Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-12-14

ator from 1oAhO january Id, 1DOd.
In Cunningham's books. under date
Of September. 1908. nine months ar
ter Heyburn's election as senator,
there Is an entry which reads az fol-
lows: Have agreed with w. B.
Hepburn. In consideration for his SER
Vices aa attorney. to carry him for
one claim Of one hundred and sixty
acres in the coal, free OF cost to him.
and he agreea to do all our legal
work In procuring titles, etc, free
OF expense to US" When Cunning
ham, on September 4, 1908. made
his affidavit, he knew these records
we're In possession OF the department
officials. CLAWS had forwarded them
with a letter calling attention to the
Hepburn entry. Naturally Cunning
ham. Ballinger, and Hepburn. with
Burton and Mitchell in mind. had
terrific scare In his affidavit, pre-
pared BY Bailinger. Cunningham at
tempted to explain away many things.
He quoted letter from Senator
Hepburn. dated October 90, 1905, to
himself. in which Hepburn declares
that he has frequently stated to Cum
ningham that he did not desire to be
interested In the coal lands in Alas.
ka. and now writes expressly to In.
form him again that he does not de-
sire to participate in, or be inter
ested In any manner. directly or lndi-
rectly, in acquiring public lands.
The letter contains 1856 words. In
those 1856 words, this disclaimer is
stated four different times, in four
deterrent ways. Was this letter writ
ten after CLAWS got possession Of
Cunningham's records? And did Hey
burns Withdrawal as an attorney
have anything to do with the pres-
ent employment OF his nephew, John
P. Gray Of Wallace. as an attorney
for the Cunningham Claimants9
Balllnger's Many Clients.
When Balllnger represented Cum
bingham. he represented ali the Cum
ningham claims, Not only this, but
the record Il quick with the evidence
OF his employment by other Alaska
claimants at different TINES. Under
date Of December 23, 1908, a little
over two months before he took Of
nee as secretary OF the interior, Bal
linger wrote 10 the register and re-
celver Of the United States land Of
nee ct Juneau, Alaska, saying that
he represented w. @. Whorf, whose
entry was known as coal survey No.
3ib. On January Z. 1909. less than
sixty days before Balllnger became
secretary OF the interior. M. A. Green,
who represents another Alaska coal
syndicate, wrote to John w, Dudley.
register OF the juneau, Alaska, land
office: Il submitted this scrip to
Judge Ballinger as my lawyer, and
he has approved the same, saying
Il was regular In every way. SO l
bought and paid for It. and am send
lug It forward 10 you at this time. 4"
Again, In this same letter, Green
wrote; II am expecting to go to Chi
cago the latter part OF this month
to meet Mr.. Mckenzie" same
Mckenzie who supported Ballinger's
argument before the committee ON
public lands IN favor OF the Gale
hill--'and others interested In the
Doughten ground, and shall expect
to take up the work OF pertectinE
their surveys and title as soon as pos
sihle." John Halllnger, a nephew
OF Achilles. now represents these In
terests. Under date OF April 10,
1a0a--slx weeks after Rallinger took
the oath OF office IS secretary of the
inteFlor--Walter NJ. French OF the
Law Arm OF Allen & French Of Seat
tie. wrote John w. Dadley. register
Of the Juneau land offee. "Mr.
Hartman, whom represent. has on
several occasions taken the matter OF
sale up with Judge Balllnger. whose
frm represented tho purchasers. and
with Mr.. HartllRe. and the parties
have at al times seemed to be In per-
feet accord" II Is hard to keep
track Of them all. no doubt. and We
must end the present list. on No
vember ~. 1907. CLAWS submitted
report to Ballinger Is commission
sr OF the general land Office. In
which he recommended a further In
vestisation concerning a soldiers ad-
ditionnl application by Clarke Davis
who was represented by the Mr..
Hartman referred to. Ballinger
never replied to this phase OF CLAWS
report. either orally or In writing,