The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-11-09
EXPOSES STEAL
Of COAL LANDS
Continued from Page one.

TO the issuance of patents to the
Cunningham claims.
My first connection with these
wax when in the gall OF 1907 | dis.
covered in Seattle while investigat
ing other matters that some or all
OF the coal claims were not bona
fide. My report of this matter to
Mr.. Baliinger stated that one claim
ant had refused me an affidavit on
the ground that Mr. Ballinger himself
had told some of the claimants to
make no statement until the charges
We're made, IN ORDER THAT
THEY MIGHT KNOW WHAT THEY
HAD TO MEET. but that | could not
believe this statement. Mr.. Ballin-
ger never commented to me on this
phase of my report. In December,
1907. 1 was called to Washington
and explained to Mr.. Ballinger. then
Land Commissioner, what | had
found out about all the claims. i'm
Guiding the Cunningham claims.
also stated that the Department of
Justice would know these facts and
would investigate them If the Land
Office did not. Mr. Ballinger told
me he was A friend OF many of the
claimants. but that l was authorized
10 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 inas-
much as Special Agent Love was a
candidate for United states Marshal
In Alaska, he was not in position
to make an impartial investigation
At our conference i'm December, 1907,
the good faith of the Alaska entries
was discussed by Mr.. Balinger. on
January Z, 1908. ten days after
ward Mr.. bennett. Assistant Com
missioner notified me. as investigator
of the whole field. that the Cunning
ham claims had been approved for
patent on the Love report. Three
days before this telegram, signed
"R. A. Ballinger" was sent to Love
in Alaska, directing him to forward
the plats which the Land Office
would require in issuing patents to
the Cunningham claims. Again. on
Janury IL, 1908, a telegram was sent.
signed by Mr.. Ballinger's name. To
Love. asking him whether he had
acted on the previous telegram. Love
telegraphed that he had sent the
plats The envelope of this telegram
in the Land Office was endorsed |
Hand to Carr, o. X. Carr" Carr |
the n private secretary to Mr.. Bal |
linger.
a Leak i'm the Land Office
On January 10. 1908, Cunning ham |
sent for the claimants, wrote n letter |
TO the Janeau Land Office, in which |
he said:
'The commissioner (Mr. rBallin- |
ger) has furnished us with copies Of
all the correspondence and kilograms
relating to our entries between the |
various special agents and also with
your Office Up to this time every
thing seems to have been approved
by each department chief, so now
our only delay will be occasioned |
through failure to receive plats ac-
cording to Judge Ballinger's advice"
II the Cunningham claims had then
gone TO the patent, 5000 acres of
coal land, containing according to
Cunningham expert, $1,000, 900 tons
of coal could have gone to the Cum
nlngham group without adequate in
vestlgation of title. When the Cum |
ningham claims were ordered to pat |
ent, Mr. Balllnger 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. I did |
not wish TO protest to Secretary of
. the Interior Garfield against the act
ion of the Commissioner and l did
not like to see 5000 acres of coal
lands go to the Cunningham group
when / believed the claims fraud
ulent. 1 did protest Immediately, byl
telegram and letter, direct to Com
missioner Ballinger, against the is
suance of the patents The order
clearlIsting the Cunningham claims 10
patent was almost imm ediately re-
yoked, and on March /, 1908, / again
took up dhe work on these claims. |
Special Agent Jones and /, at Wall |
ace, Idaho, procured affidavits of Con-
ningham claimants showing their in
tention to consolidate their claims. |
Then we went TO see Cunningham.
Cunningham stated that he had
heard that some one complained that
he was taking claims for the Gug
genheims. (The Jones report to Bal
Jlnger contained the allegation that
all indications pointed to the Gug-
genheims. but II does not appear how
Cunningham got this confidential in
formatlon.) In order to refute this
charge Cunningham showed us his
books. These books contained n
memorandum of agreement, dated
,I903, between the entrymen to con-
solldate their coal lands. This agree
ment was Illegal for two reasons
because 1t attempted TO consolidate
more than the law allowed, and be-
cause the agreement showed that
the entrymen took up the land with
the Intention OF deciding IL to COM
pany and giving Cunningham one
eighth of the stock.
Afterward. and while Jones and
Ex-Governor Miles C. Moore of Wash
ington. one OF the Cunningham claim
ants, came in and stated THAT he
had had a recent interview with Mr..
Bailinger TO Washington and that Mr..
Ballinger 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 prevent
ing my obtaining the affidavit from
Cunningham. In fact, the informa-
tiOn obtained by this claimant, Miles