In order to prosecute the oil cases, I suggested and the Congress enacted a
law providing for the appointment of two special counsel. They have pursued
their work with signal ability, recovering all the leased lands besides
nearly $30,000,000 in money, and nearly $17,000,000 in other property. They
find themselves hampered by a statute, which the Attorney General construes
as applying to them, prohibiting their appearing for private clients before
any department. For this reason, one has been compelled to resign. No good
result is secured by the application of this rule to these counsel, and as
Mr. Roberts has consented to take reappointment if the rule is abrogated I
recommend the passage of an amendment to the law creating their office
exempting them from the general rule against taking other cases involving
the Government.