The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-11-10
Pierce's Decision.

ON the following day Mr.. bennett,
in conversation, told me to make
my reports in conformity To his de
cisian, and AT my request q letter was
sent To me on May "a directing me to
50 report.
on the 2sth | reported that. accord
ing To the decision rendered by the
interior department. IL was useless to
proceed with amy further in1rstiga-
tiun, and that under the decision |
was Obliged To report 5s2 claims. in
Guiding the Cunningham group for
the consideration Of the commissioner
under this decision. The decision rem
dered by Mr.. Pierce was as follows:
Department OF the Interior. Wash
ington May 10. 1909 The Commits
sioner Of the General Land Office:
Sir-Rcfering to your recent request
for Instructions relative To upper
fected coal and entries within
Alaska, made by qualified persons
prior to the passage Of the act Of May
IS. 1908 t35 Stat. 42p. concerning
which YOU report that under varying
conditions arrangements had been en-
tered into looking To the transfer and
consolidation Of the entries into
age ms would warrant the economic
development of the groups. and that
application IL now being made To per
feet said entries under said act.
have IL advise you that the act of
May rs. 1905. was "A curative act and
should be literally construed SO as to
further the object intended to be ad-
vanccd by said legislation. namely,
the consolidation Of coal claims in
Alaska, Initiated prior to November u.
1906 through means of associations
or corporations. so as 10 permit OF the
requirement of title to contiguous To-
cations not exceeding 1850 acres
There are. Of course, conditions re-
speeding the qualifications of the per-
sons constituting the association or
corporation making the consolidated
entry, its length etc, with respect To
which your inquiry has no relation.
II is assumed that the difficulty with
which your office il confronted i'm
passing upon these applications is
merely that technical objection might
have been raised as to the good faith
of the claimant or entryman because
OF the understanding. arrangement. or
agreement contemplated or entered
into with respect To the completion of
such entries prior to the passage of
the act of May 2S, 1905. With respect
thereto ! am Of the 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 lib
erai provisions, solely because of such
previous arrangement or agreement is
unWarranted, ana that in passing
upon entries sought to be perfected
under the act of 1908. where the only
objection thereto is an arrangement
or agreement of the character spcrifi-
cally described in your letter the
same might and should be accepted
and passed To patent.
Very respectfully
(Signcd FRANK PIERCE,
First Assistant Secretary"
l was then in a very difficult posi-
ton. knew what the law was, and
my supsriars Were against me. If |
accepted their ruling, 100000 acres of
Alaska coal lands We're slipping from
the United states with no hope of re-
covery and We're going to claimants.
many of whom were fraudulent. The
chance for the wise regulation of
coal lands urged by President Roosc-
welt would be gone.
Without consulting my superinrs. /