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

er. then land commissioner. what 1 had
found out about oil the claims. including
the Cunningham claims. also stated
that the department of Justice would
know these facts and would investigate
| them II the land office did not. Mr.. BAL
| llnger told me he was friend of many
! of the claimants, but that was author
| lied TO go ahead and investigate all these
! claims, no matter what the result. He
| then wrote ME a letter putting me In
charge OF the investigation of all the
! Alaska coal claims, II was agreed by
Mr.. Ballinger that inasmuch as Special
| Agent Love was Vindidato for United
States marshal in Alaska, he was not In
position To- make an impartial invesI-
| CATION, At our conference In December.
1907, the good faith OF the Alaska entries
was discussed by Mr.. BallnGer, On Jam
uary Z. 1908. ten days afterwards, Mr..
bennett, assistant commissioner. notified
me az Investigator of tho whole field, that
the Cunningham claims had been ap-
proved for patent on the Love report
Three DAYS before this telegram. signed
"R A Ballinger," was sent to Love in
Alaska directing him 10 forward the
plats which the land office would require In
issuing patents to the Cunningham claims,
was sent. signed with Mr.. Rallinger's
name, TO Love, asking him whether he
had acted on tho previous telegram Love
teegraphed that he had sent the plats.
Tho envelope OF this telegram In the
land office was indorsed Hand to Carr
O. X. Carr" Carr was then privaf Sec
retary to Mr.. Ballingcr.
Leak in the Land Office,
On January 10, 1905, Cunningham,
agent for the claimants, wrote a letter
to the Juneau land office. in which lie
said
"The commissioner CMr. Ballnger) has
furnished us with copies OF all the cor
respondcnce and kilograms relating to
our entries between the various special
agents and also with your office. Up
TO date everything seems to have been
approved by each department. CHIEF, so
now our only delay Will be occasioncd
through failure to receive pats accord
ing to Judge Balllnger's advice"
II the Cunningham claims had then
Containing, according TO Mr.. Cunning,
hams expert. $1,000 600 tons OF coal
would have gone 10 the Cunningham
group without adequate investigation or
titlc. When the Cunningham claims were
ordered to patent, Mr.. BallInger and his
assistants must have known, from the
reports of Special Agent Jones and my
self, the suspicious character OF these
claims.
Here was my first dilemma. did
not wish TO protest 10 Secretary OF the
Interior Garfield against the action of
the commissioner, and did not like
TO see 5000 acres of coal lands go to
the Cunningham group when | believed
the claims fraudulent. | did protest
Immediately, by telegram and letter, dl-
rect to Commissioner Rallinger, against
tho issuance OF the patents. The order
clear listing the Cunningham claims TO
patent was almost Immediately revoked,
and on March ]. leoS, ] again took up
the work on these claims.
Special Agent Jones and !, at Wal
lace, Ida. procured athdavits of Cum
ningham claimants showing their intcn-
ton 10 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 tho GugSenheims. trhe Jones re-
cation that all indications pointed
to the Guggeuheims. but it does not
appear how Cunningham got this conf
dental informatonD In order to re-
fute this charge, Cunningham showed us
his books. These books contained n mem
orandum OF agreement dated 1899. be-
tween the entrymen TO consolidate the
coal lands. This agreement was illegal
TO consolidate more than the law allowed.
and because the agreement showed that
the entrymen took UP the land with the
intention Of deciding IL TO a company and
giving Cunningham one-eighth OF the
stock,
Had Restrained Balinger.
Aftcrward and while Jones and I were
taking Cunningham's affidavit. cX-Gov-
eraor Miles g, Moore OF Washington one
of the Cunningham claimants, came In
and stated that he had had recent in
terview with Mr.. Ballinger in Washing
ton, and that Mr.. Ballinger would have
patented the Cunningham claims but for
my protest. This information given
Moore and announced by him in Cum
ningham's presence, came near prevent
Ing my obtaining the affidavit from Gun
ninSham. In fact the information OBJ
tained by this claimant, Miles G. Moore.
from the land office in Washington, con-
siderably hampered me in my effort TO
get evidence, The giving out OF such
information was contrary TO express reg
uations OF the interior deps rtment.
nNsfl fNf ~. Nglz
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. reported by telo
gram that delay OF the investigation
chance TO secure, evidence.
In October 1908, | Was ordered back
10 the Alaska cases by q letter of Act
Ing Assistant Commissioner Schwartz
stating that my work had been suspended
pending legislation.
Of the land offco In March. 1908. a
few days before, while an officer of the
United states Mr.. Balinger appeared be-
fore the house committee on public lands
in favor OF the Gale bill, then pending
In the course OF his statement no said:
provides for a consolidation of existing
entries and does not call for the proof
Of good faith OF the original entry or
location. There arc a. great many charges
pending against some OF the original en-
tries III Alaska. At the time these fields
were located. corporations were organ
ized. Tho men had really no method O..
taking advantage of these coal measures
1t resulted in their getting involved In
cond itions which, upon tho records OF
the land office. arc technical violation