerned it would ask only that his charges be impartially examined by a Senate committee, and that the World would consistently decline to anticipate the verdict of such a committee. That policy has been followed by the editorial page of the World. W. A. LIPPMAN. NEW YORK, February 5, 1931. (July 29: Bryant to Lippman) NEW YORK WORLD, WASHINGTON BUREAU, MY DEAR Mr. LIPPMAN: I saw the man Kelley to-day but got very little out of him. He said that you had given him a fright by saying that if he would tell the World man his story, then we could check up on it and get the information in a way not to involve him. That is not what he wants. After a long talk with him I came to the conclusion that he would like to hire out to the World and give up his Government position. He has been with the Government more than 20 years and no doubt has very valuable information that would make a series of excellent stories. I told him that if he wanted to sell his information that he should see you or some one else in the New York office who would have the authority to deal with him. That seemed to interest him. He asked me to communicate with you. My suggestion is that you invite him over and go over the matter with him. He is very nervous lest he lose his job. I told Kelley that your suggestion was the right one if he just wanted to let the public know about the crookedness he hints at. I think Kelley has a real story and that he can back it up with documents, but he is sure that no one can dig it out without his assistance. Please write him or me extending him an invitation to see you in New York. I hope your cold is over by this time. 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 today. (July 29-February 7) MOORE, Commissioner. STATEMENT OF RALPH E. RENAUD I met Mr. Ralph S. Kelley for the first time on the afternoon of August 7, 1930, when Mr. Lippmann and I listened to some of the details of his story. I had not previously heard of Mr. Kelley except from Mr. Lippmann, who told |