The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-11-09

this statement Mr. Ballinger never
commented to me on this phase OF my
report. In December. 1907. | was call
ed 10 Washington and explained to Mr.
Ballinger, then land commissioner,
what | had found out about all the
claims. including the Cunningham
claims. / also stated that the depart.
ment of justice would show these
facts and would investigate them if
!he land Office did not Mr. Balllnger
told me he was friend of many of the
claimants, but that I was authorized
TO go ahead and investigate all these
claims, no matter what tho result He
then wrote me letter. putting me in
charge oil the investigation OF all the
Alaska coal claims. 1t was agreed by
Mr.. BallinGcr that, inasmuch as Spec.
ial Agent Love was a candidate for
United States marshal In Alaska, he
was not in a position 10 make an Inn
partial investigation At our confer
ence I'm December, 1907, the good faith
OF the Alaska entries was discussed
by Mr. Ballinger. On January II.
1908, ten days afterwards, Mr Den
nett assistant commissioner. notified
me as Investigator OF the whole field,
that the Cunningham claims had been
approved for patent on the Love re-
port Three days before this tel
egram. signed r. A. Ballinger,' was
sent to Love In Alaska. directing him
to forward the plats which the land
Office would require in issuing pat
entS to the Cunningham claims. Again
on January II, 1908, telegram was
sent. signed with Mr.. Balllnger's
name, to Love, asking him whether
he had acted on the previous tele-
gram. Love telegraphed that he had
sent the plats The envelope of this
telegram In the land office was en-
dorSed Hand to Carr, o. K Carr
Carr was then private secretary 10
Mr.. Ballinger
A Leak in the Land Office.
On January Is 1908. Cunningham.
agent for the claimants. wrote a let
ter to the Juneau land Office In which
he said.
THE commissioner (Mr. Balllnger)
has furnished us with copies of all the
correspondence and kilograms relat
ing to our entries between the var
ious special agents and also with your
Office Up to date everything seems
to have been approved by each de
partment chief. SO now our only de-
lay VIII be oCcasloned through failure
to receive plats according to Judge
Ballingers advice
If the Cunningham claims had then
gone to patent, five thousand acres of
coal land, containing, according TO Mr.
Cunningham expert. 81 100000 tons
of coal would have gone to the Gun
nlnGham group without adequate in
yestigatlon of title When the Gun
ningham claims were ordered 10 pat
ent, Mr.. Ballinger and his assistants
must have known from the reports
of Special Agent Jones and myself,
the suspicious character of these
claims
Here was my first dilemma | did
not wish to protest to Secretary Of
the Interior Garfield against the ac-
ton of the commissioner and I did
not like TO see five thousand acres Of
coal lands go TO the Cunningham group
when | believed the claims fraudulent
I did protest Immediately, by tele-
gram and letter. direct to Commits
sioner Ballinger against the issu-
ance OF patents The order clear
listing the Cunningham claims TO pat
ent was almost Immediately revoked
and. on March l. 1908. again took up
the work on these claims. Special
Agent Jones and ], at Wallace, Idaho. |
procured allidaVltS Of Cunningham
claimants showing their intention to
consolidate their claims. Then we
went TO see Cunningham Cunning |
ham stated that he had heard that |
some one complained that he was |
taking claims for the Guggenheims, |
(The Jones report TO RallinGer con
tanned the allegation that all indica-
tlons pointed to the Guggenheims, but |
It does not appear how Cunningham |
got this confidential infoTmationD In |
order to refute this charge, Cunning.
ham showed us his books. These
books contained memorandum Of
agreement, dated 1903, between the
entrymen to consolidate the coal lands
This agreement was Illegal for two
it attempted to con-
solidate more than the law allowed
and because the agreement showed
that the entrymen took up the land
with the intention of deciding II to a
company and giving Cunningham one
eighth Of the stock
Afterward. and while Jones and |
were taking Cunningham's affidavit.
Ex-Governor Miles c. Moore OF Wash
ington, one of the Cunningham claim
ants, came in and stated that he had
had recent interview with Mr.. Bal
lipger in Washington and that Mr..
Ballinger would have patented the
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 Cum
ningham. In fact the information
obtained by this claimant. Miles c.
Moore. from the land office in Wash
ington. considerably hampered me In
my effort TO get evidence. The Civ
ing out of such information was con-
trary TO express regulations Of the in
terror department.
BY order OF Mr bennett, by tele- |
gram and letter. I was taken off the
Alaska cases In May, 1908. and order
ed on other work The reason given
for this action was lack of funds. /
by telegram that delay of
the Investigation would greatly les
sen the governments chance to Sc
cure evidence.
In October 1905, | was ordered back