Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-09-09

date report. March g. 1908. the House of
Representatives committee on public
lands had before it a bill introduced by
Delegate Gale of Alaska to provide for
the disposal of coal lands in Alaska. A
clause in Mr.. Gales bill provided for the
| onsolidation of bona fide entries. This
would not. according to the reasoning OF
the Attorney Generals opinion herein
after referred to. have allowed the con-
Solidation patenting of the Cunning
ham group of claims.
| Testifies Before Committee.
Commissioner Ballinger appeared be-
fore the committee and testified. He re-
ferred to thirty-three coal entries in Alas
ka. embracing $3.50 acres Of coal lands.
near the Boring river in the Katalla dis
trict. His testimony showed that there
was no home market for the coal and no
railroad facilities to the mines. He testi-
| fed that a great many charges were
pending against some of the original en-
tries In Alaska, and that the entrymen
became involved in conditions (which
upon the records of the general land
Office are a technical violation of the
statute, and it is a situation which
should be cleared up He urged lesisla-
ton to allow the consolidation of the IL
| legal entries and showed an intimate
| knowledge of the country embracing the
claims.
Mr.. Ballinger's suggestion was not
| adopted by the committee, and later
Chairman Mondell introduced a bill to
allow the consolidation of valid coal To-
cations. The bill contained an anti
trust clause. This bill would not have
allowed the consolidation of the Cunning
ham claims.
duced a bin which allowed the consolda-
ton of claims made before the passage of
the act without restricting the right to
valid locations. This would have al
1 10yr-
/ nam group of claims. and Secretary Gar
field suggested that the bill be amended
to allow the consolidation Of only those
claims which had been initiated by To-
Gators solely in their own interests and
not as the employed agents of another.
| The Senate committee reported the bill
and substantially adopted Mr.. Garfields
suggestion, and the Senate bill became a
law.
| Mr.. Ballinger resigned in March, 1908.
Action on the Cunningham group of cases
was suspended by orders to CLAWS by
the general land Office in the spring of
| 1905. and they continued SO suspended
until October. 1908.
Ba1linger Employed by Cunningham
Immediately after his resignation as
commissioner Mr.. Ballinger became at
torney for the Cunningham group of
claimants and for other claimants In
Alaska. AS such attorney he is said to
have filed an affidavit by Cunningham
which attempted to explain certain evil
dence contained in a private journal,
| copy of which Mr. CLAWS had secured
to have showed that the Cunningham
| group of claims had been initiated by
| three men. one of whom was Clarence
Cunningham. who used the names of
| dummy entrymen" from whom they had
powers of attorney to locate and select
| lands located. The book is alleged to
have showed the substitution of names of
| responsible people for these dummies
that charges for examination of the lands
and other expenses connected with the
| locations were borne by the Guggenheim
syndicate. CLAWS continued to examine
the Cunningham group of coal claims
| with others in Alaska aggregating 800
claims.
| In January, 1909, Secretary of the Inte-
| rior Garfield Commissioner Of the Cen
| eral Land Office bennett and Chief of
Field Service Schwartz appeared before
a select committee of the House of Repre-
sentatives for the prevention of frauds in
and depredations upon the public service
and testified concerning fraudulent claims
| then pending before the general land
| Office. This testimony has been hereto
| fore published in The Star.
Without any pressure from the general
/ land Office CLAWS continued to examine
the coal claims until last spring, when he
upon the present status of the inyestiga-
ton and directing him how to classify
the claims. Early last April Claws was
requested to report when the Cunningham
| was notified that the Alaska coal investi-
cation must be completed within sixty
days.
| Last May Assistant Secretary Pierce
signed decision holding that the act Of
May %. 1908. allowed the consolidation of
coal claims in Alaska, notwithstanding
| such claims might have been initiated as
| the result of conspiracy to defraud the
United States and for the benefit Of 9TH
ers than the entrymen. In this decision
| he directed the clear-listing and patenting
| of claims of certain character which, it is
| claimed, would have embraced the Cum
| ningham group. CLAWS was supplied with
| a copy of the Pierce decision and direct
ed to make reports in accordance there
| with.
! June Il last the Attorney General of
| the United States rendered IN opinion
| which overruled the Pierce decision in
every particular. CLAWS was informed
| that the Cunningham claimants preferred
| to stand under the old law, that an i'm
mediate hearing would follow and that
| he should be prepared with the evidence.
| CLAWS was required to submit reports on
| the Cunningham group and was told that
notice of charges would be prepared in the
general land Office. In July word was
sent to CLAWS informing him that reports
1
might continue investigation.
Wires the Commissioner.
| Between the dates of these latter COM
munications CLAWS had wired to the COM
missioner requesting further time and
stating that the evidence was not in COM
plete shape and would not be for sixty
days; that If he was forced in a hearing
then he would have to rely upon the en-
| trymen for some of the evidence. but If
the hearings were delayed he could de-
velop case Independent of the testimony
of the entrymen, and would not be COM
PEELED to put them on the stand or to rely
upon their testimony.
July l, 1909. Special Agent Sheridan was
required to stand ready to go from Den
yer to Seattle to assist CLAWS.
| Sheridan was required to take complete
charge of the cases July II. Between the
dates of these kilograms CLAWS had con-
tinued to protest and ask for time. Gla-
Wis telegraphed to, Acting Law Officer
Shaw of the forest service that there were
approximately 700 coal claims in Alaska
in the Chugach national forest. including
the Clarence Cunningham group. which
were about to proceed to hearing. and
| asked the cooperation of the forest serv-
Ice to the extent Of having Shaw to pro-
coed Immediately to Seattle TO attend the
hearings.
/ CLAWS was notified that Shaw's at