The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09

CdNlIS d CUNNINGHAM cldilildnlS SiAO W
iIg their intention to consolidate tnelr
claims. Then we went to see cunning,
ham. Cunningham stated that ne had
heard that some one compia1neo tndl
he was taking claims for the Gugsen-
helms. (The Jones report to BalHnger
contained the allegation that all indl-
cations pointed to the Guggenhelms'
but it does not appear how cunning
ham got this confidential informa1lon,.
I'm order to refute this charge,
| Cunningham showed us his books
/ These books contained a memorandum
f agreement, dated 1903. between the
| entrymen to consolidate the coal lands.
This agreement was Illegal for two rea-
sons-because it attempted to con-
| solidate more than the law allowed,
End because the agreement showed
| that the entrymen took up. the iano
with the. intention of deciding 1t to
company and giving Cunningham one
eighth of the stock.
"Afterward, and while Jones and
were taking Cunningham's af1davlt,
| Ex-Governor Miles C. Moore of Wash
| ington, one of the Cunningham claim
ants, came in and stated that he had
| lad a recent interview with Mr. Bal
! .;nger in Washington, and that MT.
Rallinger would have patented the
/ Cunningham claims but for my pro-
| test. This information given Moore,
! and announced by him in Cunning
hams presence, came near preventing
/ my obtaining the affidavit from Gun
| tanned by this claimant, Miles Z.
Moore, from the land Office in Wash
| ington, considerably hampered me in
my effort to get evidence. The giving
cut of such information was contrary
TO express regulations of the interior
| department.
"By order of Mr.. bennett. by tele-
gram and letter, was taken off the
Alaska cases in May, 1908. and ordered
on other work. The reason given for
this action was lack OF funds. l re-
| ported by telegram that delay of the
| investigation would greatly lessen the
governments chance to secure evil
| dence
| I'm October, 1908. I was ordered
| back to the Alaska cases by letter of
| Acting Commissioner Schwartz stating
| that my work fhad been suspended
/ rending legislation.
| Quotes BaIIinger Before Committee.
| ssMr. Ba1linger retired as commits
sicner of the land office in March,
| 1905. A few days before, while still
an officer of the United States, Mr..
committee on public lands in favor of
the Gale bill, then pending. In the
course of his statement he said:
The last section of the bill provides
| for consolidation of existing entries
and does not call for the proof of good
faith of the original entry or location.
| There are great many charges pend
| ing against some of the original en-
tries in Alaska. At the time these fields
were located, corporations were organ
/ lied. The men had really no method
of taking advantage of these coal
measures. 1t resulted in their getting
involved in conditions which. upon the
records of the land office, are a techni-
cal violation of the statute, and it is a
situation which should be cleared up.
| In my estimation it has not been the
intention of the people in the field nor
| in Alaska to put them in hostility to
IL !. fI..,xv L., - zoef
ton where they could not, by virtue of
| the circumstances, accommodate them
selves to the laws, and with this last
provision they could transmute their
| present entries into the form suggested
by this bill and those new entries
would be treated as primary entries. In
other words, it would be. an abandon
ment of the old conditions which have
| made a great deal of difficulty in the
matter of the disposition of the land il
many instances.foey az - srs 80
when Mr.. BallingeF. made this state
ment (befores the committee on public
| lands) he was urging a change in the
law by which fraudulent entries would
| ham group and the other Alaska claims
i would have received patents to prac-
| tically 100000 acres of Alaska coal
fields. Whether or not we agree that 4
fraudulent entry is technical viola
ton of a statute, there seems little
informed as to- the defects in the
Alaska coal claims (Which included the
Cunningham group).
Attorney for Cunningham Group.
1T is with Mr.. Ballinger's testimony
before this committee in mind that we
come to the next step. Within a short
time after he resigned, Mr.. BallingeI
became attorney for the Cunningham
Il group of claims.
'.There was at that time, and now is
| IN, Cfo f11fa Of he mil cd q foe
which says:
"It shall not be lawful for any per-
sen appointed after the first day of
June, 1872, as an officer, clerk, or en-
ployee in any of. the departments. to
act as counsel, attorney, or agent for
prosecuting any claim against the
United States which was pending in
either of said departments while he
was such an officer, clerk, or employee,
nor in any manner, nor by any means,
; to aid in the prosecution of any such
claim, within two years next after he
shall have ceased to be such officer,
| clerk, or employee.
This is the only statute that know
, Of regarding the improperly of a gov
eminent officer taking claims against
: The government after his resignation.
Answers President Taft.
"Of that employment, President Taft
las said: in the interval, when you
were not holding office. one of the
3 Cunningham coal claimants consulted
you in regard to the prospect of Sc
curing a patent upon the claims. and
invited your attention to the character
/ OF certain evidence which was being
5 used to impeach the validity of the
= Claims by Special Agent CLAWS Yor
f ccepted the employment; visited Sec
S rotary Garfield and Commissioner
bennett; presented the question te
them in respect to which you had beer
consulted; found that there was ne
proba bility of securing patent of the
claims without presenting them under
!, recent remedial legislation imposing
I | conditions which the claimants were
You so advised your clients. To pa.
, your travelling expenses and for you
e services you received $3.50 and nj
8 more.