The Washington times., 1909-11-09

claims. A reversal of that decision on
every point was Obtained from Att0r-
ney General Wfct1ersham. Had ia not
been Tor Mr.. Wfckersham's decision
every fraudulent Alaska claim would
have gone to patent.
7 assert that in the spring Of 1909 the
Land Office urged me to an early trial
or these cases before the Investigation
was finished. and when Secretary Bal
finger, as the President has stated, knew
that the Cunningham claims were In
valid When appealed 70 Secretary
Ballinger for postponement, ne referred
me TO his subordinates. The Depart
ment Of Agriculture INTERVIEWED. I was
superseded In the charge of the cases,
and the man who superseded me en-
dorsed my recommendations, and the
pOstponement was granted Immediate
" thereafter / made my report on the
Cunningham cases to President Taft,
and was dismissed from the service for
characterization.
Broader Issues.
The President has seen fit &c raise
broader issues than those contained in
my report. In view OF this fact, I shall
In this report use material not favorable
TO the people concerned which I did not
Use In my report to the President. be-
cause these facts did not Immediately
concern the Cunningham cases.
The first official communication to the
or all of the Alaska coal claims were
fraudulent was made by Special Agent
II. X. Love in October. 1905. In June,
1907. Special Agent Horace T. Jones was
detailed by Mr. Fred bennett, First As
sistant Commissioner of the General
Land Office. 10 make a complete investi-
cation. subsequently. Jones was In
EtrUcted by Mr.. Ballinger TO make the
report a preliminary one. Jones report
ed on August TO- 1907 requesting further
Investigation by an experienced and
fearless agent" On August 2, 1907, Love
made a report favorable to the issuance
OF patents TO the Cunningham claims.
My first connection with these eases
WAS when in the fail OF 1907 I dis
covered tn Seattle while investigating
other matters, that some o: ali of
dhe coal claims were not bona fde.
My report OF this matter 10 Mr. Bal
Finger stated that one claimant had
refused me an affidavit on the ground
shdt Mr.. Batiinger himself had told
some OF the claimants to make no
statement untI the charges were
made, In order that they might
that I could not believe this statement.
Mr.. Baihnger never commented 10 me
an this phase of my report.
Ia December. 1907. / was called to
" ashingtOn, and explained TO Mr. Bal
finger. then Land Commissioner, what
including the Cunningham claims
also stated that the Department of Jus
Sice would know these facts and would
investigate them II the Land office did
not Mr.. Ballinger told me he was a
friend OF many of The claimants but
that 1 was authorized 10 90 ahead and
slNesllgate al these claims, no matter
what the result. He then wrote me a
3ettef, putting me in charge Of the in
Yestigation Of ali the Alaska coal
claims. II was agreed by Mr.. Balm
"a an asaHr ~
love was candidate for United states
faarshal IN Alaska he was not ia q pol
Eltlon 10 make an impartial investiga-
zion AT our conference IN December /
t907, the good faith of the Alaska en-
tries was discussed by Mr. Rallinger !
Dn January Z. 1905 ten days afterward.
81 bennett, Assistant Commissioners, /
Ae4lned me. as investigator Of the
whole field, that the Cunningham
claims had been approved for patent /
On the Love report. Three days before
this telegram signed r. A Balm
ger was sent TO Love in Alaska, direct /
ing him 70 forward the plats which the /
Land OIIice would require In issuing /
patents 10 the Cunningham claims /
Again, on January II, 1908. a telegram 4
was sent signed with Mr. Bauinger's j
nas1e, 10 Love, asking him whether he I
glao acted on the previous telegram. /
Love autographed that he had sent the I
plats. The envelope of this telegram 4
IN the Land Office was indorsed ''Iand 4
70 Carr, .. K. Carr" Carr was then
private secretary 70 Nj. Ballinger.
On January To- 1913, Cunningham. agent /
Cor the claimants. wrote letter 10 the
Juneau Land Office. In which he said:
The Commissioner mir. BaiiIngerI +
has furnished with copies of an
{ he correspondence and kilograms re-
eating 40 our entries between the
HFiOus special agents and also with
pour office
! up to date everything seems TO have
peen approved By each department
ehief, so now our only delay viii be
pccaslOned through failure TO receive I
piats according 10 Judge BalIinger's ad-
If the Cunningham claims had then
gone 70 patent, 300 acres Of coal land
containing, according % Mr. Cunning
pam expert, 9l.000,0 00 tons OF coal
would have gone 10 the Cunningham Z
group without adequate Investigation OF
ltle- When the Cunningham claims
were ordered TO patent. Mr. BaIIfne,er
hnd his assistants must have known
from the reports OF Special Agent Jones
no myself the suspicious character Of
Here was my first dilemma. I did not
wish 10 protest 10 Secretary Of the IN
Lerior Garfield against the action OF The
commissioner and I did not Ike to see /
49,, ,.'.., acres or coal lands go TO the Cum Z
nlngham group when / believed the
claims fraudulent. I did protest frnnne-
1iately, BY telegram and letter. direct
% Commissioner Ballinger against the Z
-AN----~ Va ~@tN patents
Order Is Revoked. I
The order clearlisting the Cunning I
lam claims to patent was almost 4
Immediately revoked. and, on March j
!. 1903. I again took up the work I
IN these claims Special Agent
Jones and ], at Wallace Idaho, pro- c
cured afhdavits Of Cunningham claim {
ants showing their intention 70 consoI- (
late their claims. Then we went To [
zee Cunningham Cunningham stated a
hat he had heard that some one com n
blamed that ne was taking claims for G
he Guggenheims. (The Jones report 10 O
3allinger contained the allegation that :
ID indications pointed TO the Guggen- q
Ieims, but Il does not appear how Cum I
ingham got this confidential informa- {
ionl In order TO refute this charge
cunningham showed us his books Z
'hese books contained a memorandum I
4 agreement, dated 1903, between the e
ntFymen TO consolidate the coal lands. =
his agreement was illegal for two 4.
easOns-because IL attempted 10 con =
olidate more than the law allowed, and y
ecause the agreement showed that the a
an 9 rsrffl IA a4- I ~