The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-11-20
HEARING BEGINS
ON CUAL LANDS
Government Produces Evidence
10 Show No Development
Work Was Done.

Seattle, Nov. 1s.-At at hearing be-
fore Special Comml ciOncr william
j. McGee today the government began
the Introduction OF evidence 10 show
that no development work had bcFn
done on the Cunningham coal claims
IN tho katalla district OF Alaska. These
are the claims involved IN the CLAWS
Ballin1or controversy which resulted
In The dismissal OF CLAWS from the
land office.
The first witness called after the
introduction OF afldavits oil the claim
ant corroborated tho evidence AM
showed the intent oil the entrymen.
Mr.. Kennedy, who Is a coal expert
was sent 10 Alaska b. the government
TO investigate the work done toward
developing the claims.
Mr.. Kennedy spent two months go
ing over the thirty-three claims for the
purpose of ascertaining the amount OF
work that had been done on them. On
several filings. he said. he found oY-
licences OF prospect work but did not
6nd any evidence OF development
work. There were few short tun-
nels and several cuts. All were small
and wcer in bad condition. slides hav-
ing partially filled hem.
Exposures Were Natural.
Mr.. Kennedy said he had found
numerous coal exposures which evil
dently were not the result OF work
on the part OF claimants but came
from natural causes, such as erosion
and land slides.
j NJ. Sheridan. attorney for the gov
ernment. brought out the fact that in
several cases where tails had been
built they were not for the purpose
OF leading TO the works, but served as
connections between the different
claims
Dir. Kennedy was still on the stand
when the hearing adjourned for the
day.
A number of affidavlts were intro
duced today 10 show that the entrymen
did not make their filings for their
own exclusive benefit. but thai prevl-
ously they had entered into an agree
ment to consolidate them.
Cunnlngham's Affidavit.
The affidavit OF Clarence Cunning
ham OF Wallace, Idaho. set forth that
he took up claims for himself and
thirty-two others. Hearing that there
were certain valuable coal lands near
Katalla. Alaska, he made trip during
October and November, 1902. to that
country. He then returned to Wal
lace. Idaho, and in his friend in join
ing him In further Investigations.
Ten contributed $500 each, In the
meantime he had interested twenty
other persons, each Of whom entered
16O acres through him, and his fellow
entrymen paid him in all s131, ,10e. The
affidavit continues:
The Guggenheim syndicate, which
was contemplating building a railroad
10 our coal fields, IS not directly OF In
directly interested In the said coal
lands, and 1t has never been Inter
ested. nor has It contributed any
money toward development or pur-
chase OF said coal lands.
Met In Salt Lake City.
The syndicate. having secured final
certificates, cndeavored TO como TO
an understanding or agreement with
reference TO our coal In company
with two others OF our claimants
met the Guggenheim representative In
Salt Lake City and agreed that, In the
event of the railroad construction, we
would sell them all tho coal required
for their steamship and railroad use
and whatever additional amount OF
coal they could find market for. AS
the Guggenhelm syndicate has since
changed It's plans regarding the con-
struction of its railroad and steam
ship lines and mines, the agreement
has been abrogated and we have now
surveyed for our railroad from Kanat
TO our coal fields and we intend TO
proceed with development and mining
the coal for ourselves"
Continuing. IL states that the coal
land was filed upon with the sole aim
OF forming a company for its develop
ment and not in the interest OF any
corporation.