Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-08-26
ONLY OM|NOUS LULL L|STANDS TEST OF T|ME|
No New Developments in In Maj Morrow Speaks Well of
terror Department Case. Washington AqIeduct
EXPLANATIONS IN ORDER REPORT ON WATER SYSTEM
Silently Preparing Report Condition
the President. sity Additional
TAFT MAY LIFT LID CARRYING CAPACITY AMPLE
of
10
Officials Silently Preparing Report
for the President.
TAFT MAY LIFT UP THE LID
If He Doesn't Open Up the Cum
ningham Land Case Others
May Do It.

In the celebrated case of CLAWS agt.
Interior Department Officials there were
no developments today. Respondents
were at work upon their explanation to
be sent 10 the President. and pending
that report had nothing to say.
Rumors there were in plenty. the cir
cuma mbient atmosphere as full of them
as of the caterpillar fuZz that is blowing
about and making folks sneeze, but un-
substantiated by official backing. While
the general tenor of the CLAWS charges
is known. only few officials are aware
OF the specifications. if any. and they
will not tell.
As stated in The Star yesterday. the
report Of Mr.. CLAWS was made to the
President He is understood to have at
tempted to show that high officials Of
the Interior Department were unneces-
sarily concerned in the expedition Of
what are known as the Cunningham
claims to valuable coal lands in Alaska.
President Wants to Know.
The President called upon the depart
ment officials for a report upon the mat
ter.
\ decision by First Assistant Secretary
Frank Pierce of the Department OF the
Interior. now acting secretary. dated May
II 1909 it is declared here. would have
clear-lsted and patented the Cunning
ham claims had not Attorney General
Wickersham overruled his action upon an
appeal made by Louis r. CLAWS.
In this decision, addressed to the COM
missioner of the general land Office and
referring. it is declared in some quarters,
To the cunningham case, Mr.. Pierce said:
- have to advise you that the act of
May ~. 1905, was d curative act and
should be literally construed SO as to
further the object intended to be ad-
consolidation of coal claims in Alaska, in
itiatcd prior to November IL. 1906
through tie means OF associations or
corporations. SO as to permit of the ac-
quircment of title to contiguous loca-
tons. not exceeding 200 acres.
Calls Difficulty Technical.
1t is assumed that the difficulty with
which your office Is confronted in pass
ing upon these applications is merely that
technical objection might have been
raised as to the good faith of the claim
ant or entryman, because of the under
standing, arrangement or agreement con-
templated or entered into with respect to
the completion of such entries prior to
the passage of the act of May 2S, 1903.
With respect thereto, 1 am of opinion
that to so limit the scope and purpose of
the act of 1908, as to refuse the privilege
of perfecting such claims under its liberal
provisions, solely because of such pre-
vious arrangement, is unwarranted, and
that in passing upon entries sought to be
perfected under the act of 1905 where
the only objection thereto is an arrange
ment of the character specifically de-
scribed in your letter, the same might
and should be accepted and passed to
patent"
After reciting the question at issue Mr.
Wickersham. in his opinion overruling
Mr.. Pierce. said:
II am of the opinion that If the agree
mentS or arrangements mentioned in your
letter were entered into by locaters Of
coal lands in Alaska after they had made
their locations in good faith and in their
own interests alone, such locations may,
under the provisions of the act Of May 2S.
1908, lawfully pass TO entry and patent
in accordance with the terms of said act.
on the other hand l am of the opinion
that if such agreements or arrangements
were entered into prior to such locations
being made such locations do not come
within the provisions of said act and can
not be lawfully passed to entry and pat
ent.
Will Taft Lift the LidP
In the department and out of it fur
Their developments are awaited with the
keenest interest. The sossips go so far
10 say that the President is confronted
by situation which will force him 10
take action. and that il he does not there
viii be an outburst of publicity through
press channels which will create a scan
,Ial.
II is said that western newspapers are
in possession of information which they
Viii spring as a last resort that will make
interesting reading. For the present. il is
declared. these data are being withheld to
allow the President 10 take the initiative
IL. tir,.r Il