Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-09-06
COMES TO SHOW DOWN
Secretary BalIinger Reports
on Cunningham Cases.
PAPERS BEFORE PRESIDENT
Several Separate Statements Bearing
on CLAWS Charges.
DECISION ANXIOUSLY AWAITED
Legislation Regarding the Famous
Claims-Cause of Friction Be-
tween Two Departments.
DECISION ANxI0USLY AWAITED

Now for a showdown in the CLAWS
charges against the Inferior Department
officials in the Cunningham coal cases.
Secretary Ballinger left at 5:35 last even
ing for Beverly with several satchels full
of documents in this celebrated contro-
versy to be submitted to the President.
He carried with him separate statements
from Assistant Secretary Pierce, Land
Commissioner bennett and Mr.. Schwartz,
chief of the field division Of the land Of
flee. He also took along statement OF
his own connection with the cases.
1t is assumed in official circles here that
the President will decide whether the
charges of Mr.. CLAWS that the action Of
the Interior Department operated in ef-
feet to expedite validating the Cunning
ham claims are sustained by the facts.
and that his decision will be announced.
According to the understanding of the ma
ture of the CLAWS charges, 1t Is claimed
that their upholding by the President
would mean drastic action against officials
thus held accountable. BY the same token
ii is contended that finding the charges
groundless would result in executive re-
buke of those who brought them and
facilitated their publication.
Expected to End Friction.
After passing upon the particular issue
joined in the pending controversy, Presi-
dent Taft will be called upon, it is said.
to take action to put an end to the friction
between the forestry and reclamation serv-
ices and the Interior Department, in the
general administration Of the conservation
policy of the government. This is an
other and a broader question and 1t is
thought here that the President will not
come to decision until after his western
trip.
In the course of that journeying he will
talk with all sorts and conditions of men
interested in conservation and the prac-
tical workings of it. He will hear all
sides OF the controversy and be able to
reach conclusion as to the merits of tn
differences between Forester Pinchot and
Secretary Ballinger.
It is hardly thought tAst any ofuciai
heads win fall as the result OF that de-
cision. but 1t is conjectured that II the
President should take positive ground the
situation might become t1nfenable to one
or the other of the gentlemen named
who might prefer to resign.
Beginning Of Legislation.
The proceedings in Congress which led
up to the Alaska coal land bill meas
ure which became the act Of May q,
1908, and which act was the basis for
Assistant Secretary Pierce's decision OF
May 10. 1909, that was overruled entirely
by the Attorney Generals opinion Of June
IL. 1903, began with the Introduction of
a bill by Delegate Gale from Alaska. This
bill would not have permitted a consoli-
dation of the Cunningham group Of
claims. since it restricted the privileges
in that regard to bona fide locations. Mr..
Ballinger. who was then commissioner Of
the general land office, testified before
committee on March 8, 1908. He showed
himself familiar with Alaskan conditions
and with the condition of the lands en-
braced in the Cunningham claims.
Mr.. Ballinger referred to these claims
as "thirty-three coal entries embracing
about $3.50 acres of coal lands near the
Bering river in the Katalla district" He
demands for coal might come are widely
separated In Alaska: that shipments to
Nome would not be much more feasible
from Valdez than from the ports Of the
Puget sound. He said there were no
cities In Alaska which needed much more
fuel than they could get from the steam
ers running back and forth from the
states.
He also testified that a great many
charges were pending against some OF
the original entries In Alaska: that the
entrymen had become involved in con-
ditions which upon the records Of the gen.
tion of the statute. and that It was "a
situation which shoald be cleared up."
He recommended q legislation to validate
these entries and to permit their consoi-
dation
The chairman of the committee. Mr..
Mondel. after this hearing. introduced a
bill which would not have permitted the
consolidation and patenting of the Cum
ningham group, since it provided for the
consolidation of "only valid coal claims
The bill also contained an antitrust
clause.
Senator Hepburn afterward introduced
bill which. II is claimed. would have
allowed a consolidation of these coal
claims. since 1t did not restrict the privi-
lege either OF valid or bona fide locations
May 6. 1908. Secretary Garfield made a
report on Senator Heyburns bill, in
which he said:
Il call your attention to the fact that
il this bill should pass in its present
form IL would confirm many claims which
have been initiated contrary to the pro-
visions of existing law by the use Of So
called dummy entrymen! =
The Secretary suggested an amendment
TO defeat such confirmation and the COM
mittee adopted his suggestion substantial
ly and reported q substitute bill for the
Hepburn BILL which substitute bill also
contained an antitrust clause.
This bill became the act of May o.
E0s, which the Attorney General con-
strued. January so, 1909. Secretary of
the Interior Garfield. Commissioner Den
net OF the general land Office and Chief
Schwartz of the field service appeared
before a select committee OF the commit
tee on appropriations of the House of
Representatives This committee was
considering Legislation Tor the prevention
of fraud In and depreciation upon the
public service.
Regarding fraudulent Claims.
Mr.. Garfield and his associates were
testifying as to the fraudulent claims for
the public lands which were pending be-
fore the Interior Department Mr. Dem
net showed himself familiar with the
Bering river field. in which the Cunning
ham claims are located. He offered to
furnish the chairman of the committee
with map covering that field. He testi-
fed that applicants did not have any fear
of not being able to secure the labor re-
quired to mine the coal. and that their
anxiety was to obtain titles: that there
would be many more applications. but
the clause which prevents or tries to
prevent these lands from passing into
the hands of a trust. as IL has been con-
strued, seems to have caused q reluc-
tance on the part Of some people to ad-
vance money"
Secretary Garfield testified concerning
the act of May %. as follows:
'The general provisions there were that
we would allow the consolidation of en-
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