The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-11-10


msrt OF the interior department were
drawing UP n decision conforming TO Nj.
Dennetts view that under the new law
tho former fraudulent entries could be
made good and consolidated My opin-
Ion was asked, and / said that the law
only, allowed bona nde entries 10 con
could get around that.
On the following day Mr.. bennett, In a
conversation, told me TO make my. reports
In conformity TO his decision and at my
request letter was sent TO me on May
"a directing mo so TO report,
on the 26th reported thai, according
10 the decision rendered by the Interior
department, IT useless TO proceed
with amy further investigation, and that
port rs? claims. including the Cunning
ham group. for the consideration OF the
commissioner under this decision. The
follows:
Department of the Interior, Washing
ton, May 10. 1903,
Land Office.
''sir-Reterring TO your recent request
for instructions relative TO unprotected
coal land entries within Alaska. made
OF the act Of May 2S, 1905 (35 stat 42D
concerning which you report that under
been entered into looking to the transfer
and consolidation Of the entries into
groups, in order TO secure such acreage
az would warrant the economic develop
ment OF the groups, and that application
is now being made to perfect such en-
I tries ~, under said act, ] hsve ,odS TO advise
curative act and should be literally con-
strued 80 as 10 further tho object intend
cd to be advanced by said legislation
namely. the consolidation OF coal claims
in Alaska, Initiated prior to November H.
1906. through means OF. associations or
corporations, so as to permit OF the ,oas &C
tions not exceeding 1869 acres,
Positive Orders Given,
There are. OF course. conditions re-
spectne the qualifications Of the persons
constituting the association or corpora
tion making tho consolidated entry, its
length. etc, with respect TO which your
Inquiry has no relation. IT Is assumed
that the difficulty with which your Office
is confronted in passing upon these ap-
plications IS merely that technical object
might nave been raised as TO the GOOD
faith of the claimant or entrymen be-
cause of the understanding. arrange
completion Of such entries prior
70 the, passage Of the act OF May
2S, 1908. With respect thereto 7 am of
the opinion that to so limit the scope
and purpose Of the act Of 1905, ns to
refuse privilege 10 perfect such claims
under itg liberal provisions, solely be-
cause of such previous arrangement or
agreement, is unWarranted, and that In
passing upon entries sought 10 be per
(cctcd under the act of 1908, where the
only objection thereto is an arrangement
or agreement OF the character spccih-
cally described in your letter, the same
might and should be accepted and passed
to patent, Very respectfully;
(Signcd) CRANK PIERCE.
First Assistant Secretary
] was then in a very difficult position,
know what the law was and my SUI
periors were against me. II ! accepted
their ruling 100000 acres OF Alaska coal
lands were slipping from the United
States with no hope of recovcry-and
| yOi In ri n
were fraudulent The chance for the
wise regulation Of Alaska coal lands
urged by President Roosevelt would be
gone
Went to Wickersham,
Without consulting with my superiors
/ went 10 the attorney general and stat
ed the matter to him. I understand that
he asked Mr.. Ballinger to refer the mat
ter Ia him. Mr.. Ballingcr requested me
to withdraw my report which showed
that If the Pierce decision wac correct
the government had no ground TO object
TO any OF the Alaska claims.
I withdrew that report. Ten days later
the attorney general delivered an opinion
on the quc;s stiop, It is long and ! shall
ruled the Pierce decision on every point
upheld my contention. and saved the
Alaska coal cases.
Ono other fact arose on my visit to
Washington (and OF this have no docu-
mentary evidence). In my conference
with Mr.. Ballingcr I stated to him that l
was EOlnS TO sec ono OF tDc congressman
regarding whose participation in Alaska
coal cases had sworn testimony; he re-
piled that there had been too much of
this sort OF thing and that was a matter
for congressional investigation. In con-
sequence, after consultation with other
government officials | decided not TO sec
any congressman. but I afterward found
out-from sworn testimony obtained by
me and now In the land office--that Mr..
BallinGer had about a year before repre-
scented congressman In Alaska coal mat
lnrG he n.sr irai III NJ No ctl " da
allotted for the completion of my reports,
telesTaphed that / was getting new evil
dence, and that could not consistently
make final reports while further evidence
was available, Cunningham cases includ-
ed. and that the time should be extended
at least sixty days longer.
a dispatch from the general land office
that the reports must be submitted at
once and that an agent would be sent TO
Seattle to take charge of the investlga-
tiou. ] urged by the letter and telegrams
to tho commissioner postponoment for
field investigation. On July | was tn
formed by letter from the general land Of
1ce that the Cunningham cases would go
to trial at once and the evidence would
be submitted 10 Commissioner bennett
without having the Alaska land office
pass on the claims first I believe that
no precedent can be found in tho entire
history OF the land Office for such action.
Went to Ballinger,
On the 18th received a telegram from
the land office sd Ying Mr., Sheridan would
report to assist me I'm the trial. Mr. Bal
lnger was then in Seattle and I went to
see him and called his attention TO my
written demand for field examination.
Mr. Ballinger said he thought the Gun
nInGham group would admit that the land
was being developed ns a whole I teIe-
Graphed TO Commissioner bennett that ut
the suggestion OF the secretary of tho In
terror I wanted 10 know whether my re-
port (urgins field cXaminaton) had been
considered when the last telegram was
sent. In reply, on the 18th. the land
Office wired that Mr., Sheridan would re.
port 10 take full charge OF the cases,
At that time I felt very Respondent
about tho outcome Of these cases. My
conversation with Secretary Balllneer
the fact that Mr., bennett was TO be the
Judge I'm the case and tho difficulties
had had with the land office in my
, preparation OF tho case, led me. without
consulting my superIors. TO appeal TO
the department OF agriculture to inter
vene This il did. and requested an ad-
journment until the field examination
could be made.
on July II, 1909. Mr. Sheridan super
seeded me in charge of the Alaska land