Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1909-08-19

Before the Cunningham claims were
filed. however, the interior department
officials assert that the 3S men entered
into an agreement to turn their lands
over to n corporation as soon as they
could secure patents to the various tracts.
The interior department insists It has
absolute evidence that his association was
formed before the claims were filed. This,
It is asserted IL in violation OF the law.
Acknowledgement Wickersham has given
an opinion to this effect. The evidence Ia
regarded by the department officials az
the strongest argument In the govern
ment's case. The law passed by Congress
in May. 1905 Is looked upon as a very
strong second line Of attack. This law
limits contiguous holdings OF coal lands
by individuals and associates to $500 acres
and also contains strong ant-corn-
hination clause. The Cunningham claim
ants are expected to insist that this
legislation. enacted after the fling Of
their claims, cannot affect their case. Tho
government, however. has long pursued
the policy of denying TO claimants any
status OF consideration until after the
issuing Of patents FOR the claim flied.
GUGGENHE1M's ACTIVITY IN
ALASKA.
Although neither the interior depart-
ment nor the forest service will make n
direct statement concerning the identity
or the corporation which was to take
over tho Cunningham holdings, there are
Indications that the Guggenhems have
ev'nced lively interest In the coal con-
tracts north of Katalda II Is asserted
that tho Guggenheim people have paid
tho expenses of inspection trips through
out this territory.
Although fight between RalinCer and
Ptnchot was bound to come sooner or
later. the Cunningham case would not
nave presented the opportunity had not
PRESIDENT Roosevelt, on the last day OF
his term OF office. issued an executive
order extending the boundaries Of the
forest reserves IN southern Alaska. This
order served to place between 1nn md
2,oD acres Of the Cunningham tract with
In the jurisdiction Of Forester r.inchot
II was In this way that the interior 40
partH'ent ana the forest service got their
INES crossed. The officials and agents of
the forest service have free access 70
oil the maps and documents Of the inte-
r'or department which deal with the for
ritory under the supervision Of the ser,
Ice. Some Of the documents discovered
by the forestry people since the begin
ming of the present administration. ac
cord'ng TO the whispered charges made
by Mr.. Fnchot's men. led them to he
liere that Mr.. Ballinser was permitting
too much haste IN the disposition Of the
cunningham Chains for the good of the
governments interests
A CRITICAL LAND AGENT
u Is known that one Of the agents
~ the general land office recently has
neen converted to this belief either
| ny his associates in the forest service
or as result of his investiga lions
! This agent sent n letter to Commits
sioner bennett protesting against the
course pursued IN the interior depart.
mont. His criticism did not result
either in hts removal from the ser
vice or his withdrawal from the Cum
nngham tract. An assistant was
sent 10 aid him IN his work The in
terror depa rtment officials will make
no statement concerning this incident
Some of tho forestry service officials
are willing to say ANONYMOUSLY that
Mr.. Ballinger's department is afraid
TO take any action against the critical
agent
The hearings which the interior de-
partment hopes to have started by
October IS will be held In several
cities. The task OF taking deposit
tons Is expected to be tedious one.
and It is probable that the entire
amount of evidence will not be In the
hands OF Commissioner bennett for
several months. Then the commits
sioner's recommendation will go to
Assisting Secretary Pierce who will
have to decide between the govern
ment and the old clients Of his chief.