East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-09-13

beyond doubt. The question is, "n
this collusion did r. A. Ballinger
Frank Pierce, Fred bennett and
Henry Schwartz take part; does their
apparent connection stand, in the
light of the cold facts?"
Let 1t be understood that 33 coal
claims specifically referred to in ths
statement are merely one group out
Of 800 such claims, of when hun
dreds were designated as fraudulent
by the special agents, and held to be
such by Former Secretary Garfield
and the present attorney general, Mr..
Wickersham. So that for 33 claims
it will be proper to read at least 500.
In applying to the whole issue the
facts In these particular claims as dis
closed by the record, which follows:
History of Coal Cases.
The Cunningham coal claims are To-
Gated near Katalla, Alaska, and COW
er 33 entries of an area of $3.50
acres. A report upon them made by
the claimants expert alleges that they
contain over 63,000.oO0 long tons Of
| coal and more Or less timber for min
ing purposes and waterfalls which
furnish 1000 horsepower, which may
be used for hauling, lighting. and
other purposes in connection with the
mines
Special Agent Love OF the general
land office had been investigating
these claims in a desultory manner
for more than year before June 81,
1907, when Special Agent II. r. Jones
was directed to make an investiga-
ton. Mr.. Jones submitted reports in
August 1907, which alleged that the
entries were fraudulent and in his
opinion made for the benefit of the
Guggenheim syndicate. He recon-
mended a further investigation TO de-
velop the full facts.
CLAWS Fight Begins.
On December 2S. 1907, Mr.. CLAWS
was given entire charge of the cases
and Loves control ceased.
On January 4, 1908, the claims
were clear listed for patent in the
general land office with Commissions
er Ballnger's knowledge and approx
al and on January CLAWS was in
formed of this action.
On January %. 1908, after protest
by CLAWS the action of clear listing
the entries for patent was suspended.
On February 3, 1905, Gavis was di-
rected to complete investigation and
make immediate report.
Garfield Defeats Hepburn Bill.
on April 23, 1908, Senator Hey
burn introduced a bill which allowed
the consolidation Of claims made be-
fore the passage of the act without |
restricting the right to valid" loca-
tlons. This would have allowed the |
consolidation of the Cunningham |
group of claims.
On May 6, 1908, Secretary Garfield |
reported upon this Dill and said in |
part:
81 call your attention to the fact
that If this bill should pass in its pres
ent form 1t would confirm many
claims which have been initiated con-
trary to the provisions of existing
law by the use of so-called dummy
He suggested that the bill be
amended to allow the consolidation
Of only those claims which had been
by locators solely in their
own interest and not as the employed
agent of another.
On May 13, 1908, the senate COM
nittee reported upon the bill and
adopted Mr.. Garfield's
suggestion.
On May II, 1908, the house COM
nittee made a favorable report upon
is bill in slightly different form,
,ut under either bill the Cunningham
'ases could not have been consoli-
lated, and both bills contained anti
rust clauses.
on May, 1908, the senate bill be- I
anne law.
Bills for Consolidation. ,
On March g. 1908, the house of
committee on public =
ands had before 1t a bill introduced :
" Delegate Gale of Alaska to pro- y
ide for the disposal of coal lands in
llaska. clause in Mr.. Gales bill
rovided for the consolidation of bon u
fide entries. This would not, ac-
ording to the reasoning of the attor- +
ey generals opinion hereafter refer k
ed to, have allowed the consolidation I
+ patenting of the Cunningham c
roup of claims. =
Commissioner Balinger appeared f
efore the committe and testified. He @
aferred to 33 coal entries in Alaska a
$3.50 acres of coal lands
ear the Bering river in the Katalla "
istrict His testimony showed that y
lere was no home market for the q
)al and no railroad facilities to the r
ines He testified that great a
lany charges We're pending against D
me Of the original entries in Alaska II
nd that the entrymen became in +,
plved in conditions (which upon the a
cords of the general land office are D
technical violation of the statute and W
is a situation which should be p
cared up" He urged legislation to W
low the consolidation of the ille- e,
II entries and showed an intimate NJ
1owledge of the country embracing IN
e claims tc